[Congressional Record Volume 168, Number 201 (Friday, December 23, 2022)]
[House]
[Pages H10076-H10529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2023
Ms. DeLAURO. Mr. Speaker, pursuant to House Resolution 1531, I call
up
[[Page H10077]]
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, with the Senate amendment to the House
amendment to the Senate amendment thereto, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment to the House amendment to the Senate amendment.
The text of the Senate amendment to the House amendment to the Senate
amendment is 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 II--PREGNANT WORKERS
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
Division LL--State, Local, Tribal, and Territorial Fiscal Recovery,
Infrastructure, and Disaster Relief Flexibility
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the Senate section of the Congressional Record on or about
December 19, 2022, and submitted by the chair of the
Committee on Appropriations of the Senate, shall have the
same effect with respect to the allocation of funds and
implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2023.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost
of living adjustments for Members of Congress) during fiscal
year 2023.
[[Page H10078]]
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$65,067,000 of which not to exceed $7,432,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,396,000 shall be available for the Office of
Homeland Security; not to exceed $5,190,000 shall be
available for the Office of Tribal Relations, of which
$1,000,000 shall be to establish a Tribal Public Health
Resource Center at a land grant university with existing
indigenous public health expertise to expand current
partnerships and collaborative efforts with indigenous
groups, including but not limited to, tribal organizations
and institutions such as tribal colleges, tribal technical
colleges, tribal community colleges and tribal universities,
to improve the delivery of culturally appropriate public
health services and functions in American Indian communities
focusing on indigenous food sovereignty; not to exceed
$9,280,000 shall be available for the Office of Partnerships
and Public Engagement, of which $1,500,000 shall be for 7
U.S.C. 2279(c)(5); not to exceed $28,422,000 shall be
available for the Office of the Assistant Secretary for
Administration, of which $26,716,000 shall be available for
Departmental Administration to provide for necessary expenses
for management support services to offices of the Department
and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds
made available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office; not to
exceed $4,609,000 shall be available for the Office of
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch; and not to
exceed $8,738,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading
for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under
this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall
be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available under this
heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from
the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of
Congress on the allocation of these funds by USDA agency:
Provided further, That during any 30 day notification period
referenced in section 716 of this Act, the Secretary of
Agriculture shall take no action to begin implementation of
the action that is subject to section 716 of this Act or make
any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $28,181,000, of which $8,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155: Provided, That of the amounts made available
under this heading, $500,000 shall be available to carry out
section 224 of subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $16,703,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $92,284,000, of which not less than
$77,428,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,367,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $1,466,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$37,595,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $40,581,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$7,581,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security,
and Protection, $21,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $111,561,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $60,537,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $2,384,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office: Provided further, That of the
amounts made available under this heading, $1,000,000 shall
be made available for the Office of the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$92,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $211,076,000, of which up to $66,413,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,744,279,000: Provided, That appropriations hereunder shall
be available for the operation and maintenance of aircraft
and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one
building shall not exceed $500,000, except for headhouses or
greenhouses which shall each be limited to $1,800,000, except
for 10 buildings to be constructed or improved at a cost not
to exceed $1,100,000 each, and except for four buildings to
be constructed at a cost not to exceed $5,000,000 each, and
the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building or $500,000, whichever is greater: Provided
further, That appropriations hereunder shall be available for
entering into lease agreements at any Agricultural Research
Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal
[[Page H10079]]
entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $74,297,000 to
remain available until expended, of which $56,697,000 shall
be for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $1,094,121,000 which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for research grants
for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants,
capacity building for non-land-grant colleges of agriculture,
the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, grants
management systems, tribal colleges education equity grants,
and scholarships at 1890 institutions shall remain available
until expended: Provided further, That each institution
eligible to receive funds under the Evans-Allen program
receives no less than $1,000,000: Provided further, That
funds for education grants for Alaska Native and Native
Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions
with funds awarded equally to each of the States of Alaska
and Hawaii: Provided further, That funds for providing grants
for food and agricultural sciences for Alaska Native and
Native Hawaiian-Serving institutions and for Insular Areas
shall remain available until September 30, 2024: Provided
further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157
may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying
out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $565,410,000 which shall be for
the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for extension
services at 1994 institutions and for facility improvements
at 1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds
under 7 U.S.C. 3221 for cooperative extension receive no less
than $1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law
93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$41,500,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative
shall remain available until September 30, 2024: Provided
further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,617,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,171,071,000
of which up to $9,552,000 shall be for the purposes, and in
the amounts, specified for this account in the table titled
``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act); of which $514,000, to remain available until expended,
shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest
animals and birds (``contingency fund'') to the extent
necessary to meet emergency conditions; of which $15,450,000,
to remain available until expended, shall be used for the
cotton pests program, including for cost share purposes or
for debt retirement for active eradication zones; of which
$39,183,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $4,096,000 shall
be for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which
$64,930,000, to remain available until expended, shall be
used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $216,117,000, to remain available
until expended, shall be for specialty crop pests, of which
$8,500,000, to remain available until September 30, 2024,
shall be for one-time control and management and associated
activities directly related to the multiple-agency response
to citrus greening; of which, $14,986,000, to remain
available until expended, shall be for field crop and
rangeland ecosystem pests; of which $21,567,000, to remain
available until expended, shall be for zoonotic disease
management; of which $44,067,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $62,562,000, to remain available until expended,
shall be for tree and wood pests; of which $6,500,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended; of which $24,527,000, to
remain available until expended, shall be used to carry out
the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That no funds shall be used to
formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the
purchase, replacement, operation, and maintenance of
aircraft: Provided further, That in addition, in emergencies
which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies
or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2023, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of
[[Page H10080]]
fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C.
2268a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $237,695,000, of which $7,504,000 shall be available
for the purposes of section 12306 of Public Law 113-79, and
of which $1,000,000 shall be available for the purposes of
section 779 of division A of Public Law 117-103: Provided,
That of the amounts made available under this heading,
$25,000,000, to remain available until expended, shall be to
carry out section 12513 of Public Law 115-334, of which
$23,000,000 shall be for dairy business innovation
initiatives established in Public Law 116-6 and the Secretary
shall take measures to ensure an equal distribution of funds
between these three regional innovation initiatives: Provided
further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to
the development or maintenance of grain standards under the
United States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,117,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,158,266,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided,
That funds provided for the Public Health Data Communication
Infrastructure system shall remain available until expended:
Provided further, That no fewer than 148 full-time equivalent
positions shall be employed during fiscal year 2023 for
purposes dedicated solely to inspections and enforcement
related to the Humane Methods of Slaughter Act (7 U.S.C. 1901
et seq.): Provided further, That the Food Safety and
Inspection Service shall continue implementation of section
11016 of Public Law 110-246 as further clarified by the
amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,727,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $248,684,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,215,307,000, of which not less than $15,000,000 shall be
for the hiring of new employees to fill vacancies and
anticipated vacancies at Farm Service Agency county offices
and farm loan officers and shall be available until September
30, 2024: Provided, That not more than 50 percent of the
funding made available under this heading for information
technology related to farm program delivery may be obligated
until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives
written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each
project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and
guidance, and (c) subject to the applicable Department's
capital planning and investment control requirements; and (3)
has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses
of Congress: Provided further, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2023
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That of the
amount appropriated under this heading, $696,594,000 shall be
made available to county committees, to remain available
until expended: Provided further, That, notwithstanding the
preceding proviso, any funds made available to county
committees in the current fiscal year that the Administrator
of the Farm Service Agency deems to exceed or not meet the
amount needed for the county committees may be transferred to
or from the Farm Service Agency for necessary expenses:
Provided further, That none of the funds available to the
Farm Service Agency shall be used to close Farm Service
Agency county offices: Provided further, That none of the
funds available to the Farm Service Agency shall be used to
permanently relocate county based employees that would result
in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations
of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$7,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $7,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided, That
such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement
payments to geographically disadvantaged farmers and ranchers
under section 1621 of the Food Conservation, and Energy Act
[[Page H10081]]
of 2008 (7 U.S.C. 8792), $4,000,000, to remain available
until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), relending program
(7 U.S.C. 1936c), and Indian highly fractionated land loans
(25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans
and $1,633,333,000 for direct operating loans; emergency
loans, $4,062,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $61,426,000; Indian highly fractionated
land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows:
$249,000 for emergency loans, to remain available until
expended; and $23,520,000 for direct farm operating loans,
$11,228,000 for unsubsidized guaranteed farm operating loans,
$10,983,000 for the relending program, and $894,000 for
Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,461,000:
Provided, That of this amount, $305,803,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$66,870,000: Provided, That $1,000,000 of the amount
appropriated under this heading in this Act shall be
available for compliance and integrity activities required
under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
amounts otherwise provided for such purpose: Provided
further, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $941,124,000, to remain available
until September 30, 2024, of which up to $22,973,000 shall be
for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for construction and improvement of buildings and
public improvements at plant materials centers, except that
the cost of alterations and improvements to other buildings
and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are
erected on non-Federal land, that the right to use such land
is obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $75,000,000, to remain
available until expended, of which up to $20,591,000 shall be
for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That for
funds provided by this Act or any other prior Act, the
limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres
in which such activities can be undertaken shall only apply
for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment
measures): Provided further, That of the amounts made
available under this heading, $10,000,000 shall be allocated
to projects and activities that can commence promptly
following enactment; that address regional priorities for
flood prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose
of watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport: Provided further, That of the
amounts made available under this heading, $10,000,000 shall
remain available until expended for the authorities under 16
U.S.C. 1001-1005 and 1007-1009 for authorized ongoing
watershed projects with a primary purpose of providing water
to rural communities.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $2,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests
Reserve Program under the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571-6578), $7,000,000, to remain available
until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture
and Innovative Production Program under section 222 of
subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6923), as added by section 12302 of
Public Law 115-334, $8,500,000.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to the
Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business: Provided further, That the Secretary shall notify
the Committees on Appropriations of the House and Senate in
writing 15 days prior to the obligation or commitment of any
emergency funds from the Commodity Credit Corporation.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $15,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,620,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $351,087,000: Provided, That of the amount made
available under this heading, up to $5,000,000, to remain
available until September 30, 2024, shall be for the Rural
Partners Network activities of the Department of Agriculture,
and may be transferred to other agencies of the Department
for such purpose, consistent with the missions and
authorities of such agencies: Provided further, That of the
amount made available under this heading, no less than
$135,000,000, to remain available until expended, shall be
used for information technology expenses: Provided further,
That notwithstanding any other provision of law, funds
[[Page H10082]]
appropriated under this heading may be used for advertising
and promotional activities that support Rural Development
programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i)
of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts
collected under such section, as amended by this Act, will
immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,250,000,000 shall be for
direct loans, $7,500,000 shall be for a Single Family Housing
Relending demonstration program for Native American Tribes,
and $30,000,000,000 shall be for unsubsidized guaranteed
loans; $28,000,000 for section 504 housing repair loans;
$70,000,000 for section 515 rental housing; $400,000,000 for
section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $46,375,000 shall be for direct loans; Single Family
Housing Relending demonstration program for Native American
Tribes, $2,468,000; section 504 housing repair loans,
$2,324,000; section 523 self-help housing land development
loans, $267,000; section 524 site development loans,
$208,000; and repair, rehabilitation, and new construction of
section 515 rental housing, $13,377,000: Provided, That to
support the loan program level for section 538 guaranteed
loans made available under this heading the Secretary may
charge or adjust any fees to cover the projected cost of such
loan guarantees pursuant to the provisions of the Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42
U.S.C. 1490q) shall be treated as living in a rural area for
purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available
under this paragraph for section 502 direct loans, no less
than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program
funded with a mutual and self-help housing grant authorized
by section 523 of the Housing Act of 1949 until June 1, 2023:
Provided further, That the Secretary shall implement
provisions to provide incentives to nonprofit organizations
and public housing authorities to facilitate the acquisition
of Rural Housing Service (RHS) multifamily housing properties
by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS
multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, $36,000,000, to
remain available until expended, for a demonstration program
for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to
restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or re-amortizing loan debt; and other
financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided, That the Secretary shall, as part of the
preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the
restructuring.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $14,084,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,487,926,000, and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon
request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew
the rental assistance agreement for a period of 20 years or
until the term of such loan has expired, subject to annual
appropriations: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may
be transferred and used for purposes of any debt reduction,
maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That
rental assistance provided under agreements entered into
prior to fiscal year 2023 for a farm labor multi-family
housing project financed under section 514 or 516 of the Act
may not be recaptured for use in another project until such
assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking
such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the
extent practicable, be applied to another farm labor multi-
family housing project financed under section 514 or 516 of
the Act: Provided further, That except as provided in the
fourth proviso under this heading and notwithstanding any
other provision of the Act, the Secretary may recapture
rental assistance provided under agreements entered into
prior to fiscal year 2023 for a project that the Secretary
determines no longer needs rental assistance and use such
recaptured funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, $48,000,000, to remain
available until expended: Provided, That the funds made
available under this heading shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided
further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided
further, That funds made available for such vouchers shall be
subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum
extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section
8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided
further, That in addition to any other available funds, the
Secretary may expend not more than $1,000,000 total, from the
program funds made available under this heading, for
administrative expenses for activities funded under this
heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $32,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $48,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, $341,490,328, to remain available
until expended, of which up to $325,490,328 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds
from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That any unobligated balances from prior
year appropriations under this heading for the cost of direct
loans, loan guarantees and grants, including amounts
deobligated or cancelled, may be made
[[Page H10083]]
available to cover the subsidy costs for direct loans and or
loan guarantees under this heading in this fiscal year:
Provided further, That no amounts may be made available
pursuant to the preceding proviso from amounts that were
designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, or
that were specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the
explanatory statement for division A of Public Law 117-103
described in section 4 in the matter preceding such division
A: Provided further, That $10,000,000 of the amount
appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized
by section 306(a)(19) of such Act: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$86,520,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $9,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further, That
of the amount appropriated under this heading, $2,000,000
shall be for the Rural Innovation Stronger Economy Grant
Program (7 U.S.C. 2008w): Provided further, That sections
381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to funds made available
under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $3,313,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $331,000 shall be available through June 30,
2023, for Federally Recognized Native American Tribes; and of
which $663,000 shall be available through June 30, 2023, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be paid to the
appropriation for ``Rural Development, Salaries and
Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for
the purpose of promoting rural economic development and job
creation projects, $75,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $15,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $28,300,000, of which
$3,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,000,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946, of
which $3,000,000, to remain available until expended, shall
be for Agriculture Innovation Centers authorized pursuant to
section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by
section 379E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s), $25,000,000.
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $20,000,000.
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $18,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
healthy food financing initiative
For the cost of loans and grants that is consistent with
section 243 of subtitle D of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as
added by section 4206 of the Agricultural Act of 2014, for
necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to
create and preserve quality jobs, and to revitalize low-
income communities, $3,000,000, to remain available until
expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(2) of the Consolidated Farm and
Rural Development Act, as follows: $1,420,000,000 for direct
loans; and $50,000,000 for guaranteed loans.
For the cost of loan guarantees and grants, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, for rural water, waste
water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development
Act, $596,404,000, to remain available until expended, of
which not to exceed $1,000,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $5,000,000 shall be
available for the rural utilities program described in
section 306E of such Act: Provided, That not to exceed
$15,000,000 of the amount appropriated under this heading
shall be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act:
Provided further, That $70,000,000 of the amount appropriated
under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $37,500,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided further,
That not to exceed $21,180,000 of the amount appropriated
under this heading shall be for contracting with qualified
national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $4,000,000 of the amounts made
available under this heading shall be for solid waste
management grants: Provided further, That not to exceed
$2,724,000 of the amounts appropriated under this heading
shall be available as the Secretary deems appropriate for
water and waste direct one percent loans for distressed
communities: Provided further, That if the Secretary
determines that any portion of the amount made available for
one percent loans is not needed for such loans, the Secretary
may use such amounts for grants authorized by section
306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the
direct loan subsidy costs remain unobligated after July 31,
2024, such unobligated balances may be used for grant
programs funded under this heading: Provided further, That
$10,000,000 of the amount appropriated under this heading
shall be transferred to, and merged
[[Page H10084]]
with, the Rural Utilities Service, High Energy Cost Grants
Account to provide grants authorized under section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as
authorized by sections 4, 305, 306, 313A, and 317 of the
Rural Electrification Act of 1936 (7 U.S.C. 904, 935, 936,
940c-1, and 940g) shall be made as follows: guaranteed rural
electric loans made pursuant to section 306 of that Act,
$2,167,000,000; cost of money direct loans made pursuant to
sections 4, notwithstanding the one-eighth of one percent in
4(c)(2), and 317, notwithstanding 317(c), of that Act,
$4,333,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $900,000,000; and for cost-of-money
rural telecommunications loans made pursuant to section
305(d)(2) of that Act, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction,
acquisition, design, engineering or improvement of fossil-
fueled electric generating plants (whether new or existing)
that utilize carbon subsurface utilization and storage
systems.
For the cost of direct loans as authorized by section
305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
935(d)(2)), including the cost of modifying loans, as defined
in section 502 of the Congressional Budget Act of 1974, cost
of money rural telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until
expended, to carry out section 6407 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That
the energy efficiency measures supported by the funding in
this paragraph shall contribute in a demonstrable way to the
reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be paid to the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$64,991,000, to remain available until expended, of which up
to $4,991,000 shall be for the purposes, and in the amounts,
specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That $3,000,000 shall be made available for grants authorized
by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided
under this heading for grants under section 379G of the
Consolidated Farm and Rural Development Act may only be
provided to entities that meet all of the eligibility
criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $3,000,000, to
remain available until expended: Provided, That the cost of
direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
under the Rural Electrification Act of 1936, as amended (7
U.S.C. 901 et seq.), $363,512,317, to remain available until
expended, of which up to $15,512,317 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award
grants described in section 601(a) of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 950bb(a))
for the purposes of carrying out such pilot program: Provided
further, That the cost of direct loans shall be defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That at least 90 percent of the households to be
served by a project receiving a loan or grant under the pilot
program shall be in a rural area without sufficient access to
broadband: Provided further, That for purposes of such pilot
program, a rural area without sufficient access to broadband
shall be defined as twenty-five megabits per second
downstream and three megabits per second upstream: Provided
further, That to the extent possible, projects receiving
funds provided under the pilot program must build out service
to at least one hundred megabits per second downstream, and
twenty megabits per second upstream: Provided further, That
an entity to which a loan or grant is made under the pilot
program shall not use the loan or grant to overbuild or
duplicate broadband service in a service area by any entity
that has received a broadband loan from the Rural Utilities
Service unless such service is not provided sufficient access
to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made
available in this paragraph can be used for administrative
costs to carry out the pilot program and up to three percent
of funds made available in this paragraph may be available
for technical assistance and pre-development planning
activities to support the most rural communities: Provided
further, That the Rural Utilities Service is directed to
expedite program delivery methods that would implement this
paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall adhere to the notice,
reporting and service area assessment requirements set forth
in section 701 of the Rural Electrification Act (7 U.S.C.
950cc).
In addition, $35,000,000, to remain available until
expended, for the Community Connect Grant Program authorized
by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $1,376,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $28,545,432,000 to
remain available through September 30, 2024, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$20,162,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended:
Provided further, That of the total amount available,
$14,000,000 shall remain available until expended to carry
out section 18(g) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)): Provided further, That
notwithstanding section 18(g)(3)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the
total grant amount provided to a farm to school grant
recipient in fiscal year 2023 shall not exceed $500,000:
Provided further, That of the total amount available,
$30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$40,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That of the total
amount available, $2,000,000 shall remain available until
expended to carry out activities authorized under subsections
(a)(2) and (e)(2) of section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1(a)(2) and
(e)(2)): Provided further, That of the total amount
available, $3,000,000 shall be available until September 30,
2024 to carry out section 23 of the Child Nutrition Act of
1966 (42 U.S.C. 1793), of which $1,000,000 shall be for
grants under such section to the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, and American Samoa: Provided
further, That section 26(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769g(d)) is amended in
the first sentence by striking ``2010 through 2023'' and
inserting ``2010 through 2024'': Provided further, That
section 9(h)(3) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first
sentence by striking ``For fiscal year 2022'' and inserting
``For fiscal year 2023'': Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(h)(4)) is amended in the first sentence by
striking ``For fiscal year 2022'' and inserting ``For fiscal
year 2023''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,000,000,000, to remain available through September 30,
2024: Provided, That notwithstanding section 17(h)(10) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less
than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000
shall be used for infrastructure: Provided further, That the
Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the
National Academies of Science, Engineering and Medicine and
adjusted for inflation: Provided further, That none of the
funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
[[Page H10085]]
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of
which $3,000,000,000, to remain available through September
30, 2025, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That of the funds made available under this heading,
$3,000,000, to remain available until September 30, 2024,
shall be used to carry out section 4003(b) of Public Law 115-
334 relating to demonstration projects for tribal
organizations: Provided further, That this appropriation
shall be subject to any work registration or workfare
requirements as may be required by law: Provided further,
That funds made available for Employment and Training under
this heading shall remain available through September 30,
2024: Provided further, That funds made available under this
heading for section 28(d)(1), section 4(b), and section 27(a)
of the Food and Nutrition Act of 2008 shall remain available
through September 30, 2024: Provided further, That none of
the funds made available under this heading may be obligated
or expended in contravention of section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183A): Provided
further, That funds made available under this heading may be
used to enter into contracts and employ staff to conduct
studies, evaluations, or to conduct activities related to
program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$457,710,000, to remain available through September 30, 2024:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2023 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2024: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $189,348,000: Provided, That of the funds
provided herein, $2,000,000 shall be used for the purposes of
section 4404 of Public Law 107-171, as amended by section
4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $932,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $237,330,000, of
which no more than 6 percent shall remain available until
September 30, 2024, for overseas operations to include the
payment of locally employed staff: Provided, That the Service
may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,750,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $243,331,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less
than $24,300,000, shall remain available until expended to
purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,063,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, which shall be transferred to and merged with
the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $6,562,793,000: Provided,
That of the amount provided under this heading,
$1,310,319,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to
this account and remain available until expended;
$324,777,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $582,500,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $41,600,000 shall be
derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to
this account and remain available until expended; $32,144,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j-12, and shall be credited to this account and
remain available until expended; $29,303,000 shall be derived
from generic new animal drug user fees authorized by 21
U.S.C. 379j-21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be
derived from tobacco product user fees authorized by 21
U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition
to and notwithstanding any other provision under this
heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user
fees, and generic new animal drug user fees that exceed the
respective fiscal year 2023 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and generic new
animal drug assessments for fiscal year 2023, including any
such fees collected prior to fiscal year 2023 but credited
for fiscal year 2023, shall be subject to the fiscal year
2023 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2023 of user fees specified
under this heading and authorized for fiscal year 2024, prior
to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2024 for which the Secretary accepts
payment in fiscal year 2023 shall not be included in amounts
under this heading: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$1,196,097,000 shall be for the Center for Food
[[Page H10086]]
Safety and Applied Nutrition and related field activities in
the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood
manufacturers and field examinations of imported seafood; (2)
$2,289,290,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $10,000,000 shall
be for pilots to increase unannounced foreign inspections and
shall remain available until expended; (3) $489,594,000 shall
be for the Center for Biologics Evaluation and Research and
for related field activities in the Office of Regulatory
Affairs; (4) $287,339,000 shall be for the Center for
Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $736,359,000 shall be for
the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs;
(6) $76,919,000 shall be for the National Center for
Toxicological Research; (7) $677,165,000 shall be for the
Center for Tobacco Products and for related field activities
in the Office of Regulatory Affairs; (8) $214,082,000 shall
be for Rent and Related activities, of which $55,893,000 is
for White Oak Consolidation, other than the amounts paid to
the General Services Administration for rent; (9)
$236,166,000 shall be for payments to the General Services
Administration for rent; and (10) $359,782,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Food Policy and Response, the
Office of Operations, the Office of the Chief Scientist, and
central services for these offices: Provided further, That
not to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further,
That any transfer of funds pursuant to, and for the
administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other
activities and shall not exceed $2,000,000: Provided further,
That of the amounts that are made available under this
heading for ``other activities'', and that are not derived
from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ``Department of Health and Human
Services--Office of Inspector General'' for oversight of the
programs and operations of the Food and Drug Administration
and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-
the-counter monograph drugs authorized by 21 U.S.C. 379j-72
shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $12,788,000, to remain
available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $50,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and
Human Services Food and Drug Administration Salaries and
Expenses'' solely for the purposes provided in such Act:
Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $88,500,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm
Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm
Credit Administration may exempt, an amount in its sole
discretion, from the application of the limitation provided
in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in
subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to
specific appropriations for this purpose, so long as the
total number of vehicles purchased in fiscal year 2023 does
not exceed the number of vehicles owned or leased in fiscal
year 2018: Provided, That, prior to purchasing additional
motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce
operational costs, and for the protection of life, property,
and public safety: Provided further, That the Secretary may
not increase the Department of Agriculture's fleet above the
2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of
both Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of property,
plant and equipment and for the improvement, delivery, and
implementation of Department financial, and administrative
information technology services, and other support systems
necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the
Department of Agriculture, such transferred funds to remain
available until expended: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital
Fund shall be available for obligation or expenditure to make
any changes to the Department's National Finance Center
without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as
required by section 716 of this Act: Provided further, That
none of the funds appropriated by this Act or made available
to the Department's Working Capital Fund shall be available
for obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, personnel, or functions of the offices of
the Chief Financial Officer and the Chief Information
Officer, co-located with or from the National Finance Center
prior to written notification to and prior approval of the
Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 716 of this Act:
Provided further, That the National Finance Center
Information Technology Services Division personnel and data
center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll
systems (PPS) and functions provided by the Chief Financial
Officer and the Chief Information Officer shall remain in the
National Finance Center and under the management
responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[[Page H10087]]
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That notwithstanding section 11319 of title 40, United States
Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information Officer
may authorize an agency to obligate funds without written
approval from the Chief Information Officer for projects,
contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance
plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility
that is eligible to receive an insured or direct loan under
such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under
such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2024, for information technology
expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,483,309,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000; Administration of section
32 Commodity Purchases--$37,178,000: Provided, That, of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2023, such
unobligated balances shall carryover into fiscal year 2024
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
[[Page H10088]]
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with ten or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be
used to transmit or otherwise make available reports,
questions, or responses to questions that are a result of
information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of
Health and Human Services, or non-Farm Credit Administration
employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 724. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation
of Departmental financial management, information technology,
and other support systems necessary for the delivery of
financial, administrative, and information technology
services, including cloud adoption and migration, of primary
benefit to the agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category
exceeds the number of such items in each staple food category
included in the final rule as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 727. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United
States Department of Agriculture to propose, finalize or
implement any regulation that would promulgate new user fees
pursuant to 31 U.S.C. 9701 after the date of the enactment of
this Act.
Sec. 729. Of the unobligated balances from amounts made
available for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $315,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 730. Notwithstanding any provision of law that
regulates the calculation and payment of overtime and holiday
pay for FSIS inspectors, the Secretary may charge
establishments subject to the inspection requirements of the
Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the
Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the
Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for the
cost of inspection services provided outside of an
establishment's approved inspection shifts, and for
inspection services provided on Federal holidays: Provided,
That any sums charged pursuant to this paragraph shall be
deemed as overtime pay or holiday pay under section 1001(d)
of the American Rescue Plan Act of 2021 (Public Law 117-2,
135 Stat. 242): Provided further, That sums received by the
Secretary under this paragraph shall, in addition to other
available funds, remain available until expended to the
Secretary without further appropriation for the purpose of
funding all costs associated with FSIS inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 732. In this fiscal year and thereafter, and
notwithstanding any other provision of law, none of the funds
made available by this Act may be used to implement section
3.7(f) of the Farm Credit Act of 1971 in a manner
inconsistent with section 343(a)(13) of the Consolidated Farm
and Rural Development Act.
Sec. 733. In this fiscal year and thereafter, and
notwithstanding any other provision of law, none of the funds
made available by this Act may be used to carry out any
activities or incur any expense related to the issuance of
licenses under section 3 of the Animal Welfare Act (7 U.S.C.
2133), or the renewal of such licenses, to class B dealers
who sell Random Source dogs and cats for use in research,
experiments, teaching, or testing.
Sec. 734. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary
[[Page H10089]]
or the designee concerning the request, and shall allow for
informal public input on the request for at least 15 days
prior to making a finding based on the request. The Secretary
or the designee shall make the request and accompanying
information available by electronic means, including on the
official public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each Federally
recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Business-
Cooperative Service--Rural Microentrepreneur Assistance
Program''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the
United States: Provided further, That with respect to
specific activities for which program levels have been made
available by this Act that are not supported by budget
authority, the requirements of this section shall be applied
to such program level.
Sec. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest,
pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 739. There is hereby appropriated $5,000,000, to
remain available until September 30, 2024, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 740. For school years 2022-2023 and 2023-2024, none
of the funds made available by this Act may be used to
implement or enforce the matter following the first comma in
the second sentence of footnote (c) of section 220.8(c) of
title 7, Code of Federal Regulations, with respect to the
substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the
Agricultural Act of 2014 or subtitle G of the Agricultural
Marketing Act of 1946, within or outside the State in which
the hemp is grown or cultivated.
Sec. 742. There is hereby appropriated $3,000,000, to
remain available until expended, for grants under section
12502 of Public Law 115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115-334.
Sec. 744. The Secretary of Agriculture may waive the
matching funds requirement under section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 745. There is hereby appropriated $2,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 746. There is hereby appropriated $4,000,000, to
carry out section 4208 of Public Law 115-334, including for
project locations in additional regions.
Sec. 747. There is hereby appropriated $4,000,000 to carry
out section 12301 of Public Law 115-334, Farming
Opportunities Training and Outreach.
Sec. 748. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 749. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 750. In this fiscal year and thereafter, and
notwithstanding any other provision of law, ARS facilities as
described in the ``Memorandum of Understanding Between the
U.S. Department of Agriculture Animal and Plant Health
Inspection Service (APHIS) and the U.S. Department of
Agriculture Agricultural Research Service (ARS) Concerning
Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal
Welfare Act and its regulations and standards.
Sec. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 752. For school year 2023-2024, only a school food
authority that had a negative balance in the nonprofit school
food service account as of June 30, 2022, shall be required
to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(p)).
Sec. 753. There is hereby appropriated $2,000,000, to
remain available until expended, for the Secretary of
Agriculture to carry out a pilot program that assists rural
hospitals to improve long-term operations and financial
health by providing technical assistance through analysis of
current hospital management practices.
Sec. 754. Any funds made available by this or any other
Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment
research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture
for purposes of making such grants.
Sec. 755. There is hereby appropriated $400,000 to carry
out section 1672(g)(4)(B) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4)(B))
as amended by section 7209 of Public Law 115-334.
Sec. 756. Hereafter, none of the funds made available by
this Act or any other Act, may be used to pay the salaries or
expenses of personnel to implement any activities related to
the permitting of non-recording of observed violations of the
Animal Welfare Act or its regulations on official inspection
reports.
Sec. 757. For necessary expenses associated with cotton
classing activities pursuant to 7 U.S.C. 55, to include
equipment and facility upgrades, and in addition to any other
funds made available for this purpose, there is appropriated
$4,000,000, to remain available until September 30, 2024:
Provided, That amounts made available in this section shall
be treated as funds collected by fees authorized under Mar.
4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C.
55).
Sec. 758. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used
to move any staff office or any agency from the mission area
in which it
[[Page H10090]]
was located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment
of specific legislation affirming such move.
Sec. 759. The Secretary, acting through the Chief of the
Natural Resources Conservation Service, may use funds
appropriated under this Act or any other Act for the
Watershed and Flood Prevention Operations Program and the
Watershed Rehabilitation Program carried out pursuant to the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.), and for the Emergency Watershed Protection Program
carried out pursuant to section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to provide technical
services for such programs pursuant to section 1252(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
Sec. 760. In administering the pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary
of Agriculture may, for purposes of determining entities
eligible to receive assistance, consider those communities
which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the
heading ``Distance Learning, Telemedicine, and Broadband
Program'' for the purposes of the pilot program established
by section 779 of Public Law 115-141 may be used for this
purpose.
Sec. 761. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 762. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $4,000,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 763. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than September 30, 2023, and
following the review required under Executive Order No. 12866
(5 U.S.C. 601 note; relating to regulatory planning and
review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish,
From the Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 764. There is hereby appropriated $5,000,000, to
remain available until expended, to carry out section 2103 of
Public Law 115-334: Provided, That the Secretary shall
prioritize the wetland compliance needs of areas with
significant numbers of individual wetlands, wetland acres,
and conservation compliance requests.
Sec. 765. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved
prior to the effective date of the National Bioengineered
Food Disclosure Standard (February 19, 2019) shall include
the words ``genetically engineered'' prior to the existing
acceptable market name.
Sec. 766. There is appropriated to the Department of
Agriculture, for an additional amount for ``Agricultural
Programs--Processing, Research, and Marketing--Office of the
Secretary'', $5,000,000, which shall remain available until
expended, for necessary expenses, under such terms and
conditions determined by the Secretary, related to testing
soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an
agricultural producer, assisting agricultural producers
affected by PFAS contamination with costs related to mitigate
the impacts to their operation that have resulted from such
contamination and indemnifying agricultural producers for the
value of unmarketable crops, livestock, and other
agricultural products related to PFAS contamination:
Provided, That the Secretary shall prioritize such assistance
to agricultural producers in states and territories that have
established a tolerance threshold for PFAS in a food or
agricultural product: Provided further, That, not later than
90 days after the end of fiscal year 2023, the Secretary
shall submit a report to the Congress specifying the type,
amount, and method of such assistance by state and territory
and the status of the amounts obligated and plans for further
expenditure, and include improvements that can be made to
U.S. Department of Agriculture programs, either
administratively or legislatively, to increase support for
agricultural producers impacted by PFAS contamination and to
enhance scientific knowledge on PFAS uptake in crops and
livestock and PFAS mitigation and remediation methods and
disseminate such knowledge to agricultural producers.
Sec. 767. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2023, an
amount of funds made available in title III under the
headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance
Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program
Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to
funds provided under such headings in the most recent fiscal
year any such funds were obligated under such headings for
REAP Zones.
Sec. 768. There is hereby appropriated $500,000 to carry
out the duties of the working group established under section
770 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2019
(Public Law 116-6; 133 Stat. 89).
Sec. 769. For an additional amount for the Office of the
Secretary, $15,000,000, to remain available until expended,
to continue the Institute for Rural Partnerships as
established in section 778 of Public Law 117-103: Provided,
That the Institute for Rural Partnerships shall continue to
dedicate resources to researching the causes and conditions
of challenges facing rural areas, and develop community
partnerships to address such challenges: Provided further,
That administrative or other fees shall not exceed one
percent: Provided further, That such partnership shall
coordinate and publish an annual report.
Sec. 770. Of the unobligated balances from prior year
appropriations made available under the heading ``Farm
Service Agency--Agricultural Credit Insurance Fund Program
Account'', $73,000,000 are hereby rescinded.
Sec. 771. In addition to the amount of reimbursement for
administrative and operating expenses available for crop
insurance contracts described in subsection (a)(2)(F) of
section III of the 2023 Standard Reinsurance Agreement (SRA)
that cover agricultural commodities described in section 101
of title I of the Specialty Crops Competitiveness Act of 2004
(7 U.S.C. 1621 note), there is hereby appropriated
$25,000,000, to remain available until expended, to pay, with
respect to such contracts for the 2021 reinsurance year, an
amount that is equal to the difference between the amount to
be paid pursuant to the SRA for the applicable reinsurance
year and the amount that would be paid if such contracts were
not subject to a reduction described in subsection (a)(2)(G)
of section III of the SRA but subject to a reimbursement rate
equal to 17.5 percent of the net book premium.
Sec. 772. For an additional amount for the ``Office of the
Secretary'', $1,300,000, to remain available until expended,
for the Secretary, in consultation with the Secretary of the
Department of Health and Human Services, to enter into an
agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study of the eight
topics and scientific questions related to alcohol previously
published by USDA and HHS and other relevant topics:
Provided, That the panel or panels established by the
National Academies Sciences, Engineering, and Medicine to
conduct the study shall operate in a fully transparent manner
and include a balanced representation of individuals who have
expertise in the health effects of alcohol consumption, are
unbiased, and are free from conflicts of interests: Provided
further, That the findings and recommendations of the study
shall be based on the preponderance of the scientific and
medical knowledge consistent with section 5341 of title 7 of
United States Code: Provided further, That not later than
eighteen months after the date of enactment of this Act, the
National Academies of Sciences, Engineering, and Medicine
shall submit its report to the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Congress of
its systematic review and data analysis of the eight research
topics: Provided further, That the Secretary of Agriculture
shall ensure that the 2025 Dietary Guidelines for Americans
process includes a recommendation for alcohol and shall be
based on the preponderance of scientific and medical
knowledge consistent with section 5341 of title 7 of United
States Code: Provided further, That the Secretary of
Agriculture shall ensure the process is fully transparent and
includes a balanced representation of individuals who are
unbiased and free from conflicts of interest.
Sec. 773. The Secretary, as part of the report on foreign
landholding required under the Agricultural Foreign
Investment Disclosure Act (Public Law 95-460), shall report
to Congress on foreign investments in agricultural land in
the United States, including the impact foreign ownership has
on family farms, rural communities, and the domestic food
supply: Provided, That within 3 years after the enactment of
this Act, the Secretary shall establish a streamlined process
for electronic submission and retention of disclosures made
under the Agricultural Foreign Investment Disclosure Act,
including an internet database that contains disaggregated
data from each disclosure submitted: Provided further, That
all prior year disclosures of foreign investments in
agricultural land in the United States are published in the
database: Provided further, That the plan includes a process
to ensure the protection of personally identifiable
information and that all disclosures of foreign investments
in agricultural land on the USDA website be disaggregated by:
(1) in any case in which such foreign person is an
individual, the citizenship of such foreign person; and (2)
in any case in which such foreign person is not an individual
or a government, the nature of the legal entity holding the
interest, the country in which such foreign person is created
or organized, and the principal place of business of such
foreign person.
Sec. 774. Notwithstanding any other provision of law, the
common name ``Kanpachi'' shall serve as an acceptable market
name under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) for labeling and marketing of ocean-
farmed Seriola rivoliana.
Sec. 775. In this or any subsequent fiscal year, the
Secretary of Homeland Security shall transfer to the
Secretary of Agriculture the operation of and all property
required to operate the National Bio- and Agro-Defense
Facility in Manhattan, Kansas: Provided, That, such transfer
of function shall include the transfer of up to 40
[[Page H10091]]
full time equivalent positions, to be completed within 120
days of the effective date of the transfer of function, as
jointly determined by the Secretaries.
Sec. 776. (a) Section 260 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1636i) is amended by striking ``2022'' and
inserting ``2023''.
(b) Section 942 of the Livestock Mandatory Reporting Act of
1999 (7 U.S.C. 1635 note; Public Law 106-78) is amended by
striking ``2022'' and inserting ``2023''.
Sec. 777. Section 18(g) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)) is amended by striking
``Access to Local Foods: Farm to School Program.'' and
inserting ``Access to Local Foods: Patrick Leahy Farm to
School Program''.
Sec. 778. Notwithstanding 7 U.S.C. 1991(a)(13), the
Secretary shall consider a city or town to be a rural area
for the purposes of eligibility for a guaranteed loan funded
through the Rural Community Facilities Program Account if the
project to be funded received a prior loan from such account
in fiscal year 2021.
Sec. 779. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 742 of
division A of Public Law 113-235, $150,000,000 are hereby
rescinded not later than September 30, 2023.
Sec. 780. Funds made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the ``Rural
Community Facilities Program Account'' under section 306 of
the Consolidated Farm and Rural Development Act, 7 U.S.C.
1926, for the principal amount of direct loans are to remain
available through fiscal year 2028 for the liquidation of
valid obligations incurred in fiscal year 2018.
Sec. 781. Of the unobligated balances from amounts made
available to carry out section 749(g) of the Agricultural
Appropriations Act of 2010 (Public Law 111-80), $80,000,000
are hereby rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2023''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, to carry
out activities associated with facilitating, attracting, and
retaining business investment in the United States, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; not to exceed
$325,000 for purchase of armored vehicles without regard to
the general purchase price limitations; obtaining insurance
on official motor vehicles; and rental of tie lines,
$625,000,000, of which $85,000,000 shall remain available
until September 30, 2024: Provided, That $12,000,000 is to be
derived from fees to be retained and used by the
International Trade Administration, notwithstanding section
3302 of title 31, United States Code: Provided further, That,
of amounts provided under this heading, not less than
$16,400,000 shall be for China antidumping and countervailing
duty enforcement and compliance activities: Provided further,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities; and that for
the purpose of this Act, contributions under the provisions
of the Mutual Educational and Cultural Exchange Act of 1961
shall include payment for assessments for services provided
as part of these activities: Provided further, That, of
amounts provided under this heading, up to $3,000,000, to
remain available until expended, shall be for the purpose of
carrying out a pilot fellowship program of the United States
Commercial Service under which the Secretary of Commerce may
make competitive grants to appropriate institutions of higher
education or students to increase the level of knowledge and
awareness of, and interest in employment with, that Service
among minority students: Provided further, That any grants
awarded under such program shall be made pursuant to
regulations to be prescribed by the Secretary, which shall
require as a condition of the initial receipt of grant funds,
a commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International
Trade Administration upon the completion of participation in
the program.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Control Reform Act of 2018 (subtitle B of title
XVII of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50
U.S.C. 4801 et seq.), and as authorized by section 1(b) of
the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b));
and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law,
$191,000,000, of which $76,000,000 shall remain available
until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering
the cost of such activities, and for providing information to
the public with respect to the export administration and
national security activities of the Department of Commerce
and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
sections 27, 28, 29, and 30 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722, 3722a,
3722b, and 3723), as amended, $430,000,000 to remain
available until expended, of which $50,000,000 shall be for
grants under section 27, $41,000,000 shall be for grants
under section 28, $41,000,000 shall be for grants under
section 29 in amounts determined by the Secretary, and
$2,500,000 shall be for grants under section 30: Provided,
That any deviation from the amounts designated for specific
activities in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided
under this heading in previous years, shall be subject to the
procedures set forth in section 505 of this Act.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$68,000,000: Provided, That funds provided under this heading
may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976; title II of the
Trade Act of 1974; sections 27 through 30 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722-
3723), as amended; and the Community Emergency Drought Relief
Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Minority Business Development
Agency in fostering, promoting, and developing minority
business enterprises, as authorized by law, $70,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $130,000,000, to remain available until September
30, 2024.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $330,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics for periodic
censuses and programs provided for by law, $1,155,000,000, to
remain available until September 30, 2024: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $62,000,000, to remain available until September 30,
2024: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government
[[Page H10092]]
agencies for all costs incurred in telecommunications
research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in
furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall
remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$4,253,404,000, to remain available until expended: Provided,
That the sum herein appropriated from the general fund shall
be reduced as offsetting collections of fees and surcharges
assessed and collected by the USPTO under any law are
received during fiscal year 2023, so as to result in a fiscal
year 2023 appropriation from the general fund estimated at
$0: Provided further, That during fiscal year 2023, should
the total amount of such offsetting collections be less than
$4,253,404,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$4,253,404,000 in fiscal year 2023 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available
until expended: Provided further, That the Director of USPTO
shall submit a spending plan to the Committees on
Appropriations of the House of Representatives and the Senate
for any amounts made available by the preceding proviso and
such spending plan shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
any amounts reprogrammed in accordance with the preceding
proviso shall be transferred to the United States Patent and
Trademark Office ``Salaries and Expenses'' account: Provided
further, That the budget of the President submitted for
fiscal year 2024 under section 1105 of title 31, United
States Code, shall include within amounts provided under this
heading for necessary expenses of the USPTO any increases
that are expected to result from an increase promulgated
through rule or regulation in offsetting collections of fees
and surcharges assessed and collected by the USPTO under any
law in either fiscal year 2023 or fiscal year 2024: Provided
further, That from amounts provided herein, not to exceed
$13,500 shall be made available in fiscal year 2023 for
official reception and representation expenses: Provided
further, That in fiscal year 2023 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the
amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the Employees FEHB Fund, as
appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any
differences between the present value factors published in
OPM's yearly 300 series benefit letters and the factors that
OPM provides for USPTO's specific use shall be recognized as
an imputed cost on USPTO's financial statements, where
applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to
section 42(c) of title 35, United States Code, as amended by
section 22 of the Leahy-Smith America Invents Act (Public Law
112-29): Provided further, That within the amounts
appropriated, $2,450,000 shall be transferred to the ``Office
of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $953,000,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'': Provided,
That of the amounts appropriated under this heading,
$62,532,000 shall be used for the projects, and in the
amounts, specified in the table immediately following the
paragraph ``NIST STRS Community Project Funding/NIST External
Projects'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided further, That the amounts made available for
the projects referenced in the preceding proviso may not be
transferred for any other purpose: Provided further, That not
to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That NIST may
provide local transportation for summer undergraduate
research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which
$175,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $37,000,000 shall be for
the Manufacturing USA Program.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $462,285,000, to remain available until expended:
Provided, That of the amounts appropriated under this
heading, $332,285,000 shall be used for the projects, and in
the amounts, specified in the table immediately following the
paragraph ``NIST Construction Community Project Funding/NIST
Extramural Construction'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That up to one
percent of amounts made available for the projects referenced
in the preceding proviso may be used for the administrative
costs of such projects: Provided further, That the Director
of the National Institute of Standards and Technology shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending
plan shall be treated as a reprogramming under section 505 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section: Provided further, That the Secretary
of Commerce shall include in the budget justification
materials for fiscal year 2024 that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; pilot programs for State-led fisheries management,
notwithstanding any other provision of law; grants,
contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities, $4,500,997,000, to
remain available until September 30, 2024: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding section 3302 of title 31, United
States Code: Provided further, That in addition, $344,901,000
shall be derived by transfer from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for fishery
activities related to the Saltonstall-Kennedy Grant Program;
Fisheries Data Collections, Surveys, and Assessments;
Observers and Training; Fisheries Management Programs and
Services; and Interjurisdictional Fisheries Grants: Provided
further, That not to exceed $71,299,000 shall be for payment
to the ``Department of Commerce Working Capital Fund'':
Provided further, That of the $4,868,898,000 provided for in
direct obligations under this heading, $4,500,997,000 is
appropriated from the general fund, $344,901,000 is provided
by transfer, and $23,000,000 is derived from recoveries of
prior year obligations: Provided further, That of the amounts
appropriated under this heading, $111,465,000 shall be used
for the projects, and in the amounts, specified in the table
immediately following the paragraph ``NOAA Community Project
Funding/NOAA Special Projects'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the amounts
made available for the projects referenced in the preceding
proviso may not be transferred for any other purpose:
Provided further, That any deviation from the amounts
designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,653,630,000, to remain available until September 30, 2025,
except
[[Page H10093]]
that funds provided for acquisition and construction of
vessels and aircraft, and construction of facilities shall
remain available until expended: Provided, That of the
$1,666,630,000 provided for in direct obligations under this
heading, $1,653,630,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification
materials for fiscal year 2024 that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Oceanic and Atmospheric Administration procurement,
acquisition or construction project having a total of more
than $5,000,000 and simultaneously the budget justification
shall include an estimate of the budgetary requirements for
each such project for each of the 5 subsequent fiscal years.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2024: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the federally recognized
Tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of Tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fisheries disaster assistance
For necessary expenses of administering the fishery
disaster assistance programs authorized by the Magnuson-
Stevens Fishery Conservation and Management Act (Public Law
94-265) and the Interjurisdictional Fisheries Act (title III
of Public Law 99-659), $300,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2023, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$95,000,000: Provided, That no employee of the Department of
Commerce may be detailed or assigned from a bureau or office
funded by this Act or any other Act to offices within the
Office of the Secretary of the Department of Commerce for
more than 180 days in a fiscal year unless the individual's
employing bureau or office is fully reimbursed for the salary
and expenses of the employee for the entire period of
assignment using funds provided under this heading: Provided
further, That amounts made available to the Department of
Commerce in this or any prior Act may not be transferred
pursuant to section 508 of this or any prior Act to the
account funded under this heading, except in the case of
extraordinary circumstances that threaten life or property.
renovation and modernization
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,142,000.
nonrecurring expenses fund
For necessary expenses for technology modernization
projects and cybersecurity risk mitigation of the Department
of Commerce, $35,000,000, to remain available until September
30, 2025: Provided, That amounts made available under this
heading are in addition to such other funds as may be
available for such purposes: Provided further, That any
unobligated balances of expired discretionary funds
transferred to the Department of Commerce Nonrecurring
Expenses Fund, as authorized by section 111 of title I of
division B of Public Law 116-93, may be obligated only after
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of the planned use of funds.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $48,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2023: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000, the life
cycle cost of the Polar Follow On Program is $6,837,900,000,
the life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $11,700,100,000,
and the life cycle cost for the Space Weather Follow On
Program is $692,800,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security
services) necessary to support the operation, maintenance,
and improvement of space that persons, firms, or
organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to
use or occupy in the Herbert C. Hoover Building, Washington,
DC, or other buildings, the maintenance, operation, and
protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian Tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, Tribal government,
Territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2024, for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the
[[Page H10094]]
programs of the Economics and Statistics Administration of
the Department of Commerce, including amounts provided for
programs of the Bureau of Economic Analysis and the Bureau of
the Census, shall be available for expenses of cooperative
agreements with appropriate entities, including any Federal,
State, or local governmental unit, or institution of higher
education, to aid and promote statistical, research, and
methodology activities which further the purposes for which
such amounts have been made available.
Sec. 111. Amounts provided by this Act for the Hollings
Manufacturing Extension Partnership under the heading
``National Institute of Standards and Technology--Industrial
Technology Services'' shall not be subject to cost share
requirements under 15 U.S.C. 278k(e)(2): Provided, That the
authority made available pursuant to this section shall be
elective, in whole or in part, for any Manufacturing
Extension Partnership Center that also receives funding from
a State that is conditioned upon the application of a Federal
cost sharing requirement.
Sec. 112. The Secretary of Commerce, or the designee of
the Secretary, may waive--
(1) in whole or in part, the matching requirements under
sections 306 and 306A, and the cost sharing requirements
under section 315, of the Coastal Zone Management Act of 1972
(16 U.S.C. 1455, 1455a, and 1461) as necessary at the request
of the grant applicant, for amounts made available under this
Act under the heading ``Operations, Research, and
Facilities'' under the heading ``National Oceanic and
Atmospheric Administration''; and
(2) up to 50 percent of the matching requirements under
sections 306 and 306A, and the cost sharing requirements
under section 315, of the Coastal Zone Management Act of 1972
(16 U.S.C. 1455, 1455a, and 1461) as necessary at the request
of the grant applicant, for amounts made available under this
Act under the heading ``Procurement, Acquisition and
Construction'' under the heading ``National Oceanic and
Atmospheric Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $145,000,000, of which $4,000,000
shall remain available until September 30, 2024, and of which
not to exceed $4,000,000 for security and construction of
Department of Justice facilities shall remain available until
expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $138,000,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act: Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Executive Office for Immigration Review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $860,000,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than
$29,000,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That not
to exceed $50,000,000 of the total amount made available
under this heading shall remain available until September 30,
2027, for build-out and modifications of courtroom space.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character: Provided,
That not to exceed $4,000,000 shall remain available until
September 30, 2024.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $14,591,000: Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $1,138,000,000, of which not to exceed $50,000,000
for litigation support contracts and information technology
projects, including cybersecurity and hardening of critical
networks, shall remain available until expended: Provided,
That of the amount provided for INTERPOL Washington dues
payments, not to exceed $685,000 shall remain available until
expended: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation
expenses: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to the
Criminal Division for official reception and representation
expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the
Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided
under this heading for the election monitoring program,
$3,390,000 shall remain available until expended: Provided
further, That any funds provided under this heading in prior
year appropriations Acts that remain available to the Civil
Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) may also be used to
carry out any authorized purposes of the Civil Rights
Division: Provided further, That amounts repurposed by the
preceding proviso may not be used to increase the number of
permanent positions.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986,
$31,738,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund and to remain available until
expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $225,000,000, to remain available until
expended, of which not to exceed $5,000 shall be available
for official reception and representation expenses: Provided,
That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection (and estimated to
be $190,000,000 in fiscal year 2023), shall be retained and
used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2023, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at $35,000,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,632,000,000: Provided, That of the total
amount appropriated, not to exceed $19,600 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $40,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $255,000,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, deposits of discretionary offsetting
collections to the United States Trustee System Fund and
amounts herein appropriated shall be available in such
amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision
of law, fees deposited into the Fund as discretionary
offsetting collections pursuant to section 589a of title 28,
United States Code (as limited by section 589a(f)(2) of title
28, United States Code), shall be retained and used for
necessary expenses in this appropriation and shall remain
available until expended: Provided further, That to the
extent that fees deposited into the Fund as discretionary
offsetting collections in fiscal year 2023, net of amounts
necessary to pay refunds due depositors, exceed $255,000,000,
those excess amounts shall be available in future fiscal
years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2023, net of
amounts necessary to pay refunds due depositors, (estimated
at $269,000,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts
deposited in the Fund as discretionary offsetting collections
in previous fiscal years that are not otherwise appropriated,
so as to result in a final fiscal year 2023 appropriation
from the general fund estimated at $0.
[[Page H10095]]
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,504,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $35,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses: Provided, That amounts made
available under this heading may not be transferred pursuant
to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$25,024,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,705,000,000, of which not to exceed $20,000 shall
be available for official reception and representation
expenses, and not to exceed $25,000,000 shall remain
available until expended.
construction
For construction in space that is controlled, occupied, or
utilized by the United States Marshals Service for prisoner
holding and related support, $18,000,000, to remain available
until expended.
federal prisoner detention
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$2,129,789,000, to remain available until expended: Provided,
That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to section 4013(b) of title 18, United States Code:
Provided further, That the United States Marshals Service
shall be responsible for managing the Justice Prisoner and
Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $133,512,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $550,458,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $10,676,000,000, of
which not to exceed $216,900,000 shall remain available until
expended: Provided, That not to exceed $284,000 shall be
available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities, and
sites by purchase, or as otherwise authorized by law;
conversion, modification, and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $651,895,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,563,116,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses: Provided,
That, notwithstanding section 3672 of Public Law 106-310, up
to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public
entities, and multi-jurisdictional or regional consortia
thereof for expenses incurred to clean up and safely dispose
of substances associated with clandestine methamphetamine
laboratories, conversion and extraction operations, tableting
operations, or laboratories and processing operations for
fentanyl and fentanyl-related substances which may present a
danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,672,000,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations
for relief from Federal firearms disabilities under section
925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of
the Bureau of Alcohol, Tobacco, Firearms and Explosives to
other agencies or Departments.
construction
For necessary expenses related to construction of
laboratory facilities, to include the cost of equipment,
furniture, and information technology requirements;
construction or acquisition of buildings, facilities, and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; and preliminary planning and design of projects;
$75,000,000, to remain available until expended.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $8,392,588,000: Provided, That not
less than $409,483,000 shall be for the programs and
activities authorized by the First Step Act of 2018 (Public
Law 115-391), of which not less than 2 percent shall be
transferred to and merged with the appropriation for ``Office
of Justice Programs--Research, Evaluation and Statistics''
for the National Institute of Justice to carry out
evaluations of programs and activities related to the First
Step Act of 2018: Provided further, That the Attorney General
may transfer to the Department of Health and Human Services
such amounts as may be necessary for direct expenditures by
that Department for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal
[[Page H10096]]
Prison System: Provided further, That not to exceed $5,400
shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000
shall remain available until expended for necessary
operations: Provided further, That, of the amounts provided
for contract confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal
Prison System may accept donated property and services
relating to the operation of the prison card program from a
not-for-profit entity which has operated such program in the
past, notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal
Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $108,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the
1968 Act''); title II of the Civil Rights Act of 1968
(commonly known as the ``Indian Civil Rights Act of 1968'')
(Public Law 90-284) (``the Indian Civil Rights Act''); the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322) (``the 1994 Act''); the Victims of Child Abuse
Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (34 U.S.C. 11101 et seq.) (``the 1974 Act''); the
Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386) (``the 2000 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the
2013 Act''); the Justice for Victims of Trafficking Act of
2015 (Public Law 114-22) (``the 2015 Act''); and the Abolish
Human Trafficking Act (Public Law 115-392); and the Violence
Against Women Act Reauthorization Act of 2022 (division W of
Public Law 117-103) (``the 2022 Act''); and for related
victims services, $700,000,000, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided--
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as
authorized by section 5903 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023: Provided,
That $10,000,000 shall be for any such increases under such
section 5903, which shall apply to fiscal year 2023 grants
funded by amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation,
and statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence, of
which $3,500,000 is to engage men and youth in preventing
domestic violence, dating violence, sexual assault, and
stalking: Provided, That unobligated balances available for
the programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided further,
That the definitions and grant conditions in section 40002 of
the 1994 Act shall apply to this program;
(5) $60,500,000 is for grants to improve the criminal
justice response as authorized by part U of title I the 1968
Act, of which $4,000,000 is for a homicide reduction
initiative; up to $4,000,000 is for a domestic violence
lethality reduction initiative; $8,000,000 is for an
initiative to promote effective policing and prosecution
responses to domestic violence, dating violence, sexual
assault, and stalking, including evaluation of the
effectiveness of funded interventions (``Policing and
Prosecution Initiative''); and $1,000,000 is for an
initiative to enhance prosecution and investigation of online
abuse and harassment (``Prosecution and Investigation of
Online Abuse Initiative''): Provided, That subsections (c)
and (d) of section 2101 of the 1968 Act shall not apply to
the Policing and Prosecution Initiative or the Prosecution
and Investigation of Online Abuse Initiative;
(6) $78,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act, of which $12,500,000 is for grants to Historically
Black Colleges and Universities, Hispanic-Serving
Institutions, and Tribal colleges and universities;
(9) $55,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ``Research, Evaluation and Statistics'' for administration
by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal
Governments in exercising special Tribal criminal
jurisdiction, as authorized by section 204 of the Indian
Civil Rights Act: Provided, That the grant conditions in
section 40002(b) of the 1994 Act shall apply to grants made;
(17) $2,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program to support
restorative justice responses to domestic violence, dating
violence, sexual assault, and stalking, including evaluations
of those responses: Provided, That the definitions and grant
conditions in section 109 of the 2022 Act, shall apply to
this program;
(19) $11,000,000 is for culturally specific services for
victims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-
designation of tribal prosecutors as Tribal Special Assistant
United States Attorneys: Provided, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply
to this initiative;
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and
stalking, including through the provision of technical
assistance, as authorized by section 206 of the 2022 Act:
Provided, That the definitions and grant conditions in
section 40002 of the 1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services to
underserved populations, as authorized by section 120 of the
2005 Act;
[[Page H10097]]
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the
effectiveness of funded projects: Provided, That the
definitions and grant conditions in section 40002 of the 1994
Act shall apply to this initiative;
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and
evaluation activities, as authorized by section 41701 of the
1994 Act; and
(26) $1,500,000 is for a pilot program to improve victim
services on college campuses.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322) (``the 1994 Act''); the Juvenile Justice and
Delinquency Prevention Act of 1974 (``the 1974 Act''); the
Missing Children's Assistance Act (34 U.S.C. 11291 et seq.);
the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21) (``the PROTECT Act''); the Justice for All Act of 2004
(Public Law 108-405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Victims of Child Abuse Act
of 1990 (Public Law 101-647); the Second Chance Act of 2007
(Public Law 110-199); the Victims of Crime Act of 1984
(Public Law 98-473); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); subtitle C of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); the Prison Rape
Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
NICS Improvement Amendments Act of 2007 (Public Law 110-180);
the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198); the
First Step Act of 2018 (Public Law 115-391); and other
programs, $77,000,000, to remain available until expended, of
which--
(1) $42,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act; and
(2) $35,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle C of title II
of the 2002 Act, and for activities authorized by or
consistent with the First Step Act of 2018, of which
$7,500,000 is for research targeted toward developing a
better understanding of the domestic radicalization
phenomenon, and advancing evidence-based strategies for
effective intervention and prevention; $1,000,000 is for
research to study the root causes of school violence to
include the impact and effectiveness of grants made under the
STOP School Violence Act of 2018 (title V of division S of
Public Law 115-141); $1,000,000 is for research on violence
against American Indians and Alaska Natives or otherwise
affecting indigenous communities, in connection with
extractive industry activities; $1,000,000 is for research on
gun violence prevention; $1,000,000 is for surveys on the
campus sexual assault climate; $1,200,000 is for a study on
certain school-based crimes; and $1,000,000 is for a study on
law enforcement and community agency responses to opioid
overdoses.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (Public Law 90-351) (``the 1968 Act''); the Justice for
All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act'');
the Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164) (``the TVPRA of 2005''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248) (``the Adam Walsh Act''); the
Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386) (``the Victims of Trafficking Act'');
the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); subtitle C of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); the Prison Rape
Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
Second Chance Act of 2007 (Public Law 110-199); the
Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (Public Law 110-403); the Victims of
Crime Act of 1984 (Public Law 98-473); the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence
Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery
Act of 2016 (Public Law 114-198) (``CARA''); the Justice for
All Reauthorization Act of 2016 (Public Law 114-324); Kevin
and Avonte's Law (division Q of Public Law 115-141) (``Kevin
and Avonte's Law''); the Keep Young Athletes Safe Act of 2018
(title III of division S of Public Law 115-141) (``the Keep
Young Athletes Safe Act''); the STOP School Violence Act of
2018 (title V of division S of Public Law 115-141) (``the
STOP School Violence Act''); the Fix NICS Act of 2018 (title
VI of division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185); the SUPPORT for Patients and Communities Act
(Public Law 115-271); the Second Chance Reauthorization Act
of 2018 (Public Law 115-391); the Matthew Shepard and James
Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-84); the
Ashanti Alert Act of 2018 (Public Law 115-401); the Missing
Persons and Unidentified Remains Act of 2019 (Public Law 116-
277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the
Violence Against Women Act Reauthorization Act of 2022
(division W of Public Law 117-103 (``the 2022 Act''); and
other programs, $2,416,805,000, to remain available until
expended as follows--
(1) $770,805,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1--
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Survivability
(VALOR);
(B) $3,500,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons
System;
(C) $10,000,000 is for a grant program for State and local
law enforcement to provide officer training on responding to
individuals with mental illness or disabilities;
(D) $5,000,000 is for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert Program
(title XXIV of the 1994 Act), as amended by Kevin and
Avonte's Law;
(G) $20,000,000 is for grants authorized under the Project
Safe Neighborhoods Grant Authorization Act of 2018 (Public
Law 115-185);
(H) $13,000,000 is for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law
108-405, and for grants for wrongful conviction review;
(I) $3,000,000 is for a national center on restorative
justice;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti Alert
Act of 2018 (Public Law 115-401);
(K) $3,500,000 is for a grant program to replicate and
support family-based alternative sentencing programs;
(L) $2,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $8,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
(N) $6,000,000 is for grants authorized under the Missing
Persons and Unidentified Remains Act of 2019 (Public Law 116-
277);
(O) $4,000,000 is for a drug data research center to combat
opioid abuse;
(P) $1,500,000 is for grants to accredited institutions of
higher education to support forensic ballistics programs;
(Q) $229,551,000 is for discretionary grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation), which shall be used for the
projects, and in the amounts, specified under the heading,
``Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such amounts may not
be transferred for any other purpose;
(R) $5,000,000 is for the purposes authorized under section
1506 of the 2022 Act;
(S) $5,000,000 is for a program to improve virtual training
for law enforcement; and
(T) $7,000,000 is for programs for cybercrime enforcement,
as authorized by sections 1401 and 1402 of the 2022 Act;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(I)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $95,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of the
Victims of Trafficking Act, by the TVPRA of 2005, or programs
authorized under Public Law 113-4;
(4) $13,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110-403,
of which not less than $2,500,000 is for intellectual
property enforcement grants including as authorized by
section 401, and $2,000,000 is for grants to develop
databases on Internet of Things device capabilities and to
build and execute training modules for law enforcement;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 shall be
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing, and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $95,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180) and
Fix NICS Act of 2018;
(9) $35,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
[[Page H10098]]
(10) $170,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $130,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $20,000,000 for other local, State, and Federal
forensic activities;
(C) $15,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $5,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $55,000,000 for community-based grant programs to
improve the response to sexual assault, including assistance
for investigation and prosecution of related cold cases;
(12) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $60,000,000 for assistance to Indian Tribes;
(14) $125,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199) and by the Second Chance Reauthorization
Act of 2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which
not to exceed--
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, of which no less than $500,000 shall be used for a
project that provides training, technical assistance, and
best practices; and
(D) $10,000,000 is for a grant program for crisis
stabilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020
(Public Law 116-281):
Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for
Pay for Success projects, of which up to $5,000,000 shall be
for Pay for Success programs implementing the Permanent
Supportive Housing Model and reentry housing;
(15) $445,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant,
and substance use disorders consistent with underlying
program authorities, of which--
(A) $95,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $45,000,000 is for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $45,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by part S
of title I of the 1968 Act;
(D) $35,000,000 is for a veterans treatment courts program;
(E) $35,000,000 is for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $190,000,000 is for a comprehensive opioid, stimulant,
and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $3,500,000 for grants to State and local law
enforcement agencies for the expenses associated with the
investigation and prosecution of criminal offenses involving
civil rights, authorized by the Emmett Till Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (Public Law 114-
325);
(19) $25,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law
111-84);
(20) $10,000,000 for grants to support community-based
approaches to advancing justice and reconciliation,
facilitating dialogue between all parties, building local
capacity, de-escalating community tensions, and preventing
hate crimes through conflict resolution and community
empowerment and education;
(21) $10,000,000 for programs authorized under the Jabara-
Heyer NO HATE Act (34 U.S.C. 30507); and
(22) $120,000,000 for initiatives to improve police-
community relations, of which $35,000,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local, and Tribal law enforcement;
$35,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction; and $50,000,000 is for a community violence
intervention and prevention initiative:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service: Provided further, That in the spending
plan submitted pursuant to section 528 of this Act, the
Office of Justice Programs shall specifically and explicitly
identify all changes in the administration of competitive
grant programs for fiscal year 2023, including changes to
applicant eligibility, priority areas or weightings, and the
application review process.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the PROTECT Act (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Missing
Children's Assistance Act of 2018 (Public Law 115-267); the
Juvenile Justice Reform Act of 2018 (Public Law 115-385); the
Victims of Crime Act of 1984 (chapter XIV of title II of
Public Law 98-473) (``the 1984 Act''); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198); and
other juvenile justice programs, $400,000,000, to remain
available until expended as follows--
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local, and Tribal juvenile justice residential facilities;
(2) $107,000,000 for youth mentoring grants;
(3) $65,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $5,000,000 shall be for grants to prevent trafficking
of girls;
(B) $17,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(D) $5,500,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(E) $12,500,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and substance use
disorder;
(F) $10,000,000 shall be for an initiative relating to
children exposed to violence; and
(G) $2,000,000 shall be for grants to protect vulnerable
and at-risk youth;
(4) $41,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $105,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be
used for training and technical assistance: Provided further,
That the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the
1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $34,800,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law
[[Page H10099]]
109-162) (``the 2005 Act''); the American Law Enforcement
Heroes Act of 2017 (Public Law 115-37); the Law Enforcement
Mental Health and Wellness Act (Public Law 115-113) (``the
LEMHW Act''); the SUPPORT for Patients and Communities Act
(Public Law 115-271); and the Supporting and Treating
Officers In Crisis Act of 2019 (Public Law 116-32) (``the
STOIC Act''), $662,880,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act: Provided further,
That of the amount provided under this heading--
(1) $324,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That of the amounts
appropriated under this paragraph, $34,000,000 is for
improving Tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and
anti-opioid activities: Provided further, That of the amounts
appropriated under this paragraph, $44,000,000 is for
regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred
to and merged with ``Research, Evaluation, and Statistics''
for administration by the Office of Justice Programs:
Provided further, That of the amounts appropriated under this
paragraph, no less than $4,000,000 is to support the Tribal
Access Program: Provided further, That of the amounts
appropriated under this paragraph, $10,000,000 is for
training, peer mentoring, mental health program activities,
and other support services as authorized under the LEMHW Act
and the STOIC Act: Provided further, That of the amounts
appropriated under this paragraph, $7,500,000 is for the
collaborative reform model of technical assistance in
furtherance of section 1701 of title I of the 1968 Act (34
U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of
precursor chemicals, finished methamphetamine, laboratories,
and laboratory dump seizures: Provided, That funds
appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit
activities, including precursor diversion, laboratories, or
methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration;
(5) $53,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services
Office for purposes authorized under the STOP School Violence
Act (title V of division S of Public Law 115-141);
(6) $45,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the
1968 Act (34 U.S.C. 10381); and
(7) $177,880,000 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment, which shall be used
for the projects, and in the amounts, specified under the
heading, ``Community Oriented Policing Services, Technology
and Equipment Community Projects/ COPS Law Enforcement
Technology and Equipment'', in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That such amounts may not
be transferred for any other purpose: Provided further, That
grants funded by such amounts shall not be subject to section
1703 of title I of the 1968 Act (34 U.S.C. 10383).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section: Provided
further, That this section shall not apply to the following--
(1) paragraph 1(Q) under the heading ``State and Local Law
Enforcement Assistance''; and
(2) paragraph (7) under the heading ``Community Oriented
Policing Services Programs''.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
This section shall not apply to paragraph 1(Q) under the
heading ``State and Local Law Enforcement Assistance''.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in
this or any other Act making appropriations for fiscal years
2020 through 2023 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631 et seq.), the requirements under section
2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12109(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to
[[Page H10100]]
facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or
suspects that the individual is an agent of a drug cartel,
unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2023, except up
to $12,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2023, and any use,
obligation, transfer, or allocation of such funds shall be
treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2023, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized
under such authorities as have been enacted for Performance
Partnership Pilots in appropriations acts in prior fiscal
years and the current fiscal year.
Sec. 218. The Attorney General shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate quarterly reports on the Crime Victims Fund,
the Working Capital Fund, the Three Percent Fund, and the
Asset Forfeiture Fund. Such quarterly reports shall contain
at least the same level of information and detail for each
Fund as was provided to the Committees on Appropriations of
the House of Representatives and the Senate in fiscal year
2022.
Sec. 219. Section 3201 of Public Law 101-647, as amended
(28 U.S.C. 509 note), is hereby amended: (1) by striking ``or
the Immigration and Naturalization Service'' and inserting
``the Federal Prison System, the Bureau of Alcohol, Tobacco,
Firearms and Explosives, or the United States Marshals
Service''; and (2) by striking ``$25,000'' and inserting
``$50,000''.
Sec. 220. None of the funds made available under this Act
may be used to conduct, contract for, or otherwise support,
live tissue training, unless the Attorney General issues a
written, non-delegable determination that such training is
medically necessary and cannot be replicated by alternatives.
Sec. 221. (a) Designation.--The facilities of the Federal
Bureau of Investigation at Redstone Arsenal, Alabama, shall
be known and designated as the ``Richard Shelby Center for
Innovation and Advanced Training''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facilities of the Federal Bureau of Investigation at Redstone
Arsenal referred to in subsection (a) shall be deemed to be a
reference to the ``Richard Shelby Center for Innovation and
Advanced Training''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2023''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$7,965,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of title V of Public Law 100-685
and Executive Order No. 13803, hire of passenger motor
vehicles, and services as authorized by section 3109 of title
5, United States Code, not to exceed $2,250 for official
reception and representation expenses, $1,965,000: Provided,
That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal
agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes
provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$7,795,000,000, to remain available until September 30, 2024.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$935,000,000, to remain available until September 30, 2024.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $1,200,000,000, to remain available until September
30, 2024: Provided, That $227,000,000 shall be for On-orbit
Servicing, Assembly, and Manufacturing 1: Provided further,
That $110,000,000 shall be for the development, production,
and demonstration of a nuclear thermal propulsion system, of
which not less than $45,000,000 shall be for reactor
development, not less than $45,000,000 shall be for fuel
materials development, and not less than $20,000,000 shall be
for non-nuclear systems development and acquisition planning:
Provided further, That, not later than 180 days after the
enactment of this Act, the National Aeronautics and Space
Administration shall provide a plan for the design of a
flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of Artemis Campaign Development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$7,468,850,000, to remain available until September 30, 2024:
Provided, That not less than $1,338,700,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,600,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously to be
used to the maximum extent practicable, including for Earth
to Moon missions and Moon landings: Provided further, That of
the amounts provided for SLS, not less than $600,000,000
shall be for SLS Block 1B development including the
Exploration Upper Stage and associated systems including
related facilitization, to support an SLS Block 1B mission
available to launch in 2025 in addition to the planned Block
1 missions for Artemis I through Artemis III: Provided
further, That $799,150,000 shall be for Exploration Ground
Systems and associated Block 1B activities, including up to
$281,350,000 for a second mobile launch platform: Provided
further, That the National Aeronautics and Space
Administration shall provide to the Committees on
Appropriations of the House of Representatives and the
Senate, concurrent with the annual budget submission, a 5-
year budget profile for an integrated system that includes
the SLS, the Orion Multi-Purpose Crew Vehicle, and associated
ground systems that will ensure a crewed launch as early as
possible, as well as a system-based funding profile for a
sustained launch cadence that contemplates the use of an SLS
Block 1B cargo variant with an 8.4 meter fairing and
associated ground systems: Provided further, That
$2,600,300,000 shall be for Artemis Campaign Development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control, and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$4,250,000,000, to remain available until September 30, 2024.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and
[[Page H10101]]
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $143,500,000, to remain
available until September 30, 2024, of which $26,000,000
shall be for the Established Program to Stimulate Competitive
Research and $58,000,000 shall be for the National Space
Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,129,451,000, to
remain available until September 30, 2024: Provided, That if
available balances in the ``Science, Space, and Technology
Education Trust Fund'' are not sufficient to provide for the
grant disbursements required under the third and fourth
provisos under such heading in the Department of Housing and
Urban Development-Independent Agencies Appropriations Act,
1989 (Public Law 100-404) as amended by the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1995 (Public Law
103-327) up to $1,000,000 shall be available from amounts
made available under this heading to make such grant
disbursements: Provided further, That of the amounts
appropriated under this heading, $30,701,000 shall be used
for the projects, and in the amounts, specified in the table
under the heading ``NASA Community Projects/NASA Special
Projects'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided further, That the amounts made available for
the projects referenced in the preceding proviso may not be
transferred for any other purpose.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $47,300,000, to remain available
until September 30, 2028: Provided, That proceeds from leases
deposited into this account shall be available for a period
of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds
referred to in the preceding proviso shall be available for
obligation for fiscal year 2023 in an amount not to exceed
$25,000,000: Provided further, That each annual budget
request shall include an annual estimate of gross receipts
and collections and proposed use of all funds collected
pursuant to section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$47,600,000, of which $500,000 shall remain available until
September 30, 2024.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Any funds transferred
to ``Construction and Environmental Compliance and
Restoration'' for construction activities shall not increase
that account by more than 50 percent and any funds
transferred to or within ``Exploration'' for Exploration
Ground Systems shall not increase Exploration Ground Systems
by more than $49,300,000. Balances so transferred shall be
merged with and available for the same purposes and the same
time period as the appropriations to which transferred. Any
transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for
the National Aeronautics and Space Administration under
previous appropriations Acts that remains available for
obligation or expenditure in fiscal year 2023 may be
transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the
theme, program, project, and activity level. The spending
plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year
Construction and Environmental Compliance and Restoration
(CECR) appropriation may be applied to CECR projects funded
under previous years' CECR appropriations. Use of current-
year funds under this provision shall be treated as a
reprogramming of funds under section 505 of this act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Of the amounts made available in this Act under the heading
``Science, Technology, Engineering, and Mathematics
Engagement'' (``STEM Engagement''), up to $5,000,000 shall be
available to jointly fund, with an additional amount of up to
$1,000,000 each from amounts made available in this Act under
the headings ``Science'', ``Aeronautics'', ``Space
Technology'', ``Exploration'', and ``Space Operations'',
projects and activities for engaging students in STEM and
increasing STEM research capacities of universities,
including Minority Serving Institutions.
Section 30102(b) of title 51, United States Code, is
amended by:
(1) Redesignating existing paragraph (3) to (4); and
(2) Inserting, after paragraph (2), the following:
``(3) Information technology (it) modernization.--The fund
shall also be available for the purpose of funding IT
Modernization activities, as described in section
1077(b)(3)(A)-(E) of Public Law 115-91, on a non-reimbursable
basis.''.
Not to exceed $18,162,000 made available for the current
fiscal year in this Act within ``Safety, Security and Mission
Services'' may be transferred to the Working Capital Fund of
the National Aeronautics and Space Administration. Balances
so transferred shall be available until expended only for
activities described in section 30102(b)(3) of title 51,
United States Code, as amended by this Act, and shall remain
available until expended. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $7,021,136,000, to remain available until September
30, 2024, of which not to exceed $640,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $187,230,000, to remain
available until expended.
stem education
For necessary expenses in carrying out science,
mathematics, and engineering education and human resources
programs and activities pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including
services as authorized by section 3109 of title 5, United
States Code, authorized travel, and rental of conference
rooms in the District of Columbia, $1,154,000,000, to remain
available until September 30, 2024.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $448,000,000: Provided, That not to
exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered
into under this heading in fiscal year 2023 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law
[[Page H10102]]
86-209 (42 U.S.C. 1880 et seq.), $5,090,000: Provided, That
not to exceed $2,500 shall be available for official
reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$23,393,000, of which $400,000 shall remain available until
September 30, 2024.
administrative provisions
(including transfers of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
There is hereby established in the Treasury of the United
States a fund to be known as the ``National Science
Foundation Nonrecurring Expenses Fund'' (the Fund).
Unobligated balances of expired discretionary funds
appropriated for this or any succeeding fiscal year from the
General Fund of the Treasury to the National Science
Foundation by this or any other Act may be transferred (not
later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the
purposes for which appropriated) into the Fund. Amounts
deposited in the Fund shall be available until expended, and
in addition to such other funds as may be available for such
purposes, for information and business technology system
modernization and facilities infrastructure improvements,
including nonrecurring maintenance, necessary for the
operation of the Foundation or its funded research
facilities, subject to approval by the Office of Management
and Budget. Amounts in the Fund may be obligated only after
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of the planned use of funds.
This title may be cited as the ``Science Appropriations
Act, 2023''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $14,350,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission:
Provided further, That none of the funds appropriated in this
paragraph shall be used for any activity or expense that is
not explicitly authorized by section 3 of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975a): Provided further,
That notwithstanding the preceding proviso, $2,000,000 shall
be used to separately fund the Commission on the Social
Status of Black Men and Boys.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$31,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$455,000,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair may accept and use any gift or donation to
carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $122,400,000, to remain
available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$560,000,000, of which $516,100,000 is for basic field
programs and required independent audits; $5,700,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $26,200,000 is for management and grants
oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That the authorities provided in section 205 of this
Act shall be applicable to the Legal Services Corporation:
Provided further, That, for the purposes of section 505 of
this Act, the Legal Services Corporation shall be considered
an agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2022 and 2023, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $4,500,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$61,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $7,640,000, of which $500,000 shall
remain available until September 30, 2024: Provided, That not
to exceed $2,250 shall be available for official reception
and representation expenses: Provided further, That, for the
purposes of section 505 of this Act, the State Justice
Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2023, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the
[[Page H10103]]
agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates or initiates a new program, project, or
activity; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs, or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects,
or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any program,
project, or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$1,900,000,000 shall not be available for obligation until
the following fiscal year: Provided, That notwithstanding
section 1402(d) of such Act, of the amounts available from
the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and
remain available until expended for oversight and auditing
purposes associated with this section; and (2) 5 percent
shall be available to the Office for Victims of Crime for
grants, consistent with the requirements of the Victims of
Crime Act, to Indian Tribes to improve services for victims
of crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or
[[Page H10104]]
Justice, the National Aeronautics and Space Administration,
or the National Science Foundation totaling more than
$75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on
Appropriations within 30 days in writing of such increase,
and shall include in such notice: the date on which such
determination was made; a statement of the reasons for such
increases; the action taken and proposed to be taken to
control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 519. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2023 until the enactment of the
Intelligence Authorization Act for fiscal year 2023.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 111(a)
of division B of Public Law 116-93, $50,000,000 are hereby
permanently rescinded not later than September 30, 2023.
(b) Of the unobligated balances from prior year
appropriations available to the Department of Commerce under
the heading ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000 are hereby
permanently rescinded, not later than September 30, 2023.
(c) Of the unobligated balances from prior year
appropriations available to the Department of Justice, the
following funds are hereby permanently rescinded, not later
than September 30, 2023, from the following accounts in the
specified amounts--
(1) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(2) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $75,000,000; and
(3) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000.
(d) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently
rescinded, not later than September 30, 2023, from the
following accounts in the specified amounts--
(1) ``Working Capital Fund'', $705,768,000; and
(2) ``Legal Activities, Assets Forfeiture Fund'',
$500,000,000.
(e) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2023, specifying the amount of each rescission
made pursuant to subsections (a), (b), (c) and (d).
(f) The amounts rescinded in subsections (a), (b), (c) and
(d) shall not be from amounts that were designated by the
Congress as an emergency or disaster relief requirement
pursuant to the concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(g) The amounts rescinded pursuant to subsections (c) and
(d) shall not be from--
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ``State and Local Law Enforcement
Activities--Office of Justice Programs--State and Local Law
Enforcement Assistance'' in title II of division B of Public
Law 117-103; or
(2) amounts provided under paragraph (7) under the heading
``State and Local Law Enforcement Activities--Community
Oriented Policing Services--Community Oriented Policing
Services Programs'' in title II of division B of Public Law
117-103.
Sec. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law
enforcement personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is
in the national interest and notifies the Committees on
Appropriations of the House of Representatives and the Senate
within at least 15 days of that determination and the basis
for that determination.
Sec. 524. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 525. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to
develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any
way with China or any Chinese-owned company unless such
activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
Sec. 527. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency
head, to the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after
the date of enactment of this Act.
Sec. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 531. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, South Dakota, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin,
[[Page H10105]]
and Wyoming, or with respect to the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, or Puerto Rico, to prevent any
of them from implementing their own laws that authorize the
use, distribution, possession, or cultivation of medical
marijuana.
Sec. 532. The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 533. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That
for purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1993 Small Area Income and Poverty
Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any Territory or
possession of the United States.
Sec. 534. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 536. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 537. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 539. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 540. (a) The remaining unobligated balances of funds
as of September 30, 2023, from amounts made available to
``Office of the United States Trade Representative--Salaries
and Expenses'' in title IX of the United States-Mexico-Canada
Agreement Implementation Act (Public Law 116-113), are hereby
rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2023, for
an additional amount for fiscal year 2023, to remain
available until September 30, 2024, and shall be available
for the same purposes, in addition to other funds as may be
available for such purposes, and under the same authorities
for which the funds were originally provided in Public Law
116-113, except that all references to ``2023'' under such
heading in Public Law 116-113 shall be deemed to refer
instead to ``2024''.
(b) The remaining unobligated balances of funds as of
September 30, 2023, from amounts made available to ``Office
of the United States Trade Representative--Trade Enforcement
Trust Fund'' in title IX of the United States-Mexico-Canada
Agreement Implementation Act (Public Law 116-113), are hereby
rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2023, for
an additional amount for fiscal year 2023, to remain
available until September 30, 2024, and shall be available
for the same purposes, in addition to other funds as may be
available for such purposes, and under the same authorities
for which the funds were originally provided in Public Law
116-113, except that the reference to ``2023'' under such
heading in Public Law 116-113 shall be deemed to refer
instead to ``2024''.
(c) The amounts rescinded pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress),
as engrossed in the House of Representatives on June 8, 2022.
(d) Each amount provided by this section is designated by
the Congress as being for an emergency requirement pursuant
to section 4001(a)(1) of S. Con. Res. 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022,
and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
Sec. 541. Funds made available to the Department of
Commerce and under the heading ``Department of Justice--
Federal Bureau of Investigation--Salaries and Expenses'' in
this Act and any remaining unobligated balances of funds made
available to the Department of Commerce and under the heading
``Department of Justice--Federal Bureau of Investigation--
Salaries and Expenses'' in prior year Acts, other than
amounts designated by the Congress as being for an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, shall be available to provide payments pursuant to
section 901(i)(2) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C.
2680b(i)(2)): Provided, That payments made pursuant to the
matter preceding this proviso may not exceed $5,000,000 for
the Department of Commerce and $5,000,000 for the Federal
Bureau of Investigation.
Sec. 542. (a) None of the funds in this Act may be used for
design or construction of the Mobile Launcher 2 until 30 days
after the Administrator of the National Aeronautics and Space
Administration (the ``Administrator'') submits a plan to the
Committees on Appropriations of the House of Representatives
and the Senate (the ``Committees''), the Government
Accountability Office, and the Office of Inspector General of
the National Aeronautics and Space Administration detailing a
cost and schedule baseline for the Mobile Launcher 2. Such
plan shall include each of the requirements described in
subsection (c)(2) of section 30104 of title 51, United States
Code, as well as an estimated date for completion of design
and construction of the Mobile Launcher 2.
(b) Not later than 90 days after the submission of the plan
described in subsection (a), and every 90 days thereafter,
the Administrator shall report to the Committees, the
Government Accountability Office, and the Office of Inspector
General of the National Aeronautics and Space
[[Page H10106]]
Administration on steps taken to implement such plan.
Sec. 543. (a)(1) Within 45 days of enactment of this Act,
the Secretary of Commerce shall allocate amounts made
available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Fund for fiscal year 2023
pursuant to paragraphs (1) and (2) of section 102(a) of the
CHIPS Act of 2022 (division A of Public Law 117-167),
including the transfer authority in such paragraphs of that
section of that Act, to the accounts specified, in the
amounts specified, and for the projects and activities
specified, in the table titled ``Department of Commerce
Allocation of National Institute of Standards and Technology
Funds: CHIPS Act Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary
of Commerce shall allocate amounts made available from the
Public Wireless Supply Chain Innovation Fund for fiscal year
2023 pursuant to section 106 of the CHIPS Act of 2022
(division A of Public Law 117-167), including the transfer
authority in section 106(b)(2) of that Act, to the accounts
specified, in the amounts specified, and for the projects and
activities specified, in the table titled ``Department of
Commerce Allocation of National Telecommunications and
Information Administration Funds: CHIPS Act Fiscal Year
2023'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
(3) Within 45 days of enactment of this Act, the Director
of the National Science Foundation shall allocate amounts
made available from the Creating Helpful Incentives to
Produce Semiconductors (CHIPS) for America Workforce and
Education Fund for fiscal year 2023 pursuant to section
102(d)(1) of the CHIPS Act of 2022 (division A of Public Law
117-167), to the account specified, in the amounts specified,
and for the projects and activities specified in the table
titled ``National Science Foundation Allocation of Funds:
CHIPS Act Fiscal Year 2023'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(a)(2)(A) of the CHIPS Act of 2022 or under
section 102(d)(2) of such Act if there is in effect an Act
making or continuing appropriations for part of a fiscal year
for the Departments of Commerce and Justice, Science, and
Related Agencies: Provided, That in any fiscal year, the
matter preceding this proviso shall not apply to the
allocation, apportionment, or allotment of amounts for
continuing administration of programs allocated funds from
the CHIPS for America Fund, which may be allocated only in
amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations
of the House of Representatives and the Senate, and subject
to the terms and conditions in section 505 of this Act--
(1) the Secretary of Commerce may reallocate funds
allocated to Industrial Technology Services for section 9906
of Public Law 116-283 by subsection (a)(1) of this section;
and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(3) of this section.
(d) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of Commerce and
the Director of the National Science Foundation, as
appropriate, shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate
proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made
available under section 102(a)(2) and section 102(d)(2) of
the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Commerce and the National Science
Foundation, as appropriate, shall each provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and
activities funded by the CHIPS for America Fund for amounts
allocated pursuant to subsection (a)(1) of this section, the
status of balances of projects and activities funded by the
Public Wireless Supply Chain Innovation Fund for amounts
allocated pursuant to subsection (a)(2) of this section, and
the status of balances of projects and activities funded by
the CHIPS for America Workforce and Education Fund for
amounts allocated pursuant to subsection (a)(3) of this
section, including all uncommitted, committed, and
unobligated funds.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2023''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2023
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $49,628,305,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $36,706,395,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$15,050,088,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $35,427,788,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Space Force on
active duty and cadets; for members of the Reserve Officers'
Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$1,109,400,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 7038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$5,212,834,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,400,831,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $826,712,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$2,457,519,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or
[[Page H10107]]
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $9,232,554,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $4,913,538,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$59,015,977,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of
the Army, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $68,260,046,000: Provided, That not to
exceed $15,055,000 may be used for emergencies and
extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be
made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $9,891,998,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $60,279,937,000: Provided, That not to exceed $7,699,000
may be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of
the Air Force, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized
by law, $4,086,883,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $49,574,779,000: Provided, That not
more than $2,981,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of
the Secretary of Defense, and payments may be made upon the
Secretary's certificate of necessity for confidential
military purposes: Provided further, That of the funds
provided under this heading, not less than $55,000,000 shall
be made available for the Procurement Technical Assistance
Cooperative Agreement Program, of which not less than
$5,000,000 shall be available for centers defined in 10
U.S.C. 2411(1)(D): Provided further, That none of the funds
appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary
of Defense, the office of the Secretary of a military
department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison
office: Provided further, That $49,071,000 to remain
available until expended, is available only for expenses
relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to
operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the
appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that
may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this
heading, $2,467,009,000, of which $1,510,260,000, to remain
available until September 30, 2024, shall be available to
provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That
the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds
made available in this paragraph: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $475,000,000, to remain available until
September 30, 2024: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular
forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria, and their affiliated or associated groups:
Provided further, That amounts made available under this
heading shall be available to provide assistance only for
activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as
having a security mission to counter the Islamic State of
Iraq and Syria, and following written notification to the
congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals are
appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing
any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a
provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such
assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by
such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That equipment procured
using funds provided under this heading, or under the
heading, ``Iraq Train and Equip Fund'' in prior Acts, and not
yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria may
be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written
notification to the congressional defense committees:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use of funds provided under this heading, including, but
not limited to, the number of individuals trained, the nature
and scope of support and sustainment provided to each group
or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,206,434,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,278,050,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $347,633,000.
[[Page H10108]]
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,700,800,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $8,299,187,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $7,382,079,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $16,003,000, of which
not to exceed $10,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $324,500,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $400,113,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $573,810,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this
Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,979,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $317,580,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$170,000,000, to remain available until September 30, 2024:
Provided, That such amounts shall not be subject to the
limitation in section 407(c)(3) of title 10, United States
Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $351,598,000, to remain available until September 30,
2025.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce
Development Account, $111,791,000: Provided, That no other
amounts may be otherwise credited or transferred to the
Account, or deposited into the Account, in fiscal year 2023
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,847,834,000, to remain available for obligation until
September 30, 2025.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,848,853,000, to remain available for obligation until
September 30, 2025.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon
[[Page H10109]]
prior to approval of title; and procurement and installation
of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,505,157,000, to remain available for
obligation until September 30, 2025.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,770,120,000, to remain available for obligation until
September 30, 2025.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$8,668,148,000, to remain available for obligation until
September 30, 2025.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $19,031,864,000, to remain available
for obligation until September 30, 2025.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$4,823,113,000, to remain available for obligation until
September 30, 2025.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$920,884,000, to remain available for obligation until
September 30, 2025.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $3,079,223,000;
Columbia Class Submarine (AP), $2,778,553,000;
Carrier Replacement Program (CVN-80), $1,465,880,000;
Carrier Replacement Program (CVN-81), $1,052,024,000;
Virginia Class Submarine, $4,534,184,000;
Virginia Class Submarine (AP), $2,025,651,000;
CVN Refueling Overhauls (AP), $612,081,000;
DDG-1000 Program, $72,976,000;
DDG-51 Destroyer, $6,946,537,000;
DDG-51 Destroyer (AP), $695,652,000;
FFG-Frigate, $1,135,224,000;
LPD Flight II, $1,673,000,000;
LPD Flight II (AP), $250,000,000;
LHA Replacement, $1,374,470,000;
Expeditionary Fast Transport, $645,000,000;
TAO Fleet Oiler, $782,588,000;
Towing, Salvage, and Rescue Ship, $95,915,000;
Ship to Shore Connector, $454,533,000;
Service Craft, $21,056,000;
Auxiliary Personnel Lighter, $71,218,000;
LCAC SLEP, $36,301,000;
Auxiliary Vessels, $133,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $707,412,000; and
Completion of Prior Year Shipbuilding Programs,
$1,312,646,000.
In all: $31,955,124,000, to remain available for obligation
until September 30, 2027: Provided, That additional
obligations may be incurred after September 30, 2027, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for
Columbia Class Submarine (AP) may be available for the
purposes authorized by subsections (f), (g), (h) or (i) of
section 2218a of title 10, United States Code, only in
accordance with the provisions of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$12,138,590,000, to remain available for obligation until
September 30, 2025: Provided, That such funds are also
available for the maintenance, repair, and modernization of
ships under a pilot program established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$3,669,510,000, to remain available for obligation until
September 30, 2025.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$22,196,175,000, to remain available for obligation until
September 30, 2025.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $2,999,346,000, to remain available
for obligation until September 30, 2025.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$857,722,000, to remain available for obligation until
September 30, 2025.
[[Page H10110]]
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $28,034,122,000, to remain available for obligation
until September 30, 2025.
Procurement, Space Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $4,462,188,000, to remain available
for obligation until September 30, 2025.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $6,139,674,000, to remain
available for obligation until September 30, 2025.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $372,906,000,
to remain available for obligation until September 30, 2027,
which shall be obligated and expended by the Secretary of
Defense as if delegated the necessary authorities conferred
by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$1,000,000,000, to remain available for obligation until
September 30, 2025: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $17,150,141,000, to remain
available for obligation until September 30, 2024.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $26,017,309,000, to remain
available for obligation until September 30, 2024: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $44,946,927,000, to remain
available for obligation until September 30, 2024.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $16,631,377,000, to remain
available until September 30, 2024.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $34,565,478,000, to
remain available for obligation until September 30, 2024.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $449,294,000, to remain available for obligation
until September 30, 2024.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,654,710,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $39,225,101,000; of which $35,613,417,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2024, and of which up to $18,577,877,000
may be available for contracts entered into under the TRICARE
program; of which $570,074,000, to remain available for
obligation until September 30, 2025, shall be for
procurement; and of which $3,041,610,000, to remain available
for obligation until September 30, 2024, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount
made available under this heading for research, development,
test and evaluation, not less than $12,000,000 shall be
available for HIV prevention educational activities
undertaken in connection with United States military
training, exercises, and humanitarian assistance activities
conducted primarily in African nations: Provided further,
That of the funds provided under this heading for research,
development, test and evaluation, not less than
$1,561,000,000 shall be made available to the Defense Health
Agency to carry out the congressionally directed medical
research programs: Provided further, That the Secretary of
Defense shall submit to the congressional defense committees
quarterly reports on the current status of the deployment of
the electronic health record: Provided further, That the
Secretary of Defense shall provide notice to the
congressional defense committees not later than 10 business
days after delaying the proposed timeline of such deployment
if such delay is longer than 1 week: Provided further, That
the Comptroller General of the United States shall perform
quarterly performance reviews of such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, $1,059,818,000, of which $84,612,000 shall
be for operation and maintenance, of which no less than
$53,186,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $22,778,000 for
activities on military installations and $30,408,000, to
remain available until September 30, 2024, to assist State
and local governments; and $975,206,000, to remain available
until September 30, 2024, shall be for research, development,
test and evaluation, of which $971,742,000 shall only be for
the Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $970,764,000, of which $614,510,000
shall be for counter-narcotics support; $130,060,000 shall be
for the drug demand reduction program; $200,316,000 shall be
for the National Guard counter-drug program; and $25,878,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
contained elsewhere in this Act: Provided further, That funds
appropriated under this heading may be used to support a new
start program or project only
[[Page H10111]]
after written prior notification to the Committees on
Appropriations of the House of Representatives and the
Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $485,359,000, of which
$481,971,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended upon the approval or
authority of the Inspector General, and payments may be made
upon the Inspector General's certificate of necessity for
confidential military purposes; of which $1,524,000, to
remain available for obligation until September 30, 2025,
shall be for procurement; and of which $1,864,000, to remain
available until September 30, 2024, shall be for research,
development, test and evaluation.
Support for International Sporting Competitions
For logistical and security support for international
sporting competitions (including pay and non-travel related
allowances only for members of the Reserve Components of the
Armed Forces of the United States called or ordered to active
duty in connection with providing such support), $10,377,000,
to remain available until expended.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $562,265,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may, with the approval of the Office of Management
and Budget, transfer not to exceed $6,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the
item for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2023: Provided
further, That transfers among military personnel
appropriations shall not be taken into account for purposes
of the limitation on the amount of funds that may be
transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act and the tables
contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs,
projects, and activities for which the amounts appropriated
exceed the amounts requested are hereby required by law to be
carried out in the manner provided by such tables to the same
extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between
appropriation accounts.
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit
a report to the congressional defense committees to establish
the baseline for application of reprogramming and transfer
authorities for fiscal year 2023: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least
30 days in advance of the proposed contract award: Provided,
That no part of any appropriation contained in this Act shall
be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act
may be used for a multiyear contract executed after the date
of the enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and,
[[Page H10112]]
in the case of a contract for procurement of aircraft, that
includes, for any aircraft unit to be procured through the
contract for which procurement funds are requested in that
budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts for up to 15 DDG-51 Arleigh
Burke Class Guided Missile Destroyers.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code: Provided,
That such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided further, That funds available for operation
and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the
Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239: Provided
further, That upon a determination by the Secretary of the
Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities
located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any constraint or limitation in terms of man
years, end strength, full-time equivalent positions, or
maximum number of employees, but are to be managed solely on
the basis of, and in a manner consistent with--
(1) the total force management policies and procedures
established under section 129a of title 10, United States
Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) None of the funds appropriated by this Act may be used
to reduce the civilian workforce programmed full time
equivalent levels absent the appropriate analysis of the
impact of these reductions on workload, military force
structure, lethality, readiness, operational effectiveness,
stress on the military force, and fully burdened costs.
(c) A projection of the number of full-time equivalent
positions shall not be considered a constraint or limitation
for purposes of subsection (a) and reducing funding for
under-execution of such a projection shall not be considered
managing based on a constraint or limitation for purposes of
such subsection.
(d) The fiscal year 2024 budget request for the Department
of Defense, and any justification material and other
documentation supporting such a request, shall be prepared
and submitted to Congress as if subsections (a) and (b) were
effective with respect to such fiscal year.
(e) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades, or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Program
may be transferred to any other appropriation contained in
this Act solely for the purpose of implementing a Mentor-
Protege Program developmental assistance agreement pursuant
to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal
year 2024 (as submitted to Congress pursuant to section 1105
of title 31, United States Code) a description of each
transfer under this section that occurred during the last
fiscal year before the fiscal year in which such budget is
submitted.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain unless the anchor and mooring chain are
manufactured in the United States from components which are
substantially manufactured in the United States: Provided,
That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that such an acquisition must be made in order
to acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in
this Act, $25,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States
Code, shall be considered a contractor for the purposes of
being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act
making appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That
notwithstanding section 1906 of title 41, United States Code,
this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial
items produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance
[[Page H10113]]
shall be subject to the condition that the housing units
shall be removed within a reasonable period of time, as
determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $20,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8023. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working
Capital Fund, Army'', $115,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $64,800,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $51,300,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $11,600,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,900,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2023,
not more than $2,788,107,000 may be funded for professional
technical staff-related costs of the defense FFRDCs:
Provided, That within such funds, not more than $446,097,000
shall be available for the defense studies and analysis
FFRDCs: Provided further, That this subsection shall not
apply to staff years funded in the National Intelligence
Program and the Military Intelligence Program: Provided
further, That the Secretary of Defense shall, with the
submission of the department's fiscal year 2024 budget
request, submit a report presenting the specific amounts of
staff years of technical effort to be allocated for each
defense FFRDC by program during that fiscal year and the
associated budget estimates, by appropriation account and
program.
(e) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $129,893,000: Provided, That this subsection shall
not apply to appropriations for the National Intelligence
Program and Military Intelligence Program.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8028. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 4658 of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8031. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2023. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreements Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8034. In addition to any other funds made available
for such purposes, there is appropriated $93,500,000, for an
additional amount for the ``National Defense Stockpile
Transaction Fund'', to remain available until September 30,
2025, for activities pursuant to the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.): Provided,
That none of the funds provided under this section may be
obligated or expended until 90 days after the Secretary of
Defense provides the Committees on Appropriations
[[Page H10114]]
of the House of Representatives and the Senate a detailed
execution plan for such funds.
Sec. 8035. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act,
or any subsequent Act making appropriations for the
Department of Defense, may be used for the purchase or
manufacture of a flag of the United States unless such flags
are treated as covered items under section 4862(b) of title
10, United States Code.
Sec. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account shall be available until
expended for the payments specified by section 2687a(b)(2) of
title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$350,000: Provided, That upon determination by the Secretary
of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant
Command engaged in a named contingency operation overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 8040. Up to $13,720,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the United States Indo-
Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made
available for this purpose may be used, notwithstanding any
other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8041. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided, That
such regulations shall direct that the prices of tobacco or
tobacco-related products in overseas military retail outlets
shall be within the range of prices established for military
retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2024 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2024 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2024 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2024: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2024: Provided further,
That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or
alteration of facilities, including leased facilities, to be
used primarily by personnel of the intelligence community,
shall remain available until September 30, 2025.
(including transfer of funds)
Sec. 8044. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$47,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8045. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8046. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent
[[Page H10115]]
ownership by an Indian tribe, as defined in section 4(e) of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as
defined in section 8(a)(15) of the Small Business Act (15
U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8047. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Aircraft Procurement, Army'', 2021/2023, $7,300,000;
``Other Procurement, Army'', 2021/2023, $3,177,000;
``Aircraft Procurement, Air Force'', 2021/2023,
$115,804,000;
``Operation and Maintenance, Defense-Wide'', 2022/2023,
$105,000,000;
``Counter-ISIS Train and Equip Fund'', 2022/2023,
$65,000,000;
``Aircraft Procurement, Army'', 2022/2024, $9,437,000;
``Other Procurement, Army'', 2022/2024, $71,544,000;
``Shipbuilding and Conversion, Navy: CVN Refueling
Overhauls'', 2022/2026, $191,000,000;
``Shipbuilding and Conversion, Navy: Service Craft'', 2022/
2026, $6,092,000;
``Aircraft Procurement, Air Force'', 2022/2024,
$205,568,000;
``Other Procurement, Air Force'', 2022/2024, $9,100,000;
``Procurement, Space Force'', 2022/2024, $7,000,000;
``Research, Development, Test and Evaluation, Army'', 2022/
2023, $26,700,000;
``Research, Development, Test and Evaluation, Air Force'',
2022/2023, $117,727,000;
``Research, Development, Test and Evaluation, Space
Force'', 2022/2023, $113,400,000; and
``Defense Counterintelligence and Security Agency Working
Capital Fund'', XXXX/XXXX, $30,000,000.
Sec. 8048. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8049. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose: Provided,
That this restriction shall not apply to any activities
incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed
Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8050. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing
in this section authorizes deviation from established Reserve
and National Guard personnel and training procedures.
Sec. 8051. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8052. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $49,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $24,000,000 to the United Service Organizations and
$25,000,000 to the Red Cross.
Sec. 8053. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget. The Secretary of each military department, the
Director of each Defense Agency, and the head of each other
relevant component of the Department of Defense shall submit
to the congressional defense committees, concurrent with
submission of the budget justification documents to Congress
pursuant to section 1105 of title 31, United States Code, a
report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component
during the most recently completed fiscal year.
Sec. 8054. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8055. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8056. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller)
shall include with the budget of the President for fiscal
year 2024 (as submitted to Congress pursuant to section 1105
of title 31, United States Code) a statement describing each
instance if any, during each of the fiscal years 2016 through
2023 in which the authority in this section was exercised.
Sec. 8057. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8058. (a) None of the funds appropriated or otherwise
made available by this or prior Acts may be obligated or
expended to retire, prepare to retire, or place in storage or
on backup aircraft inventory status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to
an individual C-40 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer
mission capable due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that
an aircraft is no longer mission capable, the Secretary shall
submit to the congressional defense committees a
certification in writing that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance,
repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary
steps taken by the Department of Defense to meet the travel
requirements for official or representational duties of
members of Congress and the Cabinet in fiscal years 2023 and
2024.
Sec. 8059. (a) None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery to
military forces for operational training, operational use, or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping in
accordance with an approved test strategy, and test
activities preceding and leading to acceptance for
operational use.
[[Page H10116]]
(b) If the number of end-items budgeted with funds
appropriated in title IV of this Act exceeds the number
required in an approved test strategy, the Under Secretary of
Defense (Research and Engineering) and the Under Secretary of
Defense (Acquisition and Sustainment), in coordination with
the responsible Service Acquisition Executive, shall certify
in writing to the congressional defense committees that there
is a bonafide need for the additional end-items at the time
of submittal to Congress of the budget of the President for
fiscal year 2024 pursuant to section 1105 of title 31, United
States Code: Provided, That this restriction does not apply
to programs funded within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the
submittal to Congress of the budget of the President for
fiscal year 2024 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
report detailing the use of funds requested in research,
development, test and evaluation accounts for end-items used
in development, prototyping and test activities preceding and
leading to acceptance for operational use: Provided, That the
report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in
that proviso were used for such item: Provided further, That
the Secretary of Defense shall, at the time of the submittal
to Congress of the budget of the President for fiscal year
2024 pursuant to section 1105 of title 31, United States
Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2024 in
research, development, test and evaluation accounts are in
compliance with this section: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8060. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8061. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start defense innovation acceleration or rapid prototyping
program demonstration project with a value of more than
$5,000,000 may only be obligated 15 days after a report,
including a description of the project, the planned
acquisition and transition strategy and its estimated annual
and total cost, has been provided in writing to the
congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8062. The Secretary of Defense shall continue to
provide a classified quarterly report to the Committees on
Appropriations of the House of Representatives and the
Senate, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8063. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National
Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or their designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or their designee, on a case-by-case
basis.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $158,967,374
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8067. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to
prohibit the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal
reporting, study and develop detailed proposals for
alternative financial management processes. Such study shall
include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will
adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will help achieve
auditability, improve fiscal reporting, and will not
adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(including transfer of funds)
Sec. 8068. In addition to amounts made available elsewhere
in this Act, $200,000,000 is hereby appropriated to the
Department of Defense and made available for transfer to
operation and maintenance accounts, procurement accounts, and
research, development, test and evaluation accounts only for
those efforts by the United States Africa Command or United
States Southern Command to expand cooperation or improve the
capabilities of our allies and partners in their areas of
operation: Provided, That none of the funds provided under
this section may be obligated or expended until 60 days after
the Secretary of Defense provides to the congressional
defense committees an execution plan: Provided further, That
not less than 30 days prior to any transfer of funds, the
Secretary of Defense shall notify the congressional defense
committees of the details of any such transfer: Provided
further, That upon transfer, the funds shall be merged with
and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided
further, That the transfer authority provided under this
section is in addition to any other transfer authority
provided elsewhere in this Act.
(including transfer of funds)
Sec. 8069. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8071. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force until a written modification has been proposed to
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
proposed modification may be implemented 30 days after the
notification unless an objection is received from either the
House or Senate Appropriations Committees: Provided further,
That any proposed modification shall not preclude the ability
of the commander of United States Indo-Pacific Command to
meet operational requirements.
Sec. 8072. Any notice that is required to be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate under section 3601 of title
10, United States Code, as added by section 804(a) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023, after the date of the enactment
[[Page H10117]]
of this Act shall be submitted pursuant to that requirement
concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives
and the Senate.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $80,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$127,000,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program; $40,000,000
shall be for co-production activities of SRBMD systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $80,000,000 shall be for an
upper-tier component to the Israeli Missile Defense
Architecture, of which $80,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States
and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and
$173,000,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in
addition to any other transfer authority contained in this
Act.
Sec. 8074. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$1,312,646,000 shall be available until September 30, 2023,
to fund prior year shipbuilding cost increases for the
following programs:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2023: Carrier Replacement Program, $461,700,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: Virginia Class Submarine Program,
$46,060,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: DDG-51 Destroyer, $30,231,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2023: Littoral Combat Ship, $4,250,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: DDG-51 Destroyer, $24,238,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Virginia Class Submarine Program,
$58,642,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: TAO Fleet Oiler, $9,200,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Littoral Combat Ship, $18,000,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: CVN Refueling Overhauls, $62,000,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2023: Towing, Salvage, and Rescue Ship Program,
$1,750,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: DDG-51 Destroyer, $168,178,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: LPD-17, $17,739,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: LHA Replacement Program, $19,300,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2023: Littoral Combat Ship, $29,030,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: DDG-51 Destroyer, $5,930,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: Littoral Combat Ship, $9,538,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: TAO Fleet Oiler, $12,500,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2023: Towing, Salvage, and Rescue Ship Program,
$2,800,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: Littoral Combat Ship, $6,983,000;
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: TAO Fleet Oiler, $106,400,000;
(21) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2023: Towing, Salvage, and Rescue Ship Program,
$2,450,000;
(22) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2023: Virginia Class Submarine Program,
$200,000,000; and
(23) Under the heading ``Shipbuilding and Conversion,
Navy'', 2021/2023: Towing, Salvage, and Rescue Ship Program,
$15,727,000.
Sec. 8075. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities and intelligence-related activities
not otherwise authorized in the Intelligence Authorization
Act for Fiscal Year 2023 are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8077. In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
Sec. 8078. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8079. None of the funds made available by this Act
may be obligated or expended for the purpose of
decommissioning the USS Fort Worth, the USS Wichita, the USS
Billings, the USS Indianapolis, or the USS St. Louis.
Sec. 8080. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8082. (a) None of the funds appropriated by this Act
may be used to transfer research and development,
acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial
vehicles.
Sec. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2024, and except for funds appropriated for the
purchase of real property, which shall remain available until
September 30, 2025.
Sec. 8084. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8085. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2023:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8086. Any transfer of amounts appropriated to the
Department of Defense Acquisition Workforce Development
Account in or for fiscal year 2023 to a military department
or Defense Agency pursuant to section 1705(e)(1) of title 10,
United States Code, shall be covered by and subject to
section 8005 of this Act.
Sec. 8087. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
[[Page H10118]]
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8088. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8089. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8090. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $168,000,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8091. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8092. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light
armored vehicles for the physical security of personnel or
for force protection purposes up to a limit of $450,000 per
vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8093. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for
the National Intelligence Program: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2023.
Sec. 8094. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $133,000,000, to
remain available for obligation until September 30, 2027, may
be used for the purchase of two used sealift vessels for the
National Defense Reserve Fleet, established under section 11
of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements
to the Ready Reserve Force, Maritime Administration account
of the United States Department of Transportation for
programs, projects, activities, and expenses related to the
National Defense Reserve Fleet: Provided further, That
notwithstanding section 2218 of title 10, United States Code,
none of these funds shall be transferred to the National
Defense Sealift Fund for execution.
Sec. 8095. The Secretary of Defense shall post grant
awards on a public website in a searchable format.
Sec. 8096. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8097. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
Sec. 8098. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $589,325,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
Sec. 8099. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8100. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following
components unless those components are manufactured in the
United States: Auxiliary equipment (including pumps) for
shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders
for shipboard cranes; and anchor chains, specifically for the
seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that
provides for the acquisition of the following components
unless those components are manufactured in the United
States: Air circuit breakers; gyrocompasses; electronic
navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed
lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers:
Provided, That the Secretary of the Navy shall incorporate
United States manufactured propulsion engines and propulsion
reduction gears into the FFG(X) Frigate program beginning not
later than with the eleventh ship of the program.
Sec. 8101. None of the funds provided in this Act for
requirements development, performance specification
development, concept design and development, ship
configuration development, systems engineering, naval
architecture, marine engineering, operations research
analysis, industry studies, preliminary design, development
of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the T-ARC(X)
Cable Laying and Repair Ship or the T-AGOS(X) Oceanographic
Surveillance Ship may be used to award a new contract for
such activities unless these
[[Page H10119]]
contracts include specifications that all auxiliary
equipment, including pumps and propulsion shafts, are
manufactured in the United States.
Sec. 8102. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Account may be transferred
to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8103. From funds made available in title II of this
Act, the Secretary of Defense may purchase for use by
military and civilian employees of the Department of Defense
in the United States Central Command area of responsibility:
(1) passenger motor vehicles up to a limit of $75,000 per
vehicle; and (2) heavy and light armored vehicles for the
physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
Sec. 8104. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8105. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8106. (a) None of the funds made available by this or
any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to any
corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the
unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable
Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8107. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the
``Explanation of Project Level Adjustments'' tables in the
explanatory statement regarding this Act, may be used for
expenses for the agile research, development, test and
evaluation, procurement, production, modification, and
operation and maintenance, only for the following Software
and Digital Technology Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System (PE 0303150K); and
(7) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior
Department of Defense Appropriations Acts may be obligated or
expended to initiate additional Software and Digital
Technology Pilot Programs in fiscal year 2023.
Sec. 8108. In addition to amounts provided elsewhere in
this Act, there is appropriated $686,500,000, for an
additional amount for ``Operation and Maintenance, Defense-
Wide'', to remain available until expended: Provided, That
such funds shall only be available to the Secretary of
Defense, acting through the Office of Local Defense Community
Cooperation of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other
provision of law, to make grants, conclude cooperative
agreements, or supplement other Federal funds to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address
capacity or facility condition deficiencies at such schools:
Provided further, That in making such funds available, the
Office of Local Defense Community Cooperation or the
Secretary of Education shall give priority consideration to
those military installations with schools having the most
serious capacity or facility condition deficiencies as
determined by the Secretary of Defense: Provided further,
That as a condition of receiving funds under this section a
local educational agency or State shall provide a matching
share as described in the notice titled ``Department of
Defense Program for Construction, Renovation, Repair or
Expansion of Public Schools Located on Military
Installations'' published by the Department of Defense in the
Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et
seq.): Provided further, That these provisions apply to funds
provided under this section, and to funds previously provided
by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military
installations in order to address capacity or facility
condition deficiencies at such schools to the extent such
funds remain unobligated on the date of enactment of this
section.
Sec. 8109. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 8110. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $300,000,000, to
remain available until September 30, 2024, shall be for the
Ukraine Security Assistance Initiative: Provided, That such
funds shall be available to the Secretary of Defense, with
the concurrence of the Secretary of State, to provide
assistance, including training; equipment; lethal assistance;
logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the
military and national security forces of Ukraine, and to
other forces or groups recognized by and under the authority
of the Government of Ukraine, including governmental entities
within Ukraine, engaged in resisting Russian aggression
against Ukraine, for replacement of any weapons or articles
provided to the Government of Ukraine from the inventory of
the United States, and to recover or dispose of equipment
procured using funds made available in this section in this
or prior Acts: Provided further, That the Secretary of
Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall, not more than 60 days after such notification
is made, inform such committees if such funds have not been
obligated and the reasons therefor: Provided further, That
the Secretary of Defense shall consult with such committees
in advance of the provision of support provided to other
forces or groups recognized by and under the authority of the
Government of Ukraine: Provided further, That the United
States may accept equipment procured using funds made
available in this section in this or prior Acts transferred
to the security forces of Ukraine and returned by such forces
to the United States: Provided further, That equipment
procured using funds made available in this section in this
or prior Acts, and not yet transferred to the military or
national security forces of Ukraine or to other assisted
entities, or returned by such forces or other assisted
entities to the United States, may be treated as stocks of
the Department of Defense upon written notification to the
congressional defense committees: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use and status of
funds made available in this section.
Sec. 8111. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, such contributions shall,
upon receipt, be credited to the appropriations or fund which
incurred such obligations.
Sec. 8112. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $1,510,260,000, to
remain available until September 30, 2024, shall be available
for International Security Cooperation Programs and other
programs to provide support and assistance to foreign
security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds made available in this section, notify the
congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this
section.
Sec. 8113. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $410,000,000, to
remain available until September 30, 2024, shall be available
to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under
section 1226 of the National Defense Authorization Act for
Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border
security, of which not less than $150,000,000 shall be for
Jordan: Provided, That the Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in
this section, notify the congressional defense
[[Page H10120]]
committees in writing of the details of any planned
obligation and the nature of the expenses incurred: Provided
further, That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the
House of Representatives and the Senate on the use and status
of funds made available in this section.
Sec. 8114. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8115. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8116. None of the funds made available by this Act
may be made available for any member of the Taliban.
Sec. 8117. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance
with section 8005 of this Act.
Sec. 8118. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General
shall submit to the congressional defense committees a report
containing the results of the review conducted with respect
to such waiver.
(including transfer of funds)
Sec. 8119. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act,
$1,000,000,000, to remain available until September 30, 2024,
is hereby appropriated to the Department of Defense and made
available for transfer only to other appropriations available
to the Department of Defense in Department of Defense
Appropriations Acts: Provided, That such funds shall be
available to the Secretary of Defense for the purpose of
conducting activities relating to improvements of
infrastructure and defueling at the Red Hill Bulk Fuel
Storage Facility: Provided further, That amounts transferred
pursuant to this appropriation shall be merged with, and be
available for the same purposes and time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided in this section, such amounts may be
transferred back to this section: Provided further, That the
transfer authority provided pursuant to this section is in
addition to any other transfer authority provided by law:
Provided further, That not less than 30 days prior to any
transfer of funds pursuant to this section, the Secretary of
Defense shall notify the congressional defense committees of
the details of any such transfer: Provided further, That not
later than 60 days after the enactment of this Act and every
30 days thereafter through fiscal year 2024, the Secretary of
Defense shall submit a report to the Committees on
Appropriations of the House of Representatives and Senate,
setting forth all categories and amounts of obligations and
expenditures made under the authority provided in this
section.
Sec. 8120. (a) Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to
the Secretary of State, for use by the United States Agency
for International Development, amounts to be used for the
Bien Hoa dioxin cleanup in Vietnam.
(b) Not more than $15,000,000 may be transferred in each of
fiscal years 2024 through 2030 under the transfer authority
in subsection (a).
(c) The transfer authority in subsection (a) is in addition
to any other transfer authority available to the Department
of Defense.
(d) If the Secretary of Defense determines to use the
transfer authority in subsection (a), the Secretary shall
notify the congressional defense committees of that
determination not later than 30 days before the Secretary
uses the transfer authority.
(including transfer of funds)
Sec. 8121. In addition to amounts appropriated in title
III, title IV, or otherwise made available elsewhere in this
Act, $1,052,501,000 is hereby appropriated to the Department
of Defense and made available for transfer to the procurement
and research, development, test and evaluation accounts of
the Army, Navy, Marine Corps, Air Force, and Space Force to
reflect revised economic assumptions: Provided, That the
transfer authority provided under this section is in addition
to any other transfer authority provided elsewhere in this
Act: Provided further, That none of the funds provided under
this section may be obligated or expended until 30 days after
the Secretary of Defense provides the Committees on
Appropriations of the House of Representatives and the Senate
a detailed execution plan for such funds.
Sec. 8122. Notwithstanding any other provision of this
Act, to reflect savings due to favorable foreign exchange
rates, the total amount appropriated in this Act is hereby
reduced by $956,400,000.
Sec. 8123. Equipment procured using funds provided in
prior Acts under the heading ``Counterterrorism Partnerships
Fund'' for the program authorized by section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
or under the heading ``Iraq Train and Equip Fund'' for the
program authorized by section 1236 of such Act, and not yet
transferred to authorized recipients may be transferred to
foreign security forces, irregular forces, groups, or
individuals, authorized to receive assistance using amounts
provided under the heading ``Counter-ISIS Train and Equip
Fund'' in this Act: Provided, That such equipment may be
transferred 15 days following written notification to the
congressional defense committees.
Sec. 8124. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $25,000,000, to
remain available until September 30, 2024, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations to counter
the Islamic State of Iraq and Syria: Provided, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary
of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following written
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the
purpose of providing specialized training and procuring
supplies and specialized equipment and providing such
supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military
and stability operations to counter the Islamic State of Iraq
and Syria, and 15 days following written notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds
made available in this section.
Sec. 8125. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8126. None of the funds appropriated or otherwise
made available by this Act may be used to transfer the
National Reconnaissance Office to the Space Force: Provided,
That nothing in this Act shall be construed to limit or
prohibit cooperation, collaboration, and coordination between
the National Reconnaissance Office and the Space Force or any
other elements of the Department of Defense.
Sec. 8127. Funds awarded pursuant to the authority in
section 8085 of the Department of Defense Appropriations Act,
2010 (Public Law 111-118) to the Edward M. Kennedy Institute
for the Senate may be used for facility operations and
maintenance, and program activities, without regard to any
previous endowment disbursement limitations.
Sec. 8128. The Secretary of Defense shall notify the
congressional defense committees in writing not more than 30
days after the receipt of any contribution of funds received
from the government of a foreign country for any purpose
relating to the stationing or operations of the United States
Armed Forces: Provided, That such notification shall include
the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such
contribution was accepted by the Secretary of Defense:
Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit
to the congressional defense committees in writing a
notification of the planned use of such contributions,
including whether such contributions would support existing
or new stationing or operations of the United States Armed
Forces.
[[Page H10121]]
Sec. 8129. (a) The Chairman of the Joint Chiefs, in
coordination with the Secretaries of the military departments
and the Chiefs of the Armed Forces, shall submit to the
congressional defense committees, not later than 30 days
after the last day of each quarter of the fiscal year, a
report on the use of operation and maintenance funds for
activities or exercises in excess of $5,000,000 that have
been designated by the Secretary of Defense as unplanned
activities for fiscal year 2023.
(b) Each report required by subsection (a) shall also
include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise
(including an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as
transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Sec. 8130. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations
of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign
country, is opened or closed, the Secretary of Defense shall
notify the congressional defense committees in writing of the
opening or closing of such base: Provided, That such
notification shall also include information on any personnel
changes, costs, and savings associated with the opening or
closing of such base.
Sec. 8131. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States Armed Forces into hostilities
in Iraq, into situations in Iraq where imminent involvement
in hostilities is clearly indicated by the circumstances, or
into Iraqi territory, airspace, or waters while equipped for
combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such
Resolution (50 U.S.C. 1542 and 1543).
Sec. 8132. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8133. Nothing in this Act may be construed as
authorizing the use of force against Iran or the Democratic
People's Republic of Korea.
Sec. 8134. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8135. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'', and
under the heading ``Operation and Maintenance, Defense-Wide''
for Department of Defense security cooperation grant
programs, may be used to procure or transfer man-portable air
defense systems.
Sec. 8136. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 8137. None of the funds made available by this Act
may be used to support any activity conducted by, or
associated with, the Wuhan Institute of Virology.
Sec. 8138. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8139. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8140. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
Sec. 8141. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8142. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 8143. None of the funds made available by this Act
may be used to fund any work to be performed by EcoHealth
Alliance, Inc. in China on research supported by the
government of China unless the Secretary of Defense
determines that a waiver to such prohibition is in the
national security interests of the United States and, not
later than 14 days after granting such a waiver, submits to
the congressional defense committees a detailed justification
for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8144. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available
from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund for fiscal
year 2023 pursuant to the transfer authority in section
102(b)(1) of the CHIPS Act of 2022 (division A of Public Law
117-167), to the account specified, in the amounts specified,
and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and
Science Act Fiscal Year 2023'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(b)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of
a fiscal year for the Department of Defense: Provided, That
in any fiscal year, the matter preceding this proviso shall
not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated
using funds transferred from the CHIPS for America Defense
Fund, which may be allocated pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 only
in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated
by subsection (a) of this section, subject to the terms and
conditions contained in the provisos in section 8005 of this
Act: Provided, That amounts may be reallocated pursuant to
this subsection only for those requirements necessary to
carry out section 9903(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(d) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of Defense
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by
account and by program, project, or activity, with detailed
justifications, for amounts made available under section
102(b)(2) of the CHIPS Act of 2022 for fiscal year 2024.
(e) The Department of Defense shall provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and
activities funded by the CHIPS for America Defense Fund for
amounts allocated pursuant to subsection (a) of this section,
including all uncommitted, committed, and unobligated funds.
Sec. 8145. The Secretary of the Navy shall continue to
provide pay and allowances to Lieutenant Ridge Alkonis,
United States Navy, until such time as the Secretary of the
Navy makes a determination with respect to the separation of
Lieutenant Alkonis from the Navy.
This division may be cited as the ``Department of Defense
Appropriations Act, 2023''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic
ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related
[[Page H10122]]
needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects, and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations, and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $172,500,000, to remain
available until expended: Provided, That the Secretary shall
not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.
construction
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,808,800,000, to remain available until
expended; of which $75,518,000, to be derived from the Harbor
Maintenance Trust Fund, shall be to cover the Federal share
of construction costs for facilities under the Dredged
Material Disposal Facilities program; and of which such sums
as are necessary to cover 35 percent of the costs of
construction, replacement, rehabilitation, and expansion of
inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That the Secretary shall not
deviate from the work plan, once the plan has been submitted
to the Committees on Appropriations of both Houses of
Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$370,000,000, to remain available until expended, of which
$15,390,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible
operation and maintenance costs for inland harbors: Provided,
That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $5,078,500,000, to remain
available until expended, of which $2,227,092,000, to be
derived from the Harbor Maintenance Trust Fund, shall be to
cover the Federal share of eligible operations and
maintenance costs for coastal harbors and channels, and for
inland harbors; of which such sums as become available from
the special account for the Corps of Engineers established by
the Land and Water Conservation Fund Act of 1965 shall be
derived from that account for resource protection, research,
interpretation, and maintenance activities related to
resource protection in the areas at which outdoor recreation
is available; of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall
be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have
been collected; and of which $56,000,000, to be derived from
the general fund of the Treasury, shall be to carry out
subsection (c) of section 2106 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c) and shall be
designated as being for such purpose pursuant to paragraph
(2)(B) of section 14003 of division B of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136):
Provided, That 1 percent of the total amount of funds
provided for each of the programs, projects, or activities
funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by
the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate
during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in
accordance with the amounts provided for the programs,
projects, or activities: Provided further, That the Secretary
shall not deviate from the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.
regulatory program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$218,000,000, to remain available until September 30, 2024.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation's early atomic energy program, $400,000,000, to
remain available until expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters
as authorized by law, $35,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division
Engineers; and for costs of management and operation of the
Humphreys Engineer Center Support Activity, the Institute for
Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of
Engineers Finance Center allocable to the civil works
program, $215,000,000, to remain available until September
30, 2024, of which not to exceed $5,000 may be used for
official reception and representation purposes and only
during the current fiscal year: Provided, That no part of any
other appropriation provided in this title shall be available
to fund the civil works activities of the Office of the Chief
of Engineers or the civil works executive direction and
management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other
natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for
Civil Works as authorized by 10 U.S.C. 3016(b)(3),
$5,000,000, to remain available until September 30, 2024:
Provided, That not more than 75 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act
and a work plan that allocates at least 95 percent of the
additional funding provided under each heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), to specific
programs, projects, or activities.
water infrastructure finance and innovation program account
For administrative expenses to carry out the direct and
guaranteed loan programs authorized by the Water
Infrastructure Finance and Innovation Act of 2014,
$7,200,000, to remain available until September 30, 2024.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2023, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
[[Page H10123]]
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) De Minimus Reprogrammings.--In no case should a
reprogramming for less than $50,000 be submitted to the
Committees on Appropriations of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations of both Houses of Congress to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year which shall
include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made
available in this Act solely in accordance with the
provisions of this Act and in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
Sec. 103. None of the funds made available in this title
may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program,
project, or activity that remain unobligated, except that
such amounts may include any funds that have been made
available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service
may accept and expend, up to $5,400,000 of funds provided in
this title under the heading ``Operation and Maintenance'' to
mitigate for fisheries lost due to Corps of Engineers
projects.
Sec. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material,
after evaluating the least costly, environmentally acceptable
manner for the disposal or management of dredged material
originating from Lake Erie or tributaries thereto, unless it
is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open
lake placement alternative for dredged material is approved
under a State water quality certification, the Corps of
Engineers shall continue upland placement of such dredged
material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act may
be used to carry out any water supply reallocation study
under the Wolf Creek Dam, Lake Cumberland, Kentucky, project
authorized under the Act of July 24, 1946 (60 Stat. 636, ch.
595).
Sec. 107. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the
Civil Works functions or authority of the Corps of Engineers
or the Secretary of the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the
Chief of Engineers.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah
Project Completion Act, $23,000,000, to remain available
until expended, of which $5,000,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for
use by the Utah Reclamation Mitigation and Conservation
Commission: Provided, That of the amount provided under this
heading, $1,600,000 shall be available until September 30,
2024, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided
further, That for fiscal year 2023, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,880,000 for
administrative expenses.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
Tribes, and others, $1,787,151,000, to remain available until
expended, of which $22,165,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$7,584,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund: Provided, That $500,000 shall be available for transfer
into the Aging Infrastructure Account established by section
9603(d)(1) of the Omnibus Public Land Management Act of 2009,
as amended (43 U.S.C. 510b(d)(1)): Provided further, That
such transfers, except for the transfer authorized by the
preceding proviso, may be increased or decreased within the
overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program
activities that can be financed by the Reclamation Fund, the
Water Storage Enhancement Receipts account established by
section 4011(e) of Public Law 114-322, or the Bureau of
Reclamation special fee account established by 16 U.S.C. 6806
shall be derived from that Fund or account: Provided further,
That funds contributed under 43 U.S.C. 395 are available
until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That of
the amounts made available under this heading, $10,000,000
shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of division B of
appendix D of Public Law 106-554: Provided further, That of
the amounts provided herein, funds may be used for high-
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided
further, That within available funds, $250,000 shall be for
grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of
Public Law 114-322 and as recommended by the Secretary in a
letter dated November 30, 2022, funding provided for such
purpose in fiscal years 2021 and 2022 shall be made available
to the Los Vaqueros Reservoir Expansion Project Phase 2, and
the North-of-the-Delta Off Stream Storage (Sites Reservoir
Project): Provided further, That in accordance with section
4009(a) of Public Law 114-322 and as recommended by the
Secretary in a letter dated November 30, 2022, funding
provided for such purpose in fiscal year 2022 shall be made
available to the El Paso Water Utilities Public Service
Board: Provided further, That in accordance with section
4009(c) of Public Law 114-322 and as recommended by the
Secretary in a letter dated November 30, 2022, funding
provided for such purpose in fiscal year 2022 shall be made
available to the Eastern Municipal Water District.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, such sums as may be
collected in fiscal year 2023 in the Central Valley Project
Restoration Fund pursuant to sections 3407(d), 3404(c)(3),
and 3405(f) of Public Law 102-575, to remain available until
expended: Provided, That the Bureau of Reclamation is
directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102-575: Provided further, That
none of the funds made available under this heading may be
used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream
purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent
with plans to be approved by the Secretary of the Interior,
$33,000,000, to remain available until expended, of which
such amounts as may be necessary to carry out such activities
may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized
purposes: Provided, That funds appropriated herein may be
used for the Federal share of the costs of Calfed Program
management: Provided further, That Calfed implementation
shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and
related functions in the Office of the Commissioner, the
Denver office, and offices in the six regions of the Bureau
of Reclamation, to remain available until September 30, 2024,
$65,079,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be
available for purchase and replacement of not to exceed 30
motor vehicles, which are for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous or subsequent appropriations Acts to the agencies or
entities funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2023, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or
[[Page H10124]]
restricted by this Act, unless prior approval is received
from the Committees on Appropriations of both Houses of
Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $400,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) Except as provided in subsections (a) and (b), the
amounts made available in this title under the heading
``Bureau of Reclamation--Water and Related Resources'' shall
be expended for the programs, projects, and activities
specified in the ``Final Bill'' columns in the ``Water and
Related Resources'' table included under the heading ``Title
II--Department of the Interior'' in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of both
Houses of Congress detailing all the funds reprogrammed
between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not
later than 60 days after the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program--Alternative
Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
striking ``$750,000,000'' and inserting ``$820,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) (118 Stat. 1681), as amended by
section 204 of division D of Public Law 117-103, shall be
applied by substituting ``2023'' for ``2022'' each place it
appears.
(b) Section 103(f)(4)(A) of Public Law 108-361 (the Calfed
Bay-Delta Authorization Act) is amended by striking
``$25,000,000'' and inserting ``$30,000,000''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus
Public Land Management Act of 2009) shall be applied by
substituting ``2023'' for ``2022''.
Sec. 206. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c))
shall be applied by substituting ``2023'' for ``2022''.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by
substituting ``2023'' for ``2022'' and by substituting
``$130,000,000'' for ``$120,000,000''.
Sec. 207. Section 529(b)(3) of the Water Resources
Development Act of 2000 (Public Law 106-541) as amended, is
amended by striking ``$30,000,000'' and inserting
``$40,000,000''.
Sec. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for
any project recommended after enactment of the Energy and
Water Development and Related Agencies Appropriations Act,
2020 and prior to enactment of this Act by the Secretary of
the Interior and transmitted to the appropriate committees of
Congress pursuant to section 4007 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) if such
project is not named in this Act, Public Law 116-260, or
Public Law 117-43.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $3,460,000,000, to
remain available until expended: Provided, That of such
amount, $223,000,000 shall be available until September 30,
2024, for program direction.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy sector cybersecurity,
energy security, and emergency response activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $200,000,000, to remain available until
expended: Provided, That of such amount, $25,143,000 shall be
available until September 30, 2024, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $350,000,000, to remain available until
expended: Provided, That of such amount, $23,000,000 shall be
available until September 30, 2024, for program direction.
Nuclear Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,473,000,000, to remain available until
expended, of which $20,000,000 shall be transferred to
``Department of Energy--Energy Programs--Science'', for hot
cells operations and maintenance: Provided, That of such
amount, $85,000,000 shall be available until September 30,
2024, for program direction: Provided further, That for the
purpose of section 954(a)(6) of the Energy Policy Act of
2005, as amended, the only amount available shall be from the
amount specified as including that purpose in the ``Final
Bill'' column in the ``Department of Energy'' table included
under the heading ``Title III--Department of Energy'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Fossil Energy and Carbon Management
For Department of Energy expenses necessary in carrying out
fossil energy and carbon management research and development
activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition of interest, including defeasible and equitable
interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research
concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603),
$890,000,000, to remain available until expended: Provided,
That of such amount $70,000,000 shall be available until
September 30, 2024, for program direction.
Energy Projects
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), $221,968,652, to remain available until expended, for
projects specified in the table that appears under the
heading ``Community Project Funding and Congressionally
Directed Spending of Energy Projects'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities,
$13,004,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all
naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and
program management activities pursuant to the Energy Policy
and Conservation Act (42 U.S.C. 6201 et seq.), $207,175,000,
to remain available until expended.
[[Page H10125]]
SPR Petroleum Account
For the acquisition, transportation, and injection of
petroleum products, and for other necessary expenses pursuant
to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), sections 403 and 404 of the
Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note),
section 32204 of the Fixing America's Surface Transportation
Act (42 U.S.C. 6241 note), and section 30204 of the
Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note),
$100,000, to remain available until expended: Provided, That
of the unobligated balances from amounts deposited under this
heading pursuant to section 167(b)(3) of the Energy Policy
and Conservation Act (42 U.S.C. 6247(b)(3)), $2,052,000,000
is hereby permanently rescinded not later than September 30,
2023.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), $7,000,000, to remain available
until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$135,000,000, to remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
one passenger motor vehicle, $358,583,000, to remain
available until expended: Provided, That in addition, fees
collected pursuant to subsection (b)(1) of section 6939f of
title 42, United States Code, and deposited under this
heading in fiscal year 2023 pursuant to section 309 of title
III of division C of Public Law 116-94 are appropriated, to
remain available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and
decommissioning, remedial actions, and other activities of
title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $879,052,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $14,800,000 shall be available in accordance with title
X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and purchase of not more than 35 passenger
motor vehicles, including one ambulance, for replacement
only, $8,100,000,000, to remain available until expended:
Provided, That of such amount, $211,211,000 shall be
available until September 30, 2024, for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear
waste disposal activities to carry out the purposes of the
Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended, $10,205,000, to remain available until expended,
which shall be derived from the Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying
out the activities of technology transitions, $22,098,000, to
remain available until expended: Provided, That of such
amount, $13,183,000 shall be available until September 30,
2024, for program direction.
Clean Energy Demonstrations
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for clean energy demonstrations
in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $89,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be
available until September 30, 2024, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America
COMPETES Act (Public Law 110-69), $470,000,000, to remain
available until expended: Provided, That of such amount,
$37,000,000 shall be available until September 30, 2024, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative
Technology Loan Guarantee Program, as authorized, $66,206,000
is appropriated, to remain available until September 30,
2024: Provided further, That up to $66,206,000 of fees
collected in fiscal year 2023 pursuant to section 1702(h) of
the Energy Policy Act of 2005 shall be credited as offsetting
collections under this heading and used for necessary
administrative expenses in this appropriation and shall
remain available until September 30, 2024: Provided further,
That to the extent that fees collected in fiscal year 2023
exceed $66,206,000, those excess amounts shall be credited as
offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in
appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2023 (estimated at
$35,000,000) and (2) to the extent that any remaining general
fund appropriations can be derived from fees collected in
previous fiscal years that are not otherwise appropriated, so
as to result in a final fiscal year 2023 appropriation from
the general fund estimated at $0: Provided further, That the
Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation
of section 609.10 of title 10, Code of Federal Regulations.
Of the unobligated balances from amounts made available in
the first proviso of section 1425 of the Department of
Defense and Full-Year Continuing Appropriations Act, 2011
(Public Law 112-10) for the cost of loan guarantees under
section 1703 of the Energy Policy Act of 2005, $150,000,000
are hereby permanently rescinded: Provided, That, subject to
section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans for eligible projects under
title XVII of the Energy Policy Act of 2005, shall not exceed
a total principal amount of $15,000,000,000, to remain
available until committed: Provided further, That the amounts
provided under this paragraph are in addition to those
provided in any other Act: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy
Act of 2005, the source of such payment received from
borrowers may not be a loan or other debt obligation that is
guaranteed by the Federal Government: Provided further, That
none of such loan guarantee authority made available under
this paragraph shall be available for commitments to
guarantee loans for any projects where funds, personnel, or
property (tangible or intangible) of any Federal agency,
instrumentality, personnel, or affiliated entity are expected
be used (directly or indirectly) through acquisitions,
contracts, demonstrations, exchanges, grants, incentives,
leases, procurements, sales, other transaction authority, or
other arrangements, to support the project or to obtain goods
or services from the project: Provided further, That the
preceding proviso shall not be interpreted as precluding the
use of the loan guarantee authority provided under this
paragraph for commitments to guarantee loans for: (1)
projects as a result of such projects benefitting from
otherwise allowable Federal income tax benefits; (2) projects
as a result of such projects benefitting from being located
on Federal land pursuant to a lease or right-of-way agreement
for which all consideration for all uses is: (A) paid
exclusively in cash; (B) deposited in the Treasury as
offsetting receipts; and (C) equal to the fair market value
as determined by the head of the relevant Federal agency; (3)
projects as a result of such projects benefitting from
Federal insurance programs, including under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known
as the ``Price-Anderson Act''); or (4) electric generation
projects using transmission facilities owned or operated by a
Federal Power Marketing Administration or the Tennessee
Valley Authority that have been authorized, approved, and
financed independent of the project receiving the guarantee:
Provided further, That none of the loan guarantee authority
made available under this paragraph shall be available for
any project unless the Director of the Office of Management
and Budget has certified in advance in writing that the loan
guarantee and the project comply with the provisions under
this paragraph.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $9,800,000, to remain available
until September 30, 2024.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2024:
Provided, That in this fiscal year and subsequent fiscal
years, under section 2602(c) of the Energy Policy Act of 1992
(25 U.S.C. 3502(c)), the Secretary of Energy may also provide
direct loans, as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a): Provided further, That
such direct loans shall be made through the Federal Financing
Bank, with the full faith and credit of the United States
Government on the principal and interest: Provided further,
That any funds previously appropriated for the cost of loan
guarantees under section 2602(c) of the Energy Policy Act of
1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal
year and subsequent fiscal years, for the cost of direct
loans provided under such section of such Act: Provided
further, That for the cost of direct loans for the Tribal
Energy Loan Guarantee Program as provided for in the
preceding
[[Page H10126]]
three provisos and for the cost of guaranteed loans for such
program under section 2602(c) of the Energy Policy Act of
1992 (25 U.S.C. 3502(c)), $2,000,000, to remain available
until expended: Provided further, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a).
Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, to
remain available until expended: Provided, That of the amount
appropriated under this heading, $14,000,000 shall be
available until September 30, 2024, for program direction.
Departmental Administration
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), $383,578,000, to remain available until
September 30, 2024, including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $30,000, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further,
That moneys received by the Department for miscellaneous
revenues estimated to total $100,578,000 in fiscal year 2023
may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation from the
general fund estimated at not more than $283,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $86,000,000, to remain available until
September 30, 2024.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $17,116,119,000, to
remain available until expended: Provided, That of such
amount, $130,070,000 shall be available until September 30,
2024, for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,490,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $2,081,445,000, to remain
available until expended, of which, $99,747,000 shall be
transferred to ``Department of Energy--Energy Programs--
Nuclear Energy'', for the Advanced Test Reactor: Provided,
That of such amount, $58,525,000 shall be available until
September 30, 2024, for program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $475,000,000,
to remain available until September 30, 2024, including
official reception and representation expenses not to exceed
$17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, $7,025,000,000, to
remain available until expended: Provided, That of such
amount, $317,002,000 shall be available until September 30,
2024, for program direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense
environmental cleanup activities for Department of Energy
contributions for uranium enrichment decontamination and
decommissioning activities, $586,035,000, to be deposited
into the Defense Environmental Cleanup account, which shall
be transferred to the ``Uranium Enrichment Decontamination
and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, $1,035,000,000, to remain available until
expended: Provided, That of such amount, $364,734,000 shall
be available until September 30, 2024, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for
the Colville Tribes Residents Fish Hatchery Expansion, Chief
Joseph Hatchery Water Quality Project, and Umatilla Hatchery
Facility Project and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2023, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, including transmission wheeling and
ancillary services, pursuant to section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $8,173,000, including official
reception and representation expenses in an amount not to
exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944, up to $8,173,000 collected by the
Southeastern Power Administration from the sale of power and
related services shall be credited to this account as
discretionary offsetting collections, to remain available
until expended for the sole purpose of funding the annual
expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2023
appropriation estimated at not more than $0: Provided
further, That notwithstanding 31 U.S.C. 3302, up to
$78,696,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to
recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses
means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and
wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of
power transmission facilities and for marketing electric
power and energy, for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception
and representation expenses in an amount not to exceed $1,500
in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $53,488,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
up to $42,880,000 collected by the Southwestern Power
Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Southwestern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $10,608,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $70,000,000 collected
by the Southwestern Power Administration pursuant to the
Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, $299,573,000,
including official reception and representation expenses in
an amount not to exceed $1,500, to remain available until
expended, of which $299,573,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), and section 1 of the
Interior Department
[[Page H10127]]
Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000
collected by the Western Area Power Administration from the
sale of power and related services shall be credited to this
account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the
annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during
the fiscal year so as to result in a final fiscal year 2023
appropriation estimated at not more than $98,732,000, of
which $98,732,000 is derived from the Reclamation Fund:
Provided further, That notwithstanding 31 U.S.C. 3302, up to
$475,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and
the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams,
$6,330,000, to remain available until expended, and to be
derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in
section 2 of the Act of June 18, 1954 (68 Stat. 255):
Provided, That notwithstanding the provisions of that Act and
of 31 U.S.C. 3302, up to $6,102,000 collected by the Western
Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited
to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of
funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as
collections are received during the fiscal year so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $228,000: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2023, the
Administrator of the Western Area Power Administration may
accept up to $1,598,000 in funds contributed by United States
power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which
contributed in like manner as if said sums had been
specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further
appropriation and without fiscal year limitation for use by
the Commissioner of the United States Section of the
International Boundary and Water Commission for the sole
purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these
Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
services as authorized by 5 U.S.C. 3109, official reception
and representation expenses not to exceed $3,000, and the
hire of passenger motor vehicles, $508,400,000, to remain
available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $508,400,000 of
revenues from fees and annual charges, and other services and
collections in fiscal year 2023 shall be retained and used
for expenses necessary in this account, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
revenues are received during fiscal year 2023 so as to result
in a final fiscal year 2023 appropriation from the general
fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (a) No appropriation, funds, or authority made
available by this title for the Department of Energy shall be
used to initiate or resume any program, project, or activity
or to prepare or initiate Requests For Proposals or similar
arrangements (including Requests for Quotations, Requests for
Information, and Funding Opportunity Announcements) for a
program, project, or activity if the program, project, or
activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the
Committees on Appropriations of both Houses of Congress at
least 3 full business days in advance, none of the funds made
available in this title may be used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including
a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days
of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less
than $1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the
report required by paragraph (2) shall include the recipient
of the award, the amount of the award, the fiscal year for
which the funds for the award were appropriated, the account
and program, project, or activity from which the funds are
being drawn, the title of the award, and a brief description
of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made
available in this title under the heading ``Department of
Energy--Energy Programs'', enter into a multiyear contract,
award a multiyear grant, or enter into a multiyear
cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g),
the amounts made available by this title shall be expended as
authorized by law for the programs, projects, and activities
specified in the ``Final Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department shall notify, and obtain the prior approval of,
the Committees on Appropriations of both Houses of Congress
at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than
$5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be
available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds
made available for the Department of Energy if compliance
with such requirement or restriction would pose a substantial
risk to human health, the environment, welfare, or national
security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3
days after the date of the activity to which a requirement or
restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2023 until the enactment of the Intelligence
Authorization Act for fiscal year 2023.
Sec. 303. None of the funds made available in this title
shall be used for the construction of facilities classified
as high-hazard nuclear facilities under 10 CFR Part 830
unless independent oversight is conducted by the Office of
Enterprise Assessments to ensure the project is in compliance
with nuclear safety requirements.
Sec. 304. None of the funds made available in this title
may be used to approve critical decision-2 or critical
decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects
where the total project cost exceeds $100,000,000, until a
separate independent cost estimate has been developed for the
project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination
by the President in this fiscal year that a regional supply
shortage of refined petroleum product of significant scope
and duration exists, that a severe increase in the price of
refined petroleum product will likely result from such
shortage, and that a draw down and sale of refined petroleum
product would assist directly and significantly in reducing
the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the
Strategic Petroleum Reserve. Proceeds from a sale under this
section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247), and such amounts shall be
available for obligation, without fiscal year limitation,
consistent with that section.
[[Page H10128]]
Sec. 306. No funds shall be transferred directly from
``Department of Energy--Power Marketing Administration--
Colorado River Basins Power Marketing Fund, Western Area
Power Administration'' to the general fund of the Treasury in
the current fiscal year.
Sec. 307. All unavailable collections currently in the
United States Enrichment Corporation Fund shall be
transferred to and merged with the Uranium Enrichment
Decontamination and Decommissioning Fund and shall be
available only to the extent provided in advance in
appropriations Acts.
Sec. 308. Subparagraphs (B) and (C) of section 40401(a)(2)
of Public Law 117-58, paragraph (3) of section 1702(r) of the
Energy Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by
section 40401(c)(2)(C) of Public Law 117-58, and subsection
(l) of section 136 of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17013(l)), are hereby repealed.
Sec. 309. (a) Hereafter, for energy development,
demonstration, and deployment programs funded under
Department of Energy appropriations (other than those for the
National Nuclear Security Administration and Office of
Environmental Management) provided for fiscal year 2022, the
current fiscal year, or any fiscal year thereafter (including
by Acts other than appropriations Acts), the Secretary may
vest unconditional title or other property interests acquired
under projects in an award recipient, subrecipient, or
successor in interest, including the United States, at the
conclusion of the award period for projects receiving an
initial award in fiscal year 2022 or later.
(b) Upon vesting unconditional title pursuant to subsection
(a) in an award recipient, subrecipient, or successor in
interest other than the United States, the United States
shall have no liabilities or obligations to the property.
(c) For purposes of this section, the term ``property
interest'' does not include any interest in intellectual
property developed using funding provided under a project.
Sec. 310. None of the funds made available in this title
may be used to support a grant allocation award,
discretionary grant award, or cooperative agreement that
exceeds $100,000,000 in Federal funding unless the project is
carried out through internal independent project management
procedures.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, and for expenses necessary for the Federal Co-
Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services
as authorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $200,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100-456,
section 1441, $41,401,000, to remain available until
September 30, 2024, of which not to exceed $1,000 shall be
available for official reception and representation expenses.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, notwithstanding sections
382F(d), 382M, and 382N of said Act, $30,100,000, to remain
available until expended.
Denali Commission
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and
capital equipment as necessary and other expenses,
$17,000,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds
shall be available for construction projects for which the
Denali Commission is the sole or primary funding source in an
amount not to exceed 80 percent of total project cost for
distressed communities, as defined by section 307 of the
Denali Commission Act of 1998 (division C, title III, Public
Law 105-277), as amended by section 701 of appendix D, title
VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount
not to exceed 50 percent for non-distressed communities:
Provided further, That notwithstanding any other provision of
law regarding payment of a non-Federal share in connection
with a grant-in-aid program, amounts under this heading shall
be available for the payment of such a non-Federal share for
any project for which the Denali Commission is not the sole
or primary funding source, provided that such project is
consistent with the purposes of the Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $40,000,000, to remain
available until expended: Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $20,000,000, to remain
available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle
V of title 40, United States Code, $5,000,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $911,384,000, including official
representation expenses not to exceed $25,000, to remain
available until expended: Provided, That of the amount
appropriated herein, not more than $9,500,000 may be made
available for salaries, travel, and other support costs for
the Office of the Commission, to remain available until
September 30, 2024: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $777,498,000 in fiscal year 2023
shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2023 so as to result in
a final fiscal year 2023 appropriation estimated at not more
than $133,886,000.
office of inspector general
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $15,769,000, to remain available until September 30,
2024: Provided, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$12,655,000 in fiscal year 2023 shall be retained and be
available until September 30, 2024, for necessary salaries
and expenses in this account, notwithstanding section 3302 of
title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2023 so as to result in
a final fiscal year 2023 appropriation estimated at not more
than $3,114,000: Provided further, That of the amounts
appropriated under this heading, $1,520,000 shall be for
Inspector General services for the Defense Nuclear Facilities
Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,945,000, to be derived from the Nuclear Waste Fund,
to remain available until September 30, 2024.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal
Commission Procedures when responding to Congressional
requests for information, consistent with Department of
Justice guidance for all Federal agencies.
Sec. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall
notify the Committees on Appropriations of both Houses of
Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to
increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with
such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of
any waiver under paragraph (1) as soon as practicable, but
not later than 3 days after the date of the activity to which
a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall
provide a detailed report to the Committees of such waiver
and changes to funding levels to programs, projects, or
activities.
(c) Except as provided in subsections (a), (b), and (d),
the amounts made available by this title for ``Nuclear
Regulatory Commission--Salaries and Expenses'' shall be
expended as directed in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure
through a reprogramming of funds that increases funds or
personnel for any program, project, or activity for which
funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress,
which includes the following for each program, project, or
activity, including any prior year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for
[[Page H10129]]
any fiscal year, transfer authority referenced in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government
may be transferred to accounts funded in title III of this
Act, except pursuant to a transfer made by or transfer
authority provided in this Act or any other appropriations
Act for any fiscal year, transfer authority referenced in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any
authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to
another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in
this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a
semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or
instrumentality of the United States Government may provide
goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the
year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred,
and shall not replace or modify existing notification
requirements for each authority.
Sec. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of
February 11, 1994 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2023''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to State, local, and
territorial entities; and Treasury-wide management policies
and programs activities, $273,882,000, of which not less than
$12,000,000 shall be available for the administration of
financial assistance, in addition to amounts otherwise
available for such purposes: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until
September 30, 2024, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign
Investment in the United States, $21,000,000, to remain
available until expended: Provided, That the chairperson of
the Committee may transfer such amounts to any department or
agency represented on the Committee (including the Department
of the Treasury) subject to advance notification to the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That amounts so transferred
shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of
1950, as amended (50 U.S.C. 4565), and shall be available in
addition to any other funds available to any department or
agency: Provided further, That fees authorized by section
721(p) of such Act shall be credited to this appropriation as
offsetting collections: Provided further, That the total
amount appropriated under this heading from the general fund
shall be reduced as such offsetting collections are received
during fiscal year 2023, so as to result in a total
appropriation from the general fund estimated at not more
than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
human rights abusers, money launderers, drug kingpins, and
other national security threats, $216,059,000, of which not
less than $3,000,000 shall be available for addressing human
rights violations and corruption, including activities
authorized by the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note): Provided, That of
the amounts appropriated under this heading, up to
$12,000,000 shall remain available until September 30, 2024.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$100,000,000, to remain available until September 30, 2025:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That of the
total amount made available under this heading $6,000,000
shall be available for administrative expenses for the
Treasury Chief Information Officer to provide oversight of
the investments made under this heading: Provided further,
That such funds shall supplement and not supplant any other
amounts made available to the Treasury Chief Information
Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $11,118,000, to remain available until September
30, 2025: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or
supplement ``Internal Revenue Service, Operations Support''
or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $48,878,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2024, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$174,250,000, of which $5,000,000 shall remain available
until September 30, 2024; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $9,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $25,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$190,193,000, of which not to exceed $55,000,000 shall remain
available until September 30, 2025.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $372,485,000; of which not to exceed
$8,000,000, to remain available until September 30, 2025, is
for information
[[Page H10130]]
systems modernization initiatives; and of which $5,000 shall
be available for official reception and representation
expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $148,863,000; of which not to exceed $6,000
shall be available for official reception and representation
expenses; and of which not to exceed $50,000 shall be
available for cooperative research and development programs
for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2024, shall be for the costs
associated with enforcement of and education regarding the
trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2023 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-III, $324,000,000. Of the amount appropriated
under this heading--
(1) not less than $196,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2024, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $3,153,750 may be used for
the cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with
disabilities, and of which up to $2,000,000 shall be for the
Economic Mobility Corps to be operated in conjunction with
the Corporation for National and Community Service, pursuant
to 42 U.S.C. 12571: Provided, That the cost of direct and
guaranteed loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this paragraph,
excluding those made to community development financial
institutions to expand investments that benefit individuals
with disabilities and those made to community development
financial institutions that serve populations living in
persistent poverty counties, the CDFI Fund shall prioritize
Financial Assistance awards to organizations that invest and
lend in high-poverty areas: Provided further, That for
purposes of this section, the term ``high-poverty area''
means any census tract with a poverty rate of at least 20
percent as measured by the 2016-2020 5-year data series
available from the American Community Survey of the Bureau of
the Census for all States and Puerto Rico or with a poverty
rate of at least 20 percent as measured by the 2010 Island
areas Decennial Census data for any territory or possession
of the United States;
(2) not less than $25,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2024, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
Tribes and Tribal organizations, and other suitable
providers;
(3) not less than $35,000,000 is available until September
30, 2024, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2024, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $9,000,000 is available until September
30, 2024, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan
programs under section 122 of Public Law 103-325 (12 U.S.C.
4719): Provided, That sections 108(d) and 122(b)(2) of such
Public Law shall not apply to the provision of such grants
and technical assistance;
(6) up to $35,000,000 is available for administrative
expenses, including administration of CDFI Fund programs and
the New Markets Tax Credit Program, of which not less than
$1,000,000 is for the development of tools to better assess
and inform CDFI investment performance and CDFI program
impacts, and up to $300,000 is for administrative expenses to
carry out the direct loan program; and
(7) during fiscal year 2023, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2023: Provided further, That of the funds awarded under this
heading, except those provided for the Economic Mobility
Corps, not less than 10 percent shall be used for awards that
support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2016-2020 5-year data series available from
the American Community Survey of the Bureau of the Census or
any other territory or possession of the United States that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990, 2000
and 2010 Island Areas Decennial Censuses, or equivalent data,
of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,780,606,000, of which not to exceed $100,000,000 shall
remain available until September 30, 2024, of which not less
than $11,000,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $26,000,000 shall be
available for low-income taxpayer clinic grants, including
grants to individual clinics of up to $200,000, of which not
less than $40,000,000, to remain available until September
30, 2024, shall be available for the Community Volunteer
Income Tax Assistance Matching Grants Program for tax return
preparation assistance, and of which not less than
$236,000,000 shall be available for operating expenses of the
Taxpayer Advocate Service: Provided, That of the amounts made
available for the Taxpayer Advocate Service, not less than
$7,000,000 shall be for identity theft and refund fraud
casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $5,437,622,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2024;
of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program; and of which
not to exceed $25,000,000 shall be for investigative
technology for the Criminal Investigation Division: Provided,
That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition
to amounts made available for the Criminal Investigation
Division under the ``Operations Support'' heading.
operations support
For necessary expenses to operate the Internal Revenue
Service to support taxpayer services and enforcement
programs, including rent payments; facilities services;
printing; postage; physical security; headquarters and other
IRS-wide administration activities; research and statistics
of income; telecommunications; information technology
development, enhancement, operations, maintenance and
security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); the operations of the Internal Revenue Service
Oversight Board; and other services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner;
$4,100,826,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2024; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2025, for
research; and of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the
[[Page H10131]]
end of each quarter, the Internal Revenue Service shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller
General of the United States detailing major information
technology investments in the Internal Revenue Service
Integrated Modernization Business Plan portfolio, including
detailed, plain language summaries on the status of plans,
costs, and results; prior results and actual expenditures of
the prior quarter; upcoming deliverables and costs for the
fiscal year; risks and mitigation strategies associated with
ongoing work; reasons for any cost or schedule variances; and
total expenditures by fiscal year: Provided further, That the
Internal Revenue Service shall include, in its budget
justification for fiscal year 2024, a summary of cost and
schedule performance information for its major information
technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5
percent of any other appropriation made available in this Act
to the Internal Revenue Service, may be transferred to any
other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former
employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. The Secretary of the Treasury (or the
Secretary's delegate) may use the funds made available in
this Act, subject to such policies as the Secretary (or the
Secretary's delegate) may establish, to utilize direct hire
authority to recruit and appoint qualified applicants,
without regard to any notice or preference requirements,
directly to positions in the competitive service to process
backlogged tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United
States Code, funds appropriated to the Internal Revenue
Service in this Act may be used to provide passenger carrier
transportation and protection between the Commissioner of
Internal Revenue's residence and place of employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 115. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2023
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2023.
Sec. 121. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the House of Representatives and the Senate not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 123. During fiscal year 2023--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall
[[Page H10132]]
submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 126. In addition to amounts otherwise available,
there is appropriated to the Special Inspector General for
Pandemic Recovery, $12,000,000, to remain available until
expended, for necessary expenses in carrying out section 4018
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136).
Sec. 127. Section 127 of the Department of the Treasury
Appropriations Act, 2019 (title I of division D of Public Law
116-6) is amended by inserting before the period at the end
the following: ``, including public improvements in the area
around such facility to mitigate traffic impacts caused by
the construction and occupancy of the facility''.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2023''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $77,681,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $15,609,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $2,500,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,903,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $17,901,000, of which not to
exceed $10,000 shall be available for official reception and
representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$115,463,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President: Provided, That of the amounts provided under this
heading, up to $7,000,000 shall be available for a program to
provide payments (such as stipends, subsistence allowances,
cost reimbursements, or awards) to students, recent
graduates, and veterans recently discharged from active duty
who are performing voluntary services in the Executive Office
of the President under section 3111(b) of title 5, United
States Code, or comparable authority and shall be in addition
to amounts otherwise available to pay or compensate such
individuals: Provided further, That such payments shall not
be considered compensation for purposes of such section
3111(b) and may be paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $128,035,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further, That
none of the funds made available for the Office of Management
and Budget by this Act may be expended for the altering of
the annual work plan developed by the Corps of Engineers for
submission to the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior
Acts shall be used, directly or indirectly, by the Office of
Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of
Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource
planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource
matters on which the Chief of Engineers has reported:
Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water resource
reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly: Provided further, That no later
than 14 days after the submission of the budget of the United
States Government for fiscal year 2024, the Director of the
Office of Management and Budget shall make publicly available
on a website a tabular list for each agency that submits
budget justification materials (as defined in section 3 of
the Federal Funding Accountability and Transparency Act of
2006) that shall include, at minimum, the name of the agency,
the date on which the budget justification materials of the
agency were submitted to Congress, and a uniform resource
locator where the budget justification materials are
published on the website of the agency.
[[Page H10133]]
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual
Property Enforcement Coordinator, as authorized by title III
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (Public Law 110-403),
including services authorized by 5 U.S.C. 3109, $1,902,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), $21,926,000, of which
not to exceed $5,000 shall be available for official
reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998, as amended; not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$21,500,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $302,000,000, to remain available until September
30, 2024, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$5,800,000 may be used for auditing services and associated
activities and $1,500,000 shall be for the Grants Management
System for use by the Office of National Drug Control Policy:
Provided further, That any unexpended funds obligated prior
to fiscal year 2021 may be used for any other approved
activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as
of September 30, 2022, shall be funded at not less than the
fiscal year 2022 base level, unless the Director submits to
the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2023 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-
Drug Abuse Act of 1988 and the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended,
$137,120,000, to remain available until expended, which shall
be available as follows: $109,000,000 for the Drug-Free
Communities Program, of which not more than $12,780,000 is
for administrative expenses, and of which $2,500,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by section 8204 of Public Law 115-271; $3,000,000
for drug court training and technical assistance; $15,250,000
for anti-doping activities; up to $3,420,000 for the United
States membership dues to the World Anti-Doping Agency;
$1,250,000 for the Model Acts Program; and $5,200,000 for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities: Provided further, That the
Director of the Office of National Drug Control Policy shall,
not fewer than 30 days prior to obligating funds under this
heading for United States membership dues to the World Anti-
Doping Agency, submit to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
and explanation of the proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2024.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $13,700,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $6,076,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $321,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by
more than 50 percent by such transfers: Provided further,
That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2023, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2023; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2023.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2023 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
Sec. 203. Not later than 30 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance
with the provisions in title VII of this Act.
Sec. 204. In fiscal year 2023 and each fiscal year
thereafter--(1) the Office of Management and Budget shall
operate and maintain the automated system required to be
implemented by section 204 of the Financial Services and
General Government Appropriations Act, 2022 (division E of
Public Law 117-103) and shall continue to post each document
apportioning an appropriation, pursuant to section 1513(b) of
title 31, United States Code, including any associated
footnotes, in a format that qualifies each such document as
an open Government data asset (as that term is defined in
section 3502 of title 44, United States Code); and (2) the
requirements specified in subsection (c), the first and
second provisos of subsection (d)(1), and subsection (d)(2)
of such section 204 shall continue to apply.
Sec. 205. For an additional amount for ``Office of
National Drug Control Policy--Salaries and Expenses'',
$10,482,000, which shall be for initiatives in the amounts
and for the projects specified in the table that appears
under the heading ``Administrative Provisions--Executive
Office of the President and Funds Appropriated to the
President'' in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided,
[[Page H10134]]
That none of the funds made available by this section may be
transferred for any other purpose.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2023''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $109,551,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $29,246,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $21,260,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,905,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $9,975,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,382,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court or Administrative Office of the United States
Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
or Administrative Office of the United States Courts
operations, building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal
Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $750,163,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General: Provided, That funds made
available under this heading may be used for managing a
Judiciary-wide program to facilitate security and emergency
management services among the Judiciary, United States
Marshals Service, Federal Protective Service, General
Services Administration, other Federal agencies, state and
local governments and the public; and, notwithstanding
sections 331, 566(e)(1), and 566(i) of title 28, United
States Code, for identifying and pursuing the voluntary
redaction and reduction of personally identifiable
information on the internet of judges and other familial
relatives who live at the judge's domicile.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $102,673,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $34,261,000; of which
$1,800,000 shall remain available through September 30, 2024,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$21,641,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--the Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``31 years and 6 months'' and inserting
``32 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``28 years and 6 months'' and inserting
``29 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
[[Page H10135]]
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``29 years and 6 months''
and inserting ``30 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``20 years'' and
inserting ``21 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``19 years and 6
months'' and inserting ``20 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``18 years'' and inserting
``19 years''.
Sec. 307. Section 677 of title 28, United States Code, is
amended by adding at the end the following:
``(d) The Counselor, with the approval of the Chief
Justice, shall establish a retention and recruitment program
that is consistent with section 908 of the Emergency
Supplemental Act, 2002 (2 U.S.C. 1926) for Supreme Court
Police officers and other critical employees who agree in
writing to remain employed with the Supreme Court for a
period of service of not less than two years.''.
Sec. 308. Section 996(b) of title 28, United States Code,
is amended by inserting ``84 (Federal Employees' Retirement
System),'' after ``83 (Retirement),''.
This title may be cited as the ``Judiciary Appropriations
Act, 2023''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District
of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident
Tuition Support Program: Provided further, That the Office of
the Chief Financial Officer shall provide a quarterly
financial report to the Committees on Appropriations of the
House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the
purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $30,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, including the transfer and hire of motor vehicles,
$291,068,000 to be allocated as follows: for the District of
Columbia Court of Appeals, $15,055,000, of which not to
exceed $2,500 is for official reception and representation
expenses; for the Superior Court of the District of Columbia,
$140,973,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $88,290,000, of which not to exceed
$2,500 is for official reception and representation expenses;
and $46,750,000, to remain available until September 30,
2024, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available
for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That, in
addition to the amounts appropriated herein, fees received by
the District of Columbia Courts for administering bar
examinations and processing District of Columbia bar
admissions may be retained and credited to this
appropriation, to remain available until expended, for
salaries and expenses associated with such activities,
notwithstanding section 450 of the District of Columbia Home
Rule Act (D.C. Official Code, sec. 1-204.50): Provided
further, That notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided
under this heading among the items and entities funded under
this heading: Provided further, That the Joint Committee on
Judicial Administration in the District of Columbia may, by
regulation, establish a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5,
United States Code, for employees of the District of Columbia
Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That, notwithstanding
any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies: Provided
further, That of the unobligated balances from prior year
appropriations made available under this heading,
$22,000,000, are hereby rescinded not later than September
30, 2023.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $285,016,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That, of
the funds appropriated under this heading, $204,579,000 shall
be for necessary expenses of Community Supervision and Sex
Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $7,798,000 shall remain available until September 30,
2025, for costs associated with the relocation under
replacement leases for headquarters offices, field offices
and related facilities: Provided further, That, of the funds
appropriated under this heading, $80,437,000 shall be
available to the Pretrial Services Agency, of which $998,000
shall remain available until September 30, 2025, for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$53,629,000: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public
Defender Service may establish for employees of the District
of Columbia Public Defender Service a program substantially
similar to the program set forth in subchapter II of chapter
35 of title 5, United States Code, except that the maximum
amount of the payment made under the program to any
individual may not exceed the amount referred to in section
3523(b)(3)(B) of title 5, United States Code: Provided
further, That for the purposes of engaging with, and
receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an
agency of the United States Government: Provided further,
[[Page H10136]]
That the District of Columbia Public Defender Service may
enter into contracts for the procurement of severable
services and multiyear contracts for the acquisition of
property and services to the same extent and under the same
conditions as an executive agency under sections 3902 and
3903 of title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,450,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2024, to the Commission on Judicial Disabilities and
Tenure, $330,000, and for the Judicial Nomination Commission,
$300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,750,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth in the Fiscal Year 2023 Local Budget Act
of 2022 (D.C. Act 24-486) and at rates set forth under such
Act, as amended as of the date of enactment of this Act:
Provided, That notwithstanding any other provision of law,
except as provided in section 450A of the District of
Columbia Home Rule Act (section 1-204.50a, D.C. Official
Code), sections 816 and 817 of the Financial Services and
General Government Appropriations Act, 2009 (secs. 47-369.01
and 47-369.02, D.C. Official Code), and provisions of this
Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2023
under this heading shall not exceed the estimates included in
the Fiscal Year 2023 Local Budget Act of 2022, as amended as
of the date of enactment of this Act or the sum of the total
revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief
Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of
Columbia meets these requirements, including the apportioning
by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2023,
except that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2023''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,465,000, to remain available until September 30, 2024, of
which not to exceed $1,000 is for official reception and
representation expenses.
Barry Goldwater Scholarship and Excellence in Education Foundation
salaries and expenses
For payment to the Barry Goldwater Scholarship and
Excellence in Education Fund, established by section 1408 of
Public Law 99-661 (20 U.S.C. 4707), for necessary expenses to
carry out activities pursuant to the Barry Goldwater
Scholarship and Excellence in Education Act of 1986 (20
U.S.C. 4701 et seq.), $2,000,000, to remain available until
expended.
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $365,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $20,000,000 shall remain available until
September 30, 2024, and of which not less than $4,218,000
shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for
the liquidation of obligations equal to current year payments
on leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $152,500,000, of which
$2,000,000 shall remain available until expended, to carry
out the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004), and of which
$2,000,000 shall remain available until expended, to carry
out the program, including administrative costs, required by
section 204 of the Nicholas and Zachary Burt Memorial Carbon
Monoxide Poisoning Prevention Act of 2022 (title II of
division Q of Public Law 117-103).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2023, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $28,000,000, of which
$1,500,000 shall be made available to the National Institute
of Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002, and of
which $1,000,000, to remain available until expended, shall
be for the Help America Vote College Program as authorized by
title V of the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $75,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed
[[Page H10137]]
to be a State and, for purposes of sections 101(d)(2) and
103(a) shall be treated in the same manner as the
Commonwealth of Puerto Rico, Guam, American Samoa, and the
United States Virgin Islands: Provided further, That each
reference to the ``Administrator of General Services'' or the
``Administrator'' in sections 101 and 103 shall be deemed to
refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$1,000,000'' and each reference
to ``$1,000,000'' in section 103 shall be deemed to refer to
``$200,000'': Provided further, That not later than two years
after receiving a payment under this heading, a State shall
make available funds for such activities in an amount equal
to 20 percent of the total amount of the payment made to the
State under this heading: Provided further, That not later
than 45 days after the date of enactment of this Act, the
Election Assistance Commission shall make the payments to
States under this heading: Provided further, That States
shall submit quarterly financial reports and annual progress
reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$390,192,000, to remain available until expended: Provided,
That $390,192,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2023 so as to result in a final fiscal year 2023
appropriation estimated at $0: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $132,231,000 for
fiscal year 2023: Provided further, That, of the amount
appropriated under this heading, not less than $12,131,000
shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by
striking ``December 31, 2022'' each place it appears and
inserting ``December 31, 2023''.
Sec. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004,
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $47,500,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $81,674,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$29,400,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$430,000,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
fees collected in fiscal year 2023 for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), (and estimated to be
$190,000,000 in fiscal year 2023) shall be retained and used
for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That,
notwithstanding any other provision of law, fees collected to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), regardless of
the year of collection (and estimated to be $20,000,000 in
fiscal year 2023), shall be credited to this account, and be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced (1) as such offsetting
collections are received during fiscal year 2023 and (2) to
the extent that any remaining general fund appropriations can
be derived from amounts credited to this account as
offsetting collections in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal
year 2023 appropriation from the general fund estimated at
$48,000,000: Provided further, That, notwithstanding section
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (15
U.S.C. 18a note), none of the funds credited to this account
as offsetting collections in previous fiscal years that were
unavailable for obligation as of September 30, 2022, shall
become available for obligation except as provided in the
preceding proviso: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of
$10,013,150,000, of which--
(1) $807,809,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services)
and remediation, in addition to amounts otherwise provided
for such purposes, as follows:
Connecticut:
Hartford, U.S. Courthouse, $61,500,000;
District of Columbia:
DHS Consolidation at St. Elizabeths, $252,963,000;
Federal Energy Regulatory Commission Lease Purchase Option,
$21,000,000;
Southeast Federal Center Remediation, $3,946,000;
Florida:
Fort Lauderdale, U.S. Courthouse, $55,000,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation,
$375,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $38,400,000:
Provided, That each of the foregoing limits of costs on
construction, acquisition, and remediation projects may be
exceeded to the extent that savings are effected in other
such projects, but not to exceed 20 percent of the amounts
included in a transmitted prospectus, if required, unless
advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the Senate
of a greater amount;
(2) $662,280,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise
provided for such purposes, of which--
(A) $244,783,000 is for Major Repairs and Alterations as
follows:
Multiple Locations:
National Conveying Systems, $30,000,000;
National Capital Region:
Fire Alarm Systems, $40,000,000;
California:
San Francisco, Federal Building, $15,687,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center, $10,229,000;
Massachusetts:
Boston, John J. Moakley U.S. Courthouse, $10,345,000;
[[Page H10138]]
Montana:
Butte, Mike Mansfield Federal Building and U.S. Courthouse,
$25,792,000;
New York:
New York, Alexander Hamilton U.S. Custom House,
$68,497,000;
Ohio:
Cleveland, Carl B. Stokes U.S. Courthouse, $10,235,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and
Post Office, $3,093,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S. Courthouse, $12,927,000;
Vermont:
St. Albans, Federal Building, U.S. Post Office and Custom
House, $17,978,000;
(B) $398,797,000 is for Basic Repairs and Alterations, of
which $3,000,000 is for repairs to the water feature at the
Wilkie D. Ferguson Jr. U.S. Courthouse in Miami, FL; and
(C) $18,700,000 is for Special Emphasis Programs as
follows:
Judiciary Capital Security Program, $18,700,000;
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
20 percent unless advance approval is obtained from the
Committees on Appropriations of the House of Representatives
and the Senate of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the amounts provided in this or any prior Act
for ``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance
with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That
the difference between the funds appropriated and expended on
any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to ``Basic
Repairs and Alterations'' or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for ``Basic Repairs
and Alterations'' may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,561,680,000 for rental of space to remain available
until expended; and
(4) $2,981,381,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under 40
U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant
to 18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2023, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy associated with the management of
real and personal property assets and certain administrative
services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information
technology management, and related technology activities; and
services as authorized by 5 U.S.C. 3109; and evaluation
activities as authorized by statute; $71,186,000, of which
$4,000,000 shall remain available until September 30, 2024.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, and management; the
hire of zero-emission passenger motor vehicles and supporting
charging or fueling infrastructure; and services as
authorized by 5 U.S.C. 3109; $54,478,000, of which not to
exceed $7,500 is for official reception and representation
expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $10,352,000, of which $2,000,000 shall
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $74,583,000:
Provided, That not to exceed $3,000,000 shall be available
for information technology enhancements related to
implementing cloud services, improving security measures, and
providing modern technology case management solutions:
Provided further, That not to exceed $50,000 shall be
available for payment for information and detection of fraud
against the Government, including payment for recovery of
stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of
other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For expenses authorized by 40 U.S.C. 323 and 44 U.S.C.
3604; and for expenses authorized by law, not otherwise
provided for, in support of interagency projects that enable
the Federal Government to enhance its ability to conduct
activities electronically, through the development and
implementation of innovative uses of information technology;
$90,000,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be
transferred to Federal agencies to carry out the purpose of
the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections
deposited into the Fund shall be available until expended for
necessary expenses of Federal Citizen Services and other
activities that enable the Federal Government to enhance its
ability to conduct activities electronically in the aggregate
amount not to exceed $200,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2023 in excess of
such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts: Provided further, That, of the total
amount appropriated, up to $5,000,000 shall be available for
support functions and full-time hires to support activities
related to the Administration's requirements under title II
of the Foundations for Evidence-Based Policymaking Act of
2018 (Public Law 115-435): Provided further, That the
transfer authorities provided herein shall be in addition to
any other transfer authority provided in this Act.
technology modernization fund
For the Technology Modernization Fund, $50,000,000, to
remain available until expended, for technology-related
modernization activities.
working capital fund
For the Working Capital Fund of the General Services
Administration, $5,900,000, to remain available until
expended, for necessary costs incurred by the Administrator
to modernize rulemaking systems and to provide support
services for Federal rulemaking agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2023 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2024 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than
$250,000 arising from direct construction projects and
acquisition of buildings may be liquidated from savings
effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate
[[Page H10139]]
adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of
the General Services Administration under 40 U.S.C. 3307, the
Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in
the prospectus for all lease agreements, except that, if the
Administrator determines that the delineated area of the
procurement should not be identical to the delineated area
included in the prospectus, the Administrator shall provide
an explanatory statement to each of such committees and the
Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator
of General Services shall submit a spending plan and
explanation for each project to be undertaken to the
Committees on Appropriations of the House of Representatives
and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. The Administrator of the General Services
Administration shall select a site from one of the three
listed in the General Services Administration (GSA) Fiscal
Year 2017 PNCR-FBI-NCR17 prospectus for a new fully
consolidated Federal Bureau of Investigation (FBI)
headquarters.
In considering the September 2022 and amended November
2022 GSA Site Selection Plan for the FBI Suburban
Headquarters, not later than 90 days after enactment of this
Act, prior to any action by the GSA site selection panel for
the new Federal FBI headquarters, the GSA Administrator shall
conduct separate and detailed consultations with individuals
representing the sites from the State of Maryland and
Commonwealth of Virginia to further consider perspectives
related to mission requirements, sustainable siting and
equity, and evaluate the viability of the GSA's Site
Selection Criteria for the FBI Headquarters to ensure it is
consistent with Congressional intent as expressed in the
resolution of the Committee on Environment and Public Works
of the Senate (112th Congress), adopted December 8, 2011 and
further described in the General Services Administration
Fiscal Year 2017 PNCR-FBI-NCR17 prospectus. Following those
consultations, the Administrator shall proceed with the site
selection process.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$3,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $49,655,000,
to remain available until September 30, 2024, and in addition
not to exceed $2,345,000, to remain available until September
30, 2024, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Foundation, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to
remain available for direct expenditure until expended, of
which, notwithstanding sections 8 and 9 of such Act, up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That all current and previous amounts transferred to the
Office of Inspector General of the Department of the Interior
will remain available until expended for audits and
investigations of the Morris K. Udall and Stewart L. Udall
Foundation, consistent with the Inspector General Act of 1978
(5 U.S.C. App.), as amended, and for annual independent
financial audits of the Morris K. Udall and Stewart L. Udall
Foundation pursuant to the Accountability of Tax Dollars Act
of 2002 (Public Law 107-289): Provided further, That previous
amounts transferred to the Office of Inspector General of the
Department of the Interior may be transferred to the Morris
K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,943,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$427,520,000, of which $30,000,000 shall remain available
until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and
store Government records, and of which up to $2,000,000 shall
remain available until expended to implement the Civil Rights
Cold Case Records Collection Act of 2018 (Public Law 115-
426).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$5,980,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities and museum exhibits, related equipment for public
spaces, and to provide adequate storage for holdings,
$22,224,000, to remain available until expended, of which no
less than $7,250,000 is for upgrades to the Carter
Presidential Library in Atlanta, Georgia and of which
$6,000,000 is for the Ulysses S. Grant Presidential Museum in
Starkville, Mississippi.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $12,000,000, to remain available until expended,
of which up to $2,000,000 shall be to preserve and make
publicly available the congressional papers of former Members
of the House and Senate.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National
Historical Publications and Records Commission Grants
Program'', $22,573,000, which shall be for initiatives in the
amounts and for the projects specified in the table that
appears under the heading ``Administrative Provisions--
National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That none of the funds made available by this section may be
transferred for any other purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822, and 9910, $3,500,000
shall be available until September 30, 2024, for technical
assistance to low-income designated credit unions: Provided,
That credit unions designated solely as minority depository
institutions shall be eligible to apply for and receive such
technical assistance.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the
Representative Louise McIntosh Slaughter Stop Trading on
Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $24,500,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $190,784,000: Provided, That of the total amount made
available under this heading, $19,373,000 shall remain
available until expended, for information technology
modernization and Trust Fund Federal Financial System
migration or modernization, and shall be in addition to funds
otherwise made available for such purposes: Provided further,
That of the total amount made available under this heading,
$1,381,748 may be made available for strengthening the
capacity and capabilities of the acquisition workforce (as
defined by the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management; and in addition $194,924,000 for
administrative expenses, to be transferred from the
appropriate trust funds of OPM without regard to other
statutes, including direct procurement of printed materials,
for the retirement and insurance programs: Provided further,
That the
[[Page H10140]]
provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided
further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining
Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose:
Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2023, accept
donations of money, property, and personal services: Provided
further, That such donations, including those from prior
years, may be used for the development of publicity materials
to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That not to
exceed 5 percent of amounts made available under this heading
may be transferred to an information technology working
capital fund established for purposes authorized by subtitle
G of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40
U.S.C. 11301 note): Provided further, That the OPM Director
shall notify, and receive approval from, the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer under the
preceding proviso: Provided further, That amounts transferred
to such a fund under such transfer authority from any
organizational category of OPM shall not exceed 5 percent of
each such organizational category's budget as identified in
the report required by section 608 of this Act: Provided
further, That amounts transferred to such a fund shall remain
available for obligation through September 30, 2026.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $6,908,000, and in
addition, not to exceed $29,487,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles, $31,904,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $10,600,000, to remain available until
September 30, 2024.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform
Board in carrying out the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114-287), $4,000,000, to remain
available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$2,149,000,000, to remain available until expended; of which
not less than $18,979,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move,
replication, and related costs associated with a replacement
lease for the Commission's District of Columbia headquarters
facilities, not to exceed $57,405,000, to remain available
until expended; and for move, replication, and related costs
associated with a replacement lease for the Commission's San
Francisco Regional Office facilities, not to exceed
$3,365,000, to remain available until expended.
For purposes of calculating the fee rate under section
31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2023, all amounts appropriated under
this heading shall be deemed to be the regular appropriation
to the Commission for fiscal year 2023: Provided, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $2,149,000,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account; not to exceed $57,405,000 of such
offsetting collections shall be available until expended for
move, replication, and related costs under this heading
associated with a replacement lease for the Commission's
District of Columbia headquarters facilities; and not to
exceed $3,365,000 of such offsetting collections shall be
available until expended for move, replication, and related
costs under this heading associated with a replacement lease
for the Commission's San Francisco Regional Office
facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2023 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2023
appropriation from the general fund estimated at not more
than $0: Provided further, That if any amount of the
appropriation for move, replication, and related costs
associated with a replacement lease for the Commission's
District of Columbia headquarters facilities or if any amount
of the appropriation for move, replication, and related costs
associated with a replacement lease for the Commission's San
Francisco Regional Office facilities is subsequently de-
obligated by the Commission, such amount that was derived
from the general fund shall be returned to the general fund,
and such amounts that were derived from fees or assessments
collected for such purpose shall be paid to each national
securities exchange and national securities association,
respectively, in proportion to any fees or assessments paid
by such national securities exchange or national securities
association under section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) in fiscal year 2023.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $31,700,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $326,000,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2023: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2024: Provided
further, That $20,000,000 shall be available for costs
associated with the certification of small business concerns
owned and controlled by veterans or service-disabled veterans
under sections 36A and 36 of the Small Business Act (15
U.S.C. 657f-1; 657f), respectively, and section 862 of Public
Law 116-283, to be available until September 30, 2024.
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $320,000,000,
to remain available until September 30, 2024: Provided, That
$140,000,000 shall be available to fund grants for
performance in fiscal year 2023 or fiscal year 2024 as
authorized by section 21 of the Small Business Act: Provided
further, That $41,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $20,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $10,211,000, to remain
available until expended.
[[Page H10141]]
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2023
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 and commitments for loans
authorized under subparagraph (C) of section 502(7) of the
Small Business Investment Act of 1958 (15 U.S.C. 696(7))
shall not exceed, in the aggregate, $15,000,000,000: Provided
further, That during fiscal year 2023 commitments for general
business loans authorized under paragraphs (1) through (35)
of section 7(a) of the Small Business Act shall not exceed
$35,000,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2023 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958
shall not exceed $5,000,000,000: Provided further, That
during fiscal year 2023, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $15,000,000,000. In
addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $165,300,000, which may be
transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$179,000,000, to be available until expended, of which
$1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; of which $169,000,000 is for
direct administrative expenses of loan making and servicing
to carry out the direct loan program, which may be
transferred to and merged with the appropriations for
Salaries and Expenses; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses: Provided, That, of
the funds provided under this heading, $143,000,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major
disasters under this heading is designated by the Congress as
being for disaster relief pursuant to a concurrent resolution
on the budget in the Senate and section 1(f) of H. Res. 1151
(117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses''
and ``Business Loans Program Account'' may be transferred to
the Administration's information technology system
modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act,
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That amounts transferred to the IT WCF under this section
shall remain available for obligation through September 30,
2026.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $179,710,000, which
shall be for initiatives related to small business
development and entrepreneurship, including programmatic,
construction, and acquisition activities, in the amounts and
for the projects specified in the table that appears under
the heading ``Administrative Provisions--Small Business
Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That, notwithstanding sections
2701.92 and 2701.93 of title 2, Code of Federal Regulations,
the Administrator of the Small Business Administration may
permit awards to subrecipients for initiatives funded under
this section: Provided further, That none of the funds made
available by this section may be transferred for any other
purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$50,253,000: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further,
That none of the funds provided in this Act shall be used to
consolidate or close small rural and other small post
offices: Provided further, That the Postal Service may not
destroy, and shall continue to offer for sale, any copies of
the Multinational Species Conservation Funds Semipostal
Stamp, as authorized under the Multinational Species
Conservation Funds Semipostal Stamp Act of 2010 (Public Law
111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $271,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, and not to
exceed $3,000 for official reception and representation
expenses, $57,300,000, of which $1,000,000 shall remain
available until expended: Provided, That the amount made
available under 26 U.S.C. 7475 shall be transferred and added
to any amounts available under 26 U.S.C. 7473, to remain
available until expended, for the operation and maintenance
of the United States Tax Court: Provided further, That travel
expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
except for transfers made pursuant to the authority in
section 3173(d) of title 40, United States Code, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate to establish
the baseline for application of reprogramming and transfer
authorities for the
[[Page H10142]]
current fiscal year: Provided further, That at a minimum the
report shall include: (1) a table for each appropriation,
detailing both full-time employee equivalents and budget
authority, with separate columns to display the prior year
enacted level, the President's budget request, adjustments
made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation and its
respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, in
the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and
which shall apply to all items for which a dollar amount is
specified and to all programs for which new budget authority
is provided, as well as to discretionary grants and
discretionary grant allocations; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from
appropriations made available for salaries and expenses for
fiscal year 2023 in this Act, shall remain available through
September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 623. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 624. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II: Provided further, That any such
alternative mechanism shall maintain existing high-cost
support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 625. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State,
[[Page H10143]]
Tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim
assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with section 16.401(e)(2) of
the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of
more than $500,000 at any single conference unless the agency
or entity determines that such attendance is in the national
interest and advance notice is transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in
the national interest and advance notice is transmitted to
the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of
that determination.
Sec. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $850,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund established
pursuant to section 11(c)(3)(B) of the Inspector General Act
of 1978 (5 U.S.C. App.): Provided, That these amounts shall
be in addition to any amounts or any authority available to
the Council of the Inspectors General on Integrity and
Efficiency under section 11 of the Inspector General Act of
1978 (5 U.S.C. App.).
Sec. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management
and Budget Circular A-87 (revised May 10, 2004), unless
advance notice of such an obligation is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 631. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to
the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 632. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 633. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 634. Not later than 45 days after the last day of
each quarter, each agency funded in this Act shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a quarterly budget report that
includes total obligations of the Agency for that quarter for
each appropriation, by the source year of the appropriation.
Sec. 635. (a) Section 41002(c)(1) of Public Law 114-94 (42
U.S.C. 4370m-1(c)(1)) is amended by adding at the end the
following new subparagraph:
``(E) Personnel.--The Executive Director of the Council may
appoint and fix the compensation of such employees as the
Executive Director considers necessary to carry out the roles
and responsibilities of the Executive Director.''.
(b) Section 41009(d)(2) of Public Law 114-94 (42 U.S.C.
4370m-8(d)(2)) is amended by striking ``staffing of the
Office of the Executive Director'' and inserting ``appointing
and fixing the compensation of such employees as the
Executive Director considers necessary to carry out the roles
and responsibilities of the Executive Director''.
Sec. 636. (a) Designation.--The Federal building located at
90 7th Street in San Francisco, California, shall be known
and designated as the ``Speaker Nancy Pelosi Federal
Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal building referred to in subsection (a) shall be
deemed to be a reference to the ``Speaker Nancy Pelosi
Federal Building''.
Sec. 637. Of the unobligated balances available in the
Department of the Treasury, Treasury Forfeiture Fund,
established by section 9703 of title 31, United States Code,
$150,000,000 shall be permanently rescinded not later than
September 30, 2023.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2023 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $26,733 except station wagons for which
the maximum shall be $27,873: Provided, That these limits may
be exceeded by not to exceed $7,775 for police-type vehicles:
Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the
provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided further,
That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further,
That the limits set forth in this section shall not apply to
any vehicle that is a commercial item and which operates on
alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of paragraphs (2) and (3)
such affidavits shall be submitted prior to employment and
updated thereafter as necessary: Provided further, That any
person making a false affidavit shall be guilty of a felony,
and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer
or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who
is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board
of Governors, or to temporary employment of translators, or
to temporary employment in the field service (not to exceed
60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens
employed by the Department of the Interior or the USDA Forest
Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from
[[Page H10144]]
the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or
waste prevention programs. Such funds shall be available
until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
(December 8, 2021), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone, or electronic mailing lists to
any person or any organization outside of the Federal
Government without the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title and the United States Postal
Service.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations,
initiatives, and activities: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-Wide Policy'' during fiscal year
2023 shall remain available for obligation through September
30, 2024: Provided further, That not later than 90 days after
enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, shall submit to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Homeland Security
[[Page H10145]]
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives a
detailed spend plan for the funds to be transferred or
reimbursed: Provided further, That the spend plan shall, at a
minimum, include: (i) the amounts currently in the funds
authorized under this section and the estimate of amounts to
be transferred or reimbursed in fiscal year 2023; (ii) a
detailed breakdown of the purposes for all funds estimated to
be transferred or reimbursed pursuant to this section
(including total number of personnel and costs for all staff
whose salaries are provided for by this section); (iii) where
applicable, a description of the funds intended for use by or
for the benefit of each executive council; and (iv) where
applicable, a description of the funds intended for use by or
for the implementation of specific laws passed by Congress:
Provided further, That no transfers or reimbursements may be
made pursuant to this section until 15 days following
notification of the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the
Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science, Space, and Technology, and
the Senate Committee on Commerce, Science, and Transportation
90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2023, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal Government,
including the President, the Vice President, a Member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds
[[Page H10146]]
appropriated for fiscal year 2023, by this or any other Act,
may be used to pay any prevailing rate employee described in
section 5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2023, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2023, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2023 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2023 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2022,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2022,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2022.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2023 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2022.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2023 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2023 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General or the Office of Special Counsel of a violation of
any law, rule, or regulation, or mismanagement, a gross waste
of funds, an abuse of authority, or a substantial and
specific danger to public health or safety, or (4) any other
whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of
this section, a nondisclosure policy form or agreement that
is to be executed by a person connected with the conduct of
an intelligence or intelligence-related activity, other than
an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not
disclose any classified information received in the course of
such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding
[[Page H10147]]
agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 746. (a) During fiscal year 2023, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2023 shall
be the rate payable to the Vice President on December 31,
2022, by operation of section 747 of division E of Public Law
117-103.
(b) Notwithstanding any official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate during calendar year 2023
for an employee serving in an Executive Schedule position, or
in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2022,
by operation of section 747 of division E of Public Law 117-
103. Such an employee may not receive a rate increase during
calendar year 2023, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
may not receive a pay rate increase during calendar year
2023, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment may not receive a pay rate increase
during calendar year 2023, except as provided in subsection
(i). This subsection does not apply to employees in the
General Schedule pay system or the Foreign Service pay
system, to employees appointed under section 3161 of title 5,
United States Code, or to employees in another pay system
whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher than the
level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay
and applicable limitations on payable rates of pay in effect
on December 31, 2022, by operation of section 747 of division
E of Public Law 117-103.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable limitations on payable rates of pay in effect on
December 31, 2022, by operation of section 747 of division E
of Public Law 117-103.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2023 but
ends in calendar year 2024, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay
period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2023.
Sec. 748. In the event of a violation of the Impoundment
Control Act of 1974, the President or the head of the
relevant department or agency, as the case may be, shall
report immediately to the Congress all relevant facts and a
statement of actions taken: Provided, That a copy of each
report shall also be transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General on the same date the report is
transmitted to the Congress.
Sec. 749. (a) Each department or agency of the executive
branch of the United States Government shall notify the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such
appropriation or the execution of a program, project, or
activity by such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information
identifying the bureau, account name, appropriation name, and
Treasury Appropriation Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds
provided in this or any other appropriations Act for fiscal
year 2023 that are specified in the disclosure table
submitted in compliance with clause 9 of rule XXI of the
Rules of the House of Representatives or Rule XLIV of the
Standing Rules of the Senate that is included in the report
or explanatory statement accompanying any such Act shall be
deemed to be a recipient of a Federal award with respect to
such funds for purposes of the requirements of 2 CFR 200.334,
regarding records retention, and 2 CFR 200.337, regarding
access by the Comptroller General of the United States.
(b) Nothing in this section shall be construed to limit,
amend, supersede, or restrict in any manner any requirements
otherwise applicable to non-Federal entities described in
paragraph (1) or any existing authority of the Comptroller
General.
Sec. 751. Notwithstanding section 1346 of title 31, United
States Code, or section 708 of this Act, funds made available
by this or any other Act to any Federal agency may be used by
that Federal agency for interagency funding for coordination
with, participation in, or recommendations involving,
activities of the U.S. Army Medical Research and Development
Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research
programs.
Sec. 752. (a)(1) Not later than 100 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget (in this section referred to as the
``Director''), in coordination with the Architectural and
Transportation Barriers Compliance Board and the
Administrator of General Services (in this section referred
to as the ``Administrator''), shall disseminate amended or
updated criteria and instructions to any Federal department
or agency (in this section referred to as an ``agency'')
covered by section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d) for the evaluation required pursuant to
paragraph (3)(B).
(2) Such criteria and instructions shall--
(A) include, at minimum, requirements that information
technologies and digital services must-
(i) conform to the technical standards referenced in
subsection (a)(2)(A) of such section 508, as determined by
appropriate conformance testing; and
(ii) be accessible to and usable by individuals with
disabilities as determined from consultation with individuals
with disabilities, including those with visual, auditory,
tactile, and cognitive disabilities, or members of any
disability organization; and
(B) provide guidance to agencies regarding the types and
format of data and information to be submitted to the
Director and the Administrator pursuant to paragraph (3),
including how to submit such data and information, the
metrics by which compliance will be assessed in the reports
required in subsection (b), and any other directions
necessary for agencies to demonstrate compliance with
accessibility standards for electronic and information
technology procured and in use within an agency, as required
by such section 508.
(3) Not later than 225 days after the date of enactment of
this Act, the head of each agency shall--
(A) evaluate the extent to which the electronic and
information technology of the agency are accessible to and
usable by individuals with disabilities described in
subsection (a)(1) of such section 508 compared to the access
to and use of the technology and services by individuals
described in such section who are not individuals with
disabilities;
(B) evaluate the electronic and information technology of
the agency in accordance with the criteria and instructions
provided in paragraph (1); and
(C) submit a report containing the evaluations jointly to
the Director and the Administrator.
(b)(1) Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator, in
consultation with the Director, shall prepare and submit to
the Committees on Appropriations and Homeland Security
[[Page H10148]]
and Governmental Affairs of the Senate and the Committees on
Appropriations and Oversight and Reform of the House of
Representatives a report that shall include--
(A) a comprehensive assessment (including information
identifying the metrics and data used) of compliance by each
agency, and by the Federal Government generally, with the
criteria and instructions disseminated under subsection
(a)(1);
(B) a detailed description of the actions, activities, and
other efforts made by the Administrator over the year
preceding submission to support such compliance at agencies
and any planned efforts in the coming year to improve
compliance at agencies; and
(C) a list of recommendations that agencies or Congress may
take to help support that compliance.
(2) The Administrator shall ensure that the reports
required under this subsection are made available on a public
website and are maintained as an open Government data asset
(as that term is defined in section 3502 of title 44, United
States Code).
Sec. 753. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Federal Citizen Services Fund'' with
the approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds, in addition to
amounts otherwise available, shall be administered by the
Administrator of General Services to carry out the purposes
of the Federal Citizen Services Fund and to support
Government-wide and other multi-agency financial, information
technology, procurement, and other activities, including
services authorized by 44 U.S.C. 3604 and enabling Federal
agencies to take advantage of information technology in
sharing information: Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 for
such purposes: Provided further, That the funds transferred
to or for reimbursement of ``General Services Administration,
Federal Citizen Services Fund'' during fiscal year 2023 shall
remain available for obligation through September 30, 2024:
Provided further, That not later than 90 days after enactment
of this Act, the Administrator of General Services, in
consultation with the Director of the Office of Management
and Budget, shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a detailed
spend plan for the funds to be transferred or reimbursed:
Provided further, That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized
under this section and the estimate of amounts to be
transferred or reimbursed in fiscal year 2023; (ii) a
detailed breakdown of the purposes for all funds estimated to
be transferred or reimbursed pursuant to this section
(including total number of personnel and costs for all staff
whose salaries are provided for by this section); and (iii)
where applicable, a description of the funds intended for use
by or for the implementation of specific laws passed by
Congress: Provided further, That no transfers or
reimbursements may be made pursuant to this section until 15
days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
Sec. 754. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2023, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless
prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2023.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2023 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief
[[Page H10149]]
Financial Officer for the District of Columbia shall submit
to the appropriate committees of Congress, the Mayor, and the
Council for the District of Columbia, a revised appropriated
funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The
revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2023
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2023 in this Act, shall
remain available through September 30, 2024, for each such
account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2024, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2024 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2024 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2024 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2024.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2024 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2024 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the
United States relating to the District of Columbia (sec. 9-
1201.03, D.C. Official Code) does not apply with respect to
any railroads installed pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means
the project carried out by the District of Columbia and the
Commonwealth of Virginia to construct a new Long Bridge
adjacent to the existing Long Bridge over the Potomac River,
including related infrastructure and other related projects,
to expand commuter and regional passenger rail service and to
provide bike and pedestrian access crossings over the Potomac
River.
Sec. 818. Not later than 45 days after the last day of
each quarter, each Federal and District government agency
appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a quarterly budget report that includes total
obligations of the Agency for that quarter for each Federal
funds appropriation provided in this Act, by the source year
of the appropriation.
Sec. 819. (a)(1) Section 11-2604(a), District of Columbia
Official Code, is amended by striking ``at a fixed rate of
$90 per hour'' and inserting ``an hourly rate not to exceed
the rate payable under section 3006A(d)(1) of title 18,
United States Code''.
(2) The amendments made by this section shall apply with
respect to cases and proceedings initiated on or after the
date of the enactment of this Act.
(b)(1) Section 11-2605, District of Columbia Official Code,
is amended in subsections (b) and (c) by striking ``(or, in
the case of investigative services, a fixed rate of $25 per
hour)'' each place it appears.
(2) The amendments made by this section shall apply with
respect to investigative services provided in connection with
cases and proceedings initiated on or after the date of the
enactment of this Act.
Sec. 820. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2023''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$336,746,000; of which $18,862,000 shall remain available
until September 30, 2024: Provided, That not to exceed
$30,000 shall be for official reception and representation
expenses: Provided further, That $5,000,000 shall be withheld
from obligation until the Secretary submits, to the
Committees on Appropriations of the Senate and the House of
Representatives, responses to all questions for the record
for each hearing on the fiscal year 2024 budget submission
for the Department of Homeland Security held by such
Committees prior to July 1.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and
for executive management for procurement, construction, and
improvements, $8,048,000, to remain available until September
30, 2025.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and
for executive management for Federal assistance through
grants, contracts, cooperative agreements, and other
activities, $40,000,000, which shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'',
of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $20,000,000, to
remain available until September 30, 2024, shall be for the
Alternatives to Detention Case Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, including vehicle fleet
modernization, $1,743,160,000: Provided, That not to exceed
$2,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $325,245,000, of
which $137,245,000 shall remain available until September 30,
2025, and of which $188,000,000 shall remain available until
September 30, 2027.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Homeland Security Situational
Awareness for operations and support, $316,640,000, of which
$95,273,000 shall remain available until September 30, 2024:
Provided, That not to exceed $3,825 shall be for official
reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to
buildings.
Office of the Inspector General
operations and support
For necessary expenses of the Office of the Inspector
General for operations and support, $214,879,000: Provided,
That not to exceed $300,000 may be used for certain
confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector
General.
Administrative Provisions
(including transfer of funds)
Sec. 101. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2023, to the
Inspector General of the Department of Homeland Security
listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2022 or
2023.
[[Page H10150]]
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the Senate
and the House of Representatives not later than February 15,
2024.
Sec. 102. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report that includes total
obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of
cost, schedule, and performance.
Sec. 104. (a) The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9705(g)(4)(B) of title 31, United
States Code, from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland
Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the
proposed transfer.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
Sec. 106. (a) The Under Secretary for Management shall
brief the Committees on Appropriations of the Senate and the
House of Representatives not later than 45 days after the end
of each fiscal quarter on all Level 1 and Level 2 acquisition
programs on the Master Acquisition Oversight list between
Acquisition Decision Event and Full Operational Capability,
including programs that have been removed from such list
during the preceding quarter.
(b) For each such program, the briefing described in
subsection (a) shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s)
sponsoring the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in breach
status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years,
the current year, and the budget year;
(D) a breakout of the estimate by appropriation account or
other funding source; and
(E) a description of and rationale for any changes to the
estimate as compared to the previously approved baseline, as
applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for
the current fiscal year, and an estimate for the planned
carryover of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
(c) The Under Secretary for Management shall submit each
approved Acquisition Decision Memorandum for programs
described in this section to the Committees on Appropriations
of the Senate and the House of Representatives not later than
five business days after the date of approval of such
memorandum by the Under Secretary for Management or the
designee of the Under Secretary.
Sec. 107. (a) None of the funds made available to the
Department of Homeland Security in this Act or prior
appropriations Acts may be obligated for any new pilot or
demonstration unless the component or office carrying out
such pilot or demonstration has documented the information
described in subsection (c).
(b) Prior to the obligation of any such funds made
available for ``Operations and Support'' for a new pilot or
demonstration, the Under Secretary for Management shall
provide a report to the Committees on Appropriations of the
Senate and the House of Representatives on the information
described in subsection (c).
(c) The information required under subsections (a) and (b)
for a pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such
data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a
projected end date.
(d) Not later than 90 days after the date of completion of
a pilot or demonstration described in subsection (e) the
Under Secretary for Management shall provide a report to the
Committees on Appropriations of the Senate and the House of
Representatives detailing lessons learned, actual costs, any
planned expansion or continuation of the pilot or
demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or
demonstration program is a study, demonstration, experimental
program, or trial that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not
include congressionally directed programs or enhancements and
does not include programs that were in operation as of March
15, 2022.
(f) For the purposes of this section, a pilot or
demonstration does not include any testing, evaluation, or
initial deployment phase executed under a procurement
contract for the acquisition of information technology
services or systems, or any pilot or demonstration carried
out by a non-federal recipient under any financial assistance
agreement funded by the Department.
Sec. 108. Of the amount made available by section 4005 of
the American Rescue Plan Act of 2021 (Public Law 117-2),
$14,000,000 shall be transferred to ``Office of Inspector
General--Operations and Support'' for oversight of the use of
funds made available under such section 4005.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied alien minors; the provision
of air and marine support to Federal, State, local, and
international agencies in the enforcement or administration
of laws enforced by the Department of Homeland Security; at
the discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $15,590,694,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
be available until September 30, 2024; and of which such sums
as become available in the Customs User Fee Account, except
sums subject to section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided,
That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to
exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations: Provided
further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided further, That $800,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance''
to support sheltering and related activities provided by non-
Federal entities, including facility improvements and
construction, in support of relieving overcrowding in short-
term holding facilities of U.S. Customs and Border
Protection, of which not to exceed $11,200,000 shall be for
the administrative costs of the Federal Emergency Management
Agency: Provided further, That not to exceed $5,000,000 may
be transferred to the Bureau of Indian Affairs for the
maintenance and repair of roads on Native American
reservations used by the U.S. Border Patrol: Provided
further, That of the amounts made available under this
heading for the Executive Leadership and Oversight program,
project, and activity, as outlined in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), $5,000,000 shall not be
available for obligation until the reports concerning human
capital strategic plans and the Office of Field Operations
workload staffing model that are directed in such explanatory
statement are submitted to the Committees on Appropriations
of the Senate and the House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurement of marine vessels, aircraft, and
unmanned aerial systems, $581,558,000, of which $481,658,000
shall remain available until September 30, 2025; and of which
$99,900,000 shall remain available until September 30, 2027.
[[Page H10151]]
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $8,396,305,000;
of which not less than $6,000,000 shall remain available
until expended for efforts to enforce laws against forced
child labor; of which $46,696,000 shall remain available
until September 30, 2024; of which not less than $2,000,000
is for paid apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps; of which
not less than $15,000,000 shall be available for
investigation of intellectual property rights violations,
including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than
$4,181,786,000 shall be for enforcement, detention, and
removal operations, including transportation of unaccompanied
alien minors: Provided, That not to exceed $11,475 shall be
for official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available
until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19
U.S.C. 2081): Provided further, That not to exceed $2,000,000
shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary
of Homeland Security: Provided further, That not to exceed
$11,216,000 shall be available to fund or reimburse other
Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the
amounts made available under this heading for the Executive
Leadership and Oversight program, project, and activity, as
outlined in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), $5,000,000 shall not be available for obligation until
the reports directed under this heading in the explanatory
statements accompanying Public Laws 116-6, 116-93, and 117-
103 have been submitted to the Committees on Appropriations
of the Senate and the House of Representatives.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$22,997,000, to remain available until September 30, 2025.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $8,798,363,000, to
remain available until September 30, 2024: Provided, That not
to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49,
United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for
aviation security: Provided further, That the sum
appropriated under this heading from the general fund shall
be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2023 so as to
result in a final fiscal year appropriation from the general
fund estimated at not more than $6,308,363,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $141,645,000, to remain available until
September 30, 2025.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $33,532,000, to
remain available until September 30, 2024.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations
and support including the Coast Guard Reserve; purchase or
lease of not to exceed 25 passenger motor vehicles, which
shall be for replacement only; purchase or lease of small
boats for contingent and emergent requirements (at a unit
cost of not more than $700,000) and repairs and service-life
replacements, not to exceed a total of $31,000,000; purchase,
lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156
of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $9,700,478,000, of which $530,000,000
shall be for defense-related activities; of which $24,500,000
shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which
$20,000,000 shall remain available until September 30, 2025;
of which $24,359,000 shall remain available until September
30, 2027, for environmental compliance and restoration; and
of which $70,000,000 shall remain available until September
30, 2024, which shall only be available for vessel depot
level maintenance: Provided, That not to exceed $23,000 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of
Defense installations used by the Coast Guard), and vessels
and aircraft, including equipment related thereto,
$1,669,650,000, to remain available until September 30, 2027;
of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $7,476,000, to remain
available until September 30, 2025, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, United States Code, concurrent receipts, combat-
related special compensation, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $2,044,414,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652 vehicles for police-type use; hire of passenger
motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; rental of buildings in the District
of Columbia; fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control, as may be necessary to perform
protective functions; conduct of and participation in
firearms matches; presentation of awards; conduct of
behavioral research in support of protective intelligence and
operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and
payment, without regard to section 5702 of title 5, United
States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty
stations; $2,734,267,000; of which $52,296,000 shall remain
available until September 30, 2024, and of which $6,000,000
shall be for a grant for activities related to investigations
of missing and exploited children; and of which up to
$20,500,000 may be for calendar year 2022 premium pay in
excess of the annual equivalent of the limitation on the rate
of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for
Protective Services Act of 2016 (5 U.S.C. 5547 note), as last
amended by Public Law 116-269: Provided, That not to exceed
$19,125 shall be for official reception and representation
expenses: Provided further, That not to exceed $100,000 shall
be to provide technical assistance and equipment to foreign
law enforcement organizations in criminal investigations
within the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $83,888,000,
to remain available until September 30, 2025.
research and development
For necessary expenses of the United States Secret Service
for research and development, $4,025,000, to remain available
until September 30, 2024.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act, except that ``fiscal year 2023'' shall be
substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections
740 and 1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs
and Border Protection--Operations and Support'', $31,000,000,
to remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2023 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-125), or other such authorizing language.
[[Page H10152]]
(b) To the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to
remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law,
none of the funds provided in this or any other Act shall be
used to approve a waiver of the navigation and vessel-
inspection laws pursuant to section 501(b) of title 46,
United States Code, for the transportation of crude oil
distributed from and to the Strategic Petroleum Reserve until
the Secretary of Homeland Security, after consultation with
the Secretaries of the Departments of Energy and
Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels.
(b) The Secretary shall notify the Committees on
Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
section 501(b) of title 46, United States Code, with respect
to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and
passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern
border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall submit an expenditure plan for any
amounts made available for ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in
this Act and prior Acts to the Committees on Appropriations
of the Senate and the House of Representatives.
(b) No such amounts provided in this Act may be obligated
prior to the submission of such plan.
Sec. 209. Section 211 of the Department of Homeland
Security Appropriations Act, 2021 (division F of Public Law
116-260), prohibiting the use of funds for the construction
of fencing in certain areas, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act.
Sec. 210. (a) Funds made available in this Act may be used
to alter operations within the National Targeting Center of
U.S. Customs and Border Protection.
(b) None of the funds provided by this Act, provided by
previous appropriations Acts that remain available for
obligation or expenditure in fiscal year 2023, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the components
funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 211. (a) Of the amounts transferred from ``U.S.
Customs and Border Protection--Operations and Support'' to
``Federal Emergency Management Agency--Federal Assistance''
in this Act, up to $785,000,000 may be made available for the
emergency food and shelter program under title II of the
McKinney Vento Homeless Assistance Act (42 U.S.C. 11331) for
the purposes of providing shelter and other services to
families and individuals encountered by the Department of
Homeland Security.
(b) Notwithstanding sections 313(a) and 316 of such Act, up
to $50,000,000 of any amounts made available to the emergency
food and shelter program under subsection (a) may be used for
the construction and expansion of shelter facilities.
(c) Notwithstanding section 311 of such Act, funds made
available for the purposes described in subsection (b) may be
awarded to the Emergency Food and Shelter Program National
Board up to 6 months after the date of enactment of this Act.
(d) Notwithstanding sections 315 and 316(b) of such Act,
funds made available under subsection (b) may be disbursed by
the Emergency Food and Shelter Program National Board up to
24 months after the date on which such funds become
available.
(e) Amounts made available under subsection (a) may be
available for the reimbursement of costs incurred after June
30, 2022.
(f) The real property disposition requirements at 2 CFR
200.311(c) shall not apply to grants funded by the amounts
transferred from ``U.S. Customs and Border Protection--
Operations and Support'' to ``Federal Emergency Management
Agency--Federal Assistance'' in this Act.
Sec. 212. Of the total amount made available under ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'', $581,558,000 shall be available only as
follows:
(1) $230,277,000 for the acquisition and deployment of
border security technologies;
(2) $126,047,000 for trade and travel assets and
infrastructure;
(3) $99,900,000 for facility construction and improvements;
(4) $92,661,000 for integrated operations assets and
infrastructure; and
(5) $32,673,000 for mission support and infrastructure.
Sec. 213. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 214. (a) None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
(b) The performance evaluations referenced in subsection
(a) shall be conducted by the U.S. Immigration and Customs
Enforcement Office of Professional Responsibility.
Sec. 215. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 216. The reports required to be submitted under
section 216 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260)
shall continue to be submitted semimonthly and each matter
required to be included in such reports by such section 216
shall apply in the same manner and to the same extent during
the period described in such section 216.
Sec. 217. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act,
2020 (division D of Public Law 116-93) shall apply to this
Act.
Sec. 218. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 219. Any award by the Transportation Security
Administration to deploy explosives detection systems shall
be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 220. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2023, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 221. Not later than 45 days after the submission of
the President's budget proposal, the Administrator of the
Transportation Security Administration shall submit to the
Committees on Appropriations and Commerce, Science, and
Transportation of the Senate and the Committees on
Appropriations and Homeland Security in the House of
Representatives a single report that fulfills the following
requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security
Appropriations Act, 2019 (Senate Report 115-283).
Sec. 222. Section 225 of division A of Public Law 116-6
(49 U.S.C. 44901 note), relating to a pilot program for
screening outside of an existing primary passenger terminal
screening area, is amended in subsection (e) by striking
``2023'' and inserting ``2025''.
Sec. 223. (a) None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support''
shall be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operations and Support''.
[[Page H10153]]
(b) To the extent such fees are insufficient to pay
expenses of recreational vessel documentation under such
section 12114, and there is a backlog of recreational vessel
applications, personnel performing non-recreational vessel
documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform documentation under
section 12114.
Sec. 224. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, in
accordance with the notification requirement described in
subsection (b) of such section, up to the following amounts
may be reprogrammed within ``Coast Guard--Operations and
Support''--
(1) $10,000,000 to or from the ``Military Personnel''
funding category; and
(2) $10,000,000 between the ``Field Operations'' funding
subcategories.
Sec. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a future-years capital investment plan as
described in the second proviso under the heading ``Coast
Guard--Acquisition, Construction, and Improvements'' in the
Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such
heading.
Sec. 226. Of the funds made available for defense-related
activities under the heading ``Coast Guard--Operations and
Support'', up to $190,000,000 that are used for enduring
overseas missions in support of the global fight against
terrorism may be reallocated by program, project, and
activity, notwithstanding section 503 of this Act.
Sec. 227. None of the funds in this Act shall be used to
reduce the Coast Guard's legacy Operations Systems Center
mission or its government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 230. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2023 shall be available until expended to
carry out the purposes of section 2946 of title 14, United
States Code, and shall be in addition to funds otherwise
available for such purposes.
Sec. 231. (a) Notwithstanding section 2110 of title 46,
United States Code, none of the funds made available in this
Act shall be used to charge a fee for an inspection of a
towing vessel, as defined in 46 CFR 136.110, that utilizes
the Towing Safety Management System option for a Certificate
of Inspection issued under subchapter M of title 46, Code of
Federal Regulations.
(b) Subsection (a) shall not apply after the date the
Commandant of the Coast Guard makes a determination under
section 815(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and, as
necessary based on such determination, carries out the
requirements of section 815(b) of such Act.
Sec. 232. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
executive agencies, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 233. (a) None of the funds made available to the
United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security.
(b) The Director of the United States Secret Service may
enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 235. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 236. Of the amounts made available by this Act under
the heading ``United States Secret Service--Operations and
Support'', $23,000,000, to remain available until expended,
shall be distributed as a grant or cooperative agreement for
existing National Computer Forensics Institute facilities
currently used by the United States Secret Service to carry
out activities under section 383 of title 6, United States
Code, of which not to exceed 5 percent, or the applicable
negotiated rate, shall be for the administrative costs of the
Department of Homeland Security in carrying out this section.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$2,350,559,000, of which $36,293,000 shall remain available
until September 30, 2024: Provided, That not to exceed $5,500
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $549,148,000, of which $522,048,000 shall
remain available until September 30, 2025, and of which
$27,100,000 shall remain available until September 30, 2027.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$7,431,000, to remain available until September 30, 2024.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,379,680,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$207,730,000, of which $130,425,000 shall remain available
until September 30, 2025, and of which $77,305,000 shall
remain available until September 30, 2027.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,882,014,000, which shall
be allocated as follows:
(1) $520,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $90,000,000 shall be for
Operation Stonegarden and $15,000,000 shall be for Tribal
Homeland Security Grants under section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606): Provided, That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2023, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $615,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $305,000,000 for the Nonprofit Security Grant Program
under sections 2003 and 2004 of the Homeland Security Act of
2002 (6 U.S.C. 604 and 605), of which $152,500,000 is for
eligible recipients located in high-risk urban areas that
receive funding under section 2003 of such Act and
$152,500,000 is for eligible recipients that are located
outside such areas: Provided, That eligible recipients are
those described in section 2009(b) of such Act (6 U.S.C.
609a(b)) or are an otherwise eligible recipient at risk of a
terrorist or other extremist attack.
(4) $105,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(5) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(6) $720,000,000, to remain available until September 30,
2024, of which $360,000,000 shall be for Assistance to
Firefighter Grants and $360,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762
of title 6, United States Code, and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.).
(8) $312,750,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(9) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(10) $130,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2024: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(11) $56,000,000 for the Next Generation Warning System.
[[Page H10154]]
(12) $335,145,000 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table
entitled ``Community Project Funding/Congressionally Directed
Spending'' under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), of which--
(A) $86,140,285, in addition to amounts otherwise made
available for such purpose, is for emergency operations
center grants under section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c);
(B) $233,043,782, in addition to amounts otherwise made
available for such purpose, is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(e),
notwithstanding subsections (f), (g), and (l) of that section
(42 U.S.C. 5133(f), (g), (l)); and
(C) $15,960,933 is for management and administration costs
of recipients.
(13) $316,119,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $19,945,000,000, to remain available
until expended, shall be for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is
designated by the Congress as being for disaster relief
pursuant to a concurrent resolution on the budget in the
Senate and section 1(f) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$225,000,000, to remain available until September 30, 2024,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $18,500,000 shall be
available for mission support associated with flood
management; and of which $206,500,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2023, no funds shall be
available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $223,770,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $960,647,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That up
to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42
U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. Funds made available under the heading
``Cybersecurity and Infrastructure Security Agency--
Operations and Support'' may be made available for the
necessary expenses of procuring or providing access to
cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United
States, state, local, tribal, and territorial entities,
fusion centers as described in section 210A of the Homeland
Security Act (6 U.S.C. 124h), and Information and Analysis
Organizations.
Sec. 302. (a) The Director of the Cybersecurity and
Infrastructure Security Agency (or the Director's designee)
shall provide the briefings to the Committees on
Appropriations of the Senate and the House of Representatives
described under the heading ``Quarterly Budget and Staffing
Briefings'' in the explanatory statement for division F of
Public Law 117-103 described in section 4 in the matter
preceding division A of such Public Law--
(1) with respect to the first quarter of fiscal year 2023,
not later than the later of 30 days after the date of
enactment of this Act or January 30, 2023; and
(2) with respect to each subsequent fiscal quarter in
fiscal year 2023, not later than 21 days after the end of
each such quarter.
(b) In the event that any such briefing required during
this fiscal year under subsection (a) is not provided, the
amount made available in title III to the Cybersecurity and
Infrastructure Security Agency under the heading ``Operations
and Support'' shall be reduced by $50,000 for each day of
noncompliance with subsection (a), and the amount made
available under such heading and specified in the detailed
funding table in the explanatory statement for this division
described in section 4 (in the matter preceding division A of
this consolidated Act) for Management and Business Activities
shall be correspondingly reduced by an equivalent amount.
Sec. 303. (a) Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (5) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the recipient for expenses directly related to
administration of the grant.
(b) The authority provided in subsection (a) shall also
apply to a state recipient for the administration of a grant
under such paragraph (3).
Sec. 304. Notwithstanding section 2004(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 605(e)(1)), the
meaning of ``total funds appropriated for grants under this
section and section 2003'' in each place that it appears
shall not include any funds provided for the Nonprofit
Security Grant Program in paragraph (3) under the heading
``Federal Emergency Management Agency--Federal Assistance''
in this Act.
Sec. 305. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (5), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application.
Sec. 306. (a) Under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for grants under
paragraphs (1) through (5) and (9), the Administrator of the
Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing
publicly the intention of making an award.
(b) If any such public announcement is made before 5 full
business days have elapsed following such briefing,
$1,000,000 of amounts appropriated by this Act for ``Federal
Emergency Management Agency--Operations and Support'' shall
be rescinded.
Sec. 307. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 308. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), related to
reporting on the Disaster Relief Fund, shall be applied in
fiscal year 2023 with respect to budget year 2024 and current
fiscal year 2023, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2024''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 309. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Staffing for Adequate Fire and Emergency Response grants, the
Administrator of the Federal Emergency Management Agency may
grant waivers from the requirements in subsections (a)(1)(A),
(a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section
34 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a).
Sec. 310. (a) The aggregate charges assessed during fiscal
year 2023, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year.
(b) The methodology for assessment and collection of fees
shall be fair and equitable and shall reflect costs of
providing such services, including administrative costs of
collecting such fees.
(c) Such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2023, and remain available until expended.
Sec. 311. In making grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for
Assistance to Firefighter Grants, the Administrator of the
Federal Emergency Management Agency may waive subsection (k)
of section 33 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229).
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support, including for the E-
Verify Program and for the Refugee and International
Operations Programs, $242,981,000: Provided, That such
[[Page H10155]]
amounts shall be in addition to any other amounts made
available for such purposes, and shall not be construed to
require any reduction of any fee described in section 286(m)
of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That not to exceed $5,000 shall be for
official reception and representation expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $25,000,000, to remain available
until September 30, 2024.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$354,552,000, of which $66,665,000 shall remain available
until September 30, 2024: Provided, That not to exceed $7,180
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $51,995,000, to remain available until
September 30, 2027, for acquisition of necessary additional
real property and facilities, construction and ongoing
maintenance, facility improvements and related expenses of
the Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $384,107,000,
of which $219,897,000 shall remain available until September
30, 2024: Provided, That not to exceed $10,000 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology
Directorate for procurement, construction, and improvements,
$55,216,000, to remain available until September 30, 2027.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $461,218,000, to
remain available until September 30, 2025.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $151,970,000,
of which $50,446,000 shall remain available until September
30, 2024: Provided, That not to exceed $2,250 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $75,204,000, to remain available until
September 30, 2025.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $64,615,000,
to remain available until September 30, 2025.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$139,183,000, to remain available until September 30, 2025.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease.
(b) The Director of U.S. Citizenship and Immigration
Services may authorize employees who are assigned to those
areas to use such vehicles to travel between the employees'
residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 403. Notwithstanding any other provision of law, any
Federal funds made available to U.S. Citizenship and
Immigration Services may be used for the collection and use
of biometrics taken at a U.S. Citizenship and Immigration
Services Application Support Center that is overseen
virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 405. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ``Procurement,
Construction, and Improvements'' account from Government
agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C.
1535(b)).
(b) The Federal Law Enforcement Training Centers shall
maintain administrative control and ownership upon completion
of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for purposes of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2023, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2023 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the Senate and the House of
Representatives are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act.
(b) Funds from such working capital fund may be obligated
and expended in anticipation of reimbursements from
components of the Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2024,
from appropriations for ``Operations and Support'' for fiscal
year 2023 in this Act shall remain available through
September 30, 2024, in the account and for the purposes for
which the appropriations were provided.
[[Page H10156]]
(b) Prior to the obligation of such funds, a notification
shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives in accordance with
section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2023 until the enactment of an Act authorizing
intelligence activities for fiscal year 2023.
(b) Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--
Operations and Support'' that exceed the amounts in such
authorization for such account shall be transferred to and
merged with amounts made available under the heading
``Management Directorate--Operations and Support''.
(c) Prior to the obligation of any funds transferred under
subsection (b), the Management Directorate shall brief the
Committees on Appropriations of the Senate and the House of
Representatives on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a
letter of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a
contract covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers'
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. No Federal funds may be available to pay the
salary of any employee serving as a contracting officer's
representative, or anyone acting in a similar capacity, who
has not received contracting officer's representative
training.
Sec. 511. Sections 522 and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 512. (a) None of the funds made available in this Act
may be used in contravention of the applicable provisions of
the Buy American Act.
(b) For purposes of subsection (a), the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 513. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452)
unless explicitly authorized by the Congress.
Sec. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 516. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or
local law enforcement agency or any other entity carrying out
criminal investigations, prosecution, or adjudication
activities.
Sec. 521. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code,
or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 523. (a) None of the funds made available in this Act
may be used to pay for the travel to or attendance of more
than 50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination
and the basis for that determination.
(b) For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
(c) The total cost to the Department of Homeland Security
of any such conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without
travel away from their permanent duty station within the
United States shall not be counted for purposes of this
section, and the prohibition contained in this section shall
not apply to payments for the costs of attendance for such
employees.
Sec. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 525. (a) None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for the implementation of any structural pay
reform or the introduction of any new position classification
that will affect more than 100 full-time positions or costs
more than $5,000,000 in a single year before the end of the
30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 526. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 527. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement,
construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 528. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary
schooling of dependents shall continue in effect during
fiscal year 2023.
[[Page H10157]]
Sec. 529. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any
facility operated by or for the Department of Homeland
Security used to detain or otherwise house aliens, or to make
any temporary modification at any such facility that in any
way alters what is observed by a visiting Member of Congress
or such designated employee, compared to what would be
observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by
such a Member for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to
enter a facility described in subsection (a) for the purpose
of conducting oversight.
(c) With respect to individuals described in subsection
(a)(2), the Department of Homeland Security may require that
a request be made at least 24 hours in advance of an intent
to enter a facility described in subsection (a).
Sec. 530. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'',
$3,000,000, to remain available until September 30, 2024,
exclusively for providing reimbursement of extraordinary law
enforcement or other emergency personnel costs for protection
activities directly and demonstrably associated with any
residence of the President that is designated or identified
to be secured by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to
amounts made available by subsection (a) of this section by
substituting ``October 1, 2023'' for ``October 1, 2018'' and
``October 1, 2022'' for ``October 1, 2017''.
Sec. 531. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the
woman.
(c) If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive
restraints, as determined by the appropriate medical
professional treating the woman, may be used. In no case may
restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained
in a face-down position with four-point restraints, on her
back, or in a restraint belt that constricts the area of the
pregnancy. A pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
Sec. 532. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other
record pertaining to any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption
committed by
an individual held in the custody of the Department of
Homeland Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and
regulations, and Federal rules governing disclosure in
litigation, to an individual who has been charged with a
crime, been placed into segregation, or otherwise punished as
a result of an allegation described in paragraph (3), upon
the request of such individual.
Sec. 533. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to any Federal funds in the same manner as such
section applied to funds made available in that Act.
Sec. 534. (a) Not later than 10 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the Under Secretary for Management of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental
component, for which discretionary funding would be
classified as budget function 050.
(b) Each report under this section shall specify, for each
such unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the
case of a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the budget
to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
Sec. 535. (a) Not later than 10 days after a determination
is made by the President to evaluate and initiate protection
under any authority for a former or retired Government
official or employee, or for an individual who, during the
duration of the directed protection, will become a former or
retired Government official or employee (referred to in this
section as a ``covered individual''), the Secretary of
Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations
of the Senate and the House of Representatives, the
Committees on the Judiciary of the Senate and the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate
congressional committees'').
(b) Such notification may be submitted in classified form,
if necessary, and in consultation with the Director of
National Intelligence or the Director of the Federal Bureau
of Investigation, as appropriate, and shall include the
threat assessment, scope of the protection, and the
anticipated cost and duration of such protection.
(c) Not later than 15 days before extending, or 30 days
before terminating, protection for a covered individual, the
Secretary of Homeland Security shall submit a notification
regarding the extension or termination and any change to the
threat assessment to the congressional leadership and the
appropriate congressional committees.
(d) Not later than 45 days after the date of enactment of
this Act, and quarterly thereafter, the Secretary shall
submit a report to the congressional leadership and the
appropriate congressional committees, which may be submitted
in classified form, if necessary, detailing each covered
individual, and the scope and associated cost of protection.
Sec. 536. (a) None of the funds provided to the Department
of Homeland Security in this or any prior Act may be used by
an agency to submit an initial project proposal to the
Technology Modernization Fund (as authorized by section 1078
of subtitle G of title X of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project
proposal to the Technology Modernization Board, the head of
the agency--
(1) notifies the Committees on Appropriations of the Senate
and the House of Representatives of the proposed submission
of the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding
requested as part of the Department's most recent budget
submission.
(b) None of the funds provided to the Department of
Homeland Security by the Technology Modernization Fund shall
be available for obligation until 15 days after a report on
such funds has been transmitted to the Committees on
Appropriations of the Senate and the House of
Representatives.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable;
and
(5) other information as determined by the Secretary.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2024 that
assumes revenues or proposes a reduction from the previous
year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary
of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such
proposals in the event that they are not enacted prior to
October 1, 2023.
Sec. 538. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 539. No Federal funds made available to the
Department of Homeland Security may be used to enter into a
procurement contract, memorandum of understanding, or
cooperative agreement with, or make a grant to, or provide a
loan or guarantee to, any entity identified under section
1260H of the William M. (Mac) Thornberry National Defense
Authorization Act
[[Page H10158]]
for Fiscal Year 2021 (Public Law 116-283) or any subsidiary
of such entity.
Sec. 540. Section 205 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5135) is
amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) at the end of subparagraph (A), by adding ``and''; and
(iii) at the end of subparagraph (B), by striking ``; and''
and inserting a period;
(B) in paragraph (3)(D), by striking ``local governments,
insular areas, and Indian tribal governments'' and inserting
``local governments and Tribal governments''; and
(C) by striking paragraph (4); and
(2) in subsection (m)--
(A) by striking paragraph (3) and inserting the following:
``(3) Eligible entity.--The term `eligible entity' means a
State or an Indian tribal government that has received a
major disaster declaration pursuant to section 401.'';
(B) by striking paragraphs (5) and (10);
(C) by redesignating paragraphs (6) through (9) as
paragraphs (5) through (8), respectively; and
(D) by redesignating paragraph (11) as paragraph (9).
Sec. 541. For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $3,000,000, to
remain available until September 30, 2024, for an Emergency
Operations Center grant under section 614 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c), in addition to amounts otherwise available,
for the project identified as the ``Vermilion Safe Room'' in
the table entitled ``Homeland Incorporation of Community
Project Funding Items/Congressionally Directed Spending
Items'' under the heading ``Federal Emergency Management
Agency--Federal Assistance'' in the explanatory statement
described in section 4 in the matter preceding division A of
Public Law 117-103.
Sec. 542. The contents in the ``Senate'' sub column of the
``Requestor(s)'' column for the project identified as the
``Emergency Operations Center'' for the recipient ``Baker
County Sheriff's Office'' in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' under the
heading ``Disclosure of Earmarks and Congressionally Directed
Spending Items'' in the explanatory statement described in
section 4 in the matter preceding division A of Public Law
117-103 are deemed to be amended by striking ``Wyden'' and
inserting ``Merkley, Wyden''.
Sec. 543. Subsection (c) of section 16005 of title VI of
division B of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136) shall be applied as if the
language read as follows: ``Subsection (a) shall apply until
September 30, 2023.''.
Sec. 544. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 545. (a) The Secretary of Homeland Security (in this
section referred to as the ``Secretary'') shall, on a
bimonthly basis beginning immediately after the date of
enactment of this Act, develop estimates of the number of
noncitizens anticipated to arrive at the southwest border of
the United States.
(b) The Secretary shall ensure that, at a minimum, the
estimates developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress in support of the President's annual budget request
pursuant to section 1105 of title 31, United States Code, for
each fiscal year beginning after the date of enactment of
this Act and, for such budget materials shall include--
(A) the most recent bimonthly estimates developed pursuant
to subsection (a);
(B) a description and quantification of the estimates used
to justify funding requests for Department programs related
to border security, immigration enforcement, and immigration
services;
(C) a description and quantification of the anticipated
workload and requirements resulting from such estimates; and
(D) a confirmation as to whether the budget requests for
impacted agencies were developed using the same estimates.
(c) The Secretary shall share the bimonthly estimates
developed pursuant to subsection (a) with the Secretary of
Health and Human Services, the Attorney General, the
Secretary of State, and the Committees on Appropriations of
the Senate and the House of Representatives.
Sec. 546. (a) For an additional amount for the accounts, in
the amounts, and for the purposes specified, in addition to
amounts otherwise made available for such purposes--
(1) ``U.S. Customs and Border Protection--Operations and
Support'', $1,563,143,000 for border management requirements
of the U.S. Customs and Border Protection; and
(2) ``U.S. Immigration and Customs Enforcement--Operations
and Support'', $339,658,000 for non-detention border
management requirements.
(b) None of the funds provided in subsection (a)(1) shall
be used--
(1) to hire permanent Federal employees;
(2) for any flight hours other than those flown by U.S.
Customs and Border Protection, Air and Marine Operations,
except for internal transportation of noncitizens; or
(3) to acquire, maintain, or extend border security
technology and capabilities, except for technology and
capabilities to improve Border Patrol processing.
(c) Not later than 45 days after the date of enactment of
this Act, the Under Secretary for Management shall provide an
expenditure plan for the use of the funds made available in
subsection (a).
(d) The plan required in subsection (c) shall be updated to
reflect changes and expenditures and submitted to the
Committees on Appropriations of the Senate and the House of
Representatives every 60 days until all funds are expended or
expired.
Sec. 547. Section 210G(i) of the Homeland Security Act of
2002 (6 U.S.C. 124n(i)) shall be applied by substituting
``September 30, 2023'' for ``the date that is 4 years after
the date of enactment of this section''.
(rescissions of funds)
Sec. 548. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985:
(1) $139,928,000 from the unobligated balances available
under the heading ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements''.
(2) $12,207 from the unobligated balances available in the
``Transportation Security Administration--Transportation
Security Support'' account (70 X 0554).
(3) $32,750,000 from the unobligated balances available in
the ``U.S. Citizenship and Immigration Services--Operations
and Support'' account (70 22/23 0300).
(4) $187,278 from the unobligated balances available in the
``U.S. Citizenship and Immigration Services--Operations and
Support'' account (70 X 0300).
(5) $65,165 from the unobligated balances available in the
``Federal Emergency Management Agency--State and Local
Programs'' account (70 X 0560).
(6) $50,880 from the unobligated balances available in the
``Information Analysis and Infrastructure Protection--
Operating Expenses'' account (70 X 0900).
(7) $113,000,000 from the unobligated balances available
under the heading ``Management Directorate--Procurement,
Construction, and Improvements''.
(8) $42,730,000 from Public Law 116-93 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
(9) $19,000,000 from Public Law 116-6 under the heading
``Coast Guard--Procurement, Construction, and Improvements''.
Sec. 549. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2022 (Public Law 117-103) are rescinded:
(1) $23,858,130 from ``Office of the Secretary and
Executive Management--Operations and Support''.
(2) $604,580 from ``Management Directorate--Operations and
Support''.
(3) $636,170 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support''.
(4) $338,830 from ``U.S. Customs and Border Protection--
Operations and Support''.
(5) $8,972,900 from ``U.S. Immigration and Customs
Enforcement--Operations and Support''.
(6) $6,332,670 from ``United States Secret Service--
Operations and Support''.
(7) $1,250,420 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support''.
(8) $10,899 from ``Federal Emergency Management Agency--
Operations and Support''.
(9) $3,208,190 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(10) $459,790 from ``Federal Law Enforcement Training
Centers--Operations and Support''.
(11) $141,630 from ``Science and Technology Directorate--
Operations and Support''.
(12) $350,450 from ``Countering Weapons of Mass Destruction
Office--Operations and Support''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2023''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,368,969,000,
[[Page H10159]]
to remain available until September 30, 2024; of which
$76,187,000 for annual maintenance and deferred maintenance
programs and $147,888,000 for the wild horse and burro
program, as authorized by Public Law 92-195 (16 U.S.C. 1331
et seq.), shall remain available until expended: Provided,
That amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations:
Provided further, That of the amounts made available under
this heading, up to $3,500,000 may be made available for the
purposes described in section 122(e)(1)(A) of division G of
Public Law 115-21 (43 U.S.C. 1748c(e)(1)(A)): Provided
further, That of the amounts made available under this
heading, $3,500,000 is for projects specified for Land
Management Priorities in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2023, so as to result in a final appropriation estimated at
not more than $1,368,969,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $120,334,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary of
the Interior to improve, protect, or rehabilitate any public
lands administered through the Bureau of Land Management
which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such
action are used on the exact lands damaged which led to the
action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other
damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements, and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis.
United States Fish and Wildlife Service
resource management
(including transfer of funds)
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,555,684,000, to remain available until
September 30, 2024: Provided, That not to exceed $23,398,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii) of such section): Provided
further, That of the amount appropriated under this heading,
$25,641,000, to remain available until September 30, 2025,
shall be for projects specified for Stewardship Priorities in
the table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be
transferred to the appropriate program, project, or activity
under this heading and shall continue to only be available
for the purposes and in such amounts as such funds were
originally appropriated.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $29,904,000, to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $24,564,000,
to remain available until expended, to be derived from the
Cooperative Endangered Species Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $50,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$5,100,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $21,000,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $73,812,000, to remain
available until expended: Provided, That of the amount
provided herein, $6,200,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$7,612,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$13,812,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia
[[Page H10160]]
and to the Commonwealth of Puerto Rico, each a sum equal to
not more than one-half of 1 percent thereof; and (2) to Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof:
Provided further, That the Secretary of the Interior shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2023 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2024, shall be reapportioned, together with funds
appropriated in 2025, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation
areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which
the United States has title, and which are used pursuant to
law in connection with management, and investigation of fish
and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost sharing
and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share at
least one-half the cost of printing either in cash or
services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That
the Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended:
Provided further, That the second proviso under the heading
``United States Fish and Wildlife Service--Resource
Management'' in title I of division E of Public Law 112-74
(16 U.S.C. 742l-1) is amended by striking ``2012'' and
inserting ``2023'' and striking ``$400,000'' and inserting
``$750,000''.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,923,424,000, of which
$11,661,000 for planning and interagency coordination in
support of Everglades restoration and $135,980,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $188,184,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$10,000,000 for uses authorized by section 101122 of title
54, United States Code shall remain available until September
30, 2024: Provided, That funds appropriated under this
heading in this Act are available for the purposes of section
5 of Public Law 95-348: Provided further, That
notwithstanding section 9 of the 400 Years of African-
American History Commission Act (36 U.S.C. note prec. 101;
Public Law 115-102), $3,300,000 of the funds provided under
this heading shall be made available for the purposes
specified by that Act: Provided further, That sections (7)(b)
and (8) of that Act shall be amended by striking ``July 1,
2023'' and inserting ``July 1, 2024''.
In addition, for purposes described in section 2404 of
Public Law 116-9, an amount equal to the amount deposited in
this fiscal year into the National Park Medical Services Fund
established pursuant to such section of such Act, to remain
available until expended, shall be derived from such Fund.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $92,512,000, to remain available until
September 30, 2024, of which $2,919,000 shall be for projects
specified for Statutory and Contractual Aid in the table
titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $204,515,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2024, of which $26,500,000 shall be for
Save America's Treasures grants for preservation of
nationally significant sites, structures and artifacts as
authorized by section 7303 of the Omnibus Public Land
Management Act of 2009 (54 U.S.C. 3089): Provided, That an
individual Save America's Treasures grant shall be matched by
non-Federal funds: Provided further, That individual projects
shall only be eligible for one grant: Provided further, That
all projects to be funded shall be approved by the Secretary
of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $1,250,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently under-represented, as determined by the Secretary;
$29,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement; $11,000,000 is for
grants to Historically Black Colleges and Universities;
$12,500,000 is for competitive grants for the restoration of
historic properties of national, State, and local
significance listed on or eligible for inclusion on the
National Register of Historic Places, to be made without
imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical
Preservation Act; $10,000,000 is for a competitive grant
program to honor the semiquincentennial anniversary of the
United States by restoring and preserving sites and
structures listed on the National Register of Historic Places
that commemorate the founding of the nation; and $29,115,000
is for projects specified for the Historic Preservation Fund
in the table titled ``Interior and Environment Incorporation
of Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That such competitive grants shall be made without
imposing the matching requirements in section 302902(b)(3) of
title 54, United States Code to States and Indian tribes as
defined in chapter 3003 of such title, Native Hawaiian
organizations, local governments, including Certified Local
Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and related equipment, and compliance
and planning for programs and areas administered by the
National Park Service, $239,803,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal
year 2023 with a future phase indicated in the National Park
Service 5-Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of
the project: Provided further, That the solicitation and
contract shall contain the clause availability of funds found
at 48 CFR 52.232-18: Provided further, That National Park
Service Donations, Park Concessions Franchise Fees, and
Recreation Fees may be made available for the cost of
adjustments and changes within the original scope of effort
for projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the
Interior shall consult with the Committees on Appropriations,
in accordance with current reprogramming thresholds, prior to
making any charges authorized by this section.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $15,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
[[Page H10161]]
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 203.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
(including transfer of funds)
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,497,178,000, to
remain available until September 30, 2024; of which
$92,184,000 shall remain available until expended for
satellite operations; and of which $74,840,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities: Provided further, That of the
amount appropriated under this heading, $2,130,000 shall be
for projects specified for Special Initiatives in the table
titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
amounts in the preceding proviso may be transferred to the
appropriate program, project, or activity under this heading
and shall continue to only be available for the purposes and
in such amounts as such funds were originally appropriated.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the
United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering
leases, easements, rights-of-way, and agreements for use for
oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for
environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or
cooperative agreements, $219,960,000, of which $182,960,000
is to remain available until September 30, 2024, and of which
$37,000,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts
collected by the Secretary of the Interior and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments,
analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be
reduced as such collections are received during the fiscal
year, so as to result in a final fiscal year 2023
appropriation estimated at not more than $182,960,000:
Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way, and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $175,886,000, of which
$153,886,000 is to remain available until September 30, 2024,
and of which $22,000,000 is to remain available until
expended, including $3,000,000 for offshore decommissioning
activities: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary of the Interior
and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities
conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further,
That the sum herein appropriated shall be reduced as such
collections are received during the fiscal year, so as to
result in a final fiscal year 2023 appropriation estimated at
not more than $156,886,000.
For an additional amount, $38,000,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2023, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $38,000,000, the amounts realized in excess of
$38,000,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2023, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016;
title IV, sections 4202 and 4303; title VII; and title VIII,
section 8201 of the Oil Pollution Act of 1990, $15,099,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $121,026,000, to remain available until September
30, 2024, of which $65,000,000 shall be available for State
and tribal regulatory grants: Provided, That appropriations
for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2023
appropriation estimated at not more than $121,026,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$33,904,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $135,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities in accordance with the terms and
conditions described in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount
shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)): Provided further, That of such additional amount,
$88,042,000 shall be
[[Page H10162]]
distributed in equal amounts to the three Appalachian States
with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such
section, $35,218,000 shall be distributed in equal amounts to
the three Appalachian States with the subsequent greatest
amount of unfunded needs to meet such priorities, and
$11,740,000 shall be for grants to federally recognized
Indian Tribes without regard to their status as certified or
uncertified under the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned
mine lands and other related activities in accordance with
the terms and conditions described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) and shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control
and Reclamation Act of 1977: Provided further, That such
additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this
Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13) and the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), $1,906,998,000, to remain available until
September 30, 2024, except as otherwise provided herein; of
which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $78,494,000
shall be for welfare assistance payments: Provided, That in
cases of designated Federal disasters, the Secretary of the
Interior may exceed such cap for welfare payments from the
amounts provided herein, to provide for disaster relief to
Indian communities affected by the disaster: Provided
further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use
their tribal priority allocations for unmet welfare
assistance costs: Provided further, That not to exceed
$63,586,000 shall remain available until expended for housing
improvement, road maintenance, land acquisition, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That of the
amount appropriated under this heading, $4,240,000 shall be
for projects specified for Special Initiatives (CDS) in the
table titled ``Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That any forestry funds allocated to a federally
recognized tribe which remain unobligated as of September 30,
2024, may be transferred during fiscal year 2025 to an Indian
forest land assistance account established for the benefit of
the holder of the funds within the holder's trust fund
account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2025:
Provided further, That in order to enhance the safety of
Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for
personnel: Provided further, That the Bureau of Indian
Affairs may accept transfers of funds from United States
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the
Bureau of Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
indian land consolidation
For the acquisition of fractional interests to further land
consolidation as authorized under the Indian Land
Consolidation Act Amendments of 2000 (Public Law 106-462),
and the American Indian Probate Reform Act of 2004 (Public
Law 108-374), $8,000,000, to remain available until expended:
Provided, That any provision of the Indian Land Consolidation
Act Amendments of 2000 (Public Law 106-462) that requires or
otherwise relates to application of a lien shall not apply to
the acquisitions funded herein.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs and the Bureau of Indian
Education for fiscal year 2023, such sums as may be
necessary, which shall be available for obligation through
September 30, 2024: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal
year 2023, such sums as may be necessary, which shall be
available for obligation through September 30, 2024:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $153,309,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program
pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided
further, That this appropriation may be reimbursed from the
Office of the Special Trustee for American Indians
appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust
reform implementation: Provided further, That of the funds
made available under this heading, $10,000,000 shall be
derived from the Indian Irrigation Fund established by
section 3211 of the WIIN Act (Public Law 114-322; 130 Stat.
1749): Provided further, That amounts provided under this
heading are made available for the modernization of Federal
field communication capabilities, in addition to amounts
otherwise made available for such purpose.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 114-322, and 116-260, and for
implementation of other land and water rights settlements,
$825,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$13,884,000, to remain available until September 30, 2024, of
which $2,680,000 is for administrative expenses, as
authorized by the Indian Financing Act of 1974: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed or insured, not to exceed
$150,213,551.
Bureau of Indian Education
operation of indian education programs
For expenses necessary for the operation of Indian
education programs, as authorized by law, including the
Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian
Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 5301 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), $1,133,552,000 to remain
available until September 30, 2024, except as otherwise
provided herein: Provided, That federally recognized Indian
tribes and tribal organizations of federally recognized
Indian tribes may use their tribal priority allocations for
unmet welfare assistance costs: Provided further, That not to
exceed $833,592,000 for school operations costs of Bureau-
funded schools and other education programs shall become
available on July 1, 2023, and shall remain available until
September 30, 2024: Provided further, That notwithstanding
any other provision of law, including but not limited to the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.) and section 1128 of the Education Amendments of 1978
(25 U.S.C. 2008), not to exceed $95,822,000 within and only
from such amounts made available for school operations shall
be available for administrative cost grants associated with
grants approved prior to July 1, 2023: Provided further, That
in order to enhance the safety of Bureau field employees, the
Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the
operation of Indian education programs, including
architectural and engineering services by contract;
acquisition of lands, and interests in lands; $267,887,000 to
remain available until expended: Provided, That in order to
ensure timely completion of construction projects, the
Secretary of the Interior may assume control of a project and
all funds related to the project, if, not later than 18
months after the date of the enactment of this Act, any
Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the
project and commenced construction.
administrative provisions
The Bureau of Indian Affairs and the Bureau of Indian
Education may carry out the operation of Indian programs by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs or the Bureau of
Indian Education for central office oversight and Executive
Direction and Administrative Services (except Executive
Direction and Administrative Services funding for Tribal
Priority Allocations, regional offices, and facilities
operations and maintenance) shall be available for contracts,
grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs or the
Bureau of Indian Education,
[[Page H10163]]
this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding
formula, only to the schools in the Bureau school system as
of September 1, 1996, and to any school or school program
that was reinstated in fiscal year 2012. Funds made available
under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a
Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation,
construction, or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further,
That the term ``satellite school'' means a school location
physically separated from the existing Bureau school by more
than 50 miles but that forms part of the existing school in
all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian
Education Programs may be used to execute requested
adjustments in tribal priority allocations initiated by an
Indian Tribe.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,272,000, to remain available until expended, of
which not to exceed $17,867,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs''
and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor,
``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided
further, That funds made available through contracts or
grants obligated during fiscal year 2023, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 15 months and has a balance of $15 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder:
Provided further, That not to exceed $100,000 is available
for the Secretary to make payments to correct administrative
errors of either disbursements from or deposits to Individual
Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for
this purpose: Provided further, That the Secretary shall not
be required to reconcile Special Deposit Accounts with a
balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit
Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management
Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least 5 years and shall not be
required to generate periodic statements of performance for
the individual accounts: Provided further, That with respect
to the preceding proviso, the Secretary shall continue to
maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and
income, and such funds shall remain available to the
individual account holders.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $135,884,000, to remain available until
September 30, 2024; of which not to exceed $15,000 may be for
official reception and representation expenses; of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $14,295,000 for Indian land, mineral, and
resource valuation activities shall remain available until
expended: Provided, That funds for Indian land, mineral, and
resource valuation activities may, as needed, be transferred
to and merged with the Bureau of Indian Affairs ``Operation
of Indian Programs'' and Bureau of Indian Education
``Operation of Indian Education Programs'' accounts and the
Office of the Special Trustee ``Federal Trust Programs''
account: Provided further, That funds made available through
contracts or grants obligated during fiscal year 2023, as
authorized by the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.), shall remain available until expended
by the contractor or grantee.
administrative provisions
For fiscal year 2023, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $120,357,000, of which: (1) $110,140,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands, as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $10,217,000
shall be available until September 30, 2024, for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local
governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by
such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States
[[Page H10164]]
Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188:
Provided, That of the funds appropriated under this heading,
$5,000,000 is for deposit into the Compact Trust Fund of the
Republic of the Marshall Islands as compensation authorized
by Public Law 108-188 for adverse financial and economic
impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and
restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$101,050,000, to remain available until September 30, 2024.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2024.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $663,786,000,
to remain available until expended, of which not to exceed
$10,000,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That of the funds provided
$247,000,000 is for fuels management activities: Provided
further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition
in Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or
cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided
further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property
with local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $50,000,000 between the
Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall
be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of
State, shall be available to support forestry, wildland fire
management, and related natural resource activities outside
the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international
organizations.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression
operations, $340,000,000, to remain available until
transferred, is additional new budget authority as specified
for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(g) of H. Res. 1151 (117th Congress),
as engrossed in the House of Representatives on June 8, 2022:
Provided, That such amounts may be transferred to and merged
with amounts made available under the headings ``Department
of Agriculture--Forest Service--Wildland Fire Management''
and ``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are
transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in
the Department of Agriculture or the Department of the
Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and
prior appropriations Acts to the agency to which the funds
will be transferred will be obligated within 30 days:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided by law: Provided further, That, in determining
whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management''
in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior
will be obligated within 30 days pursuant to the preceding
proviso, any funds transferred or permitted to be transferred
pursuant to any other transfer authority provided by law
shall be excluded.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,064,000, to
remain available until expended.
energy community revitalization program
(including transfers of funds)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to
hazardous substance releases, remediate lands pursuant to
section 40704 of Public Law 117-58 (30 U.S.C. 1245), and
carry out the purposes of section 349 of the Energy Policy
Act of 2005 (42 U.S.C. 15907), as amended, $5,000,000, to
remain available until expended: Provided, That such amount
shall be in addition to amounts otherwise available for such
purposes: Provided further, That amounts appropriated under
this heading are available for program management and
oversight of these activities: Provided further, That the
Secretary may transfer the funds provided under this heading
in this Act to any other account in the Department to carry
out such purposes, and may expend such funds directly, or
through grants: Provided further, That these amounts are not
available to fulfill Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.)
obligations agreed to in settlement or imposed by a court,
whether for payment of funds or for work to be performed.
[[Page H10165]]
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
54 U.S.C. 100721 et seq., $8,037,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, data management,
information technology improvements of general benefit to the
Department, cybersecurity, and the consolidation of
facilities and operations throughout the Department,
$112,198,000, to remain available until expended: Provided,
That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital
Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That the Secretary of the
Interior may assess reasonable charges to State, local, and
tribal government employees for training services provided by
the National Indian Program Training Center, other than
training related to Public Law 93-638: Provided further, That
the Secretary may lease or otherwise provide space and
related facilities, equipment, or professional services of
the National Indian Program Training Center to State, local
and tribal government employees or persons or organizations
engaged in cultural, educational, or recreational activities
(as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities,
equipment, or services in the vicinity of the National Indian
Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be
credited to this account, shall be available until expended,
and shall be used by the Secretary for necessary expenses of
the National Indian Program Training Center: Provided
further, That the Secretary may enter into grants and
cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties,
fees, and other mineral revenue proceeds, as authorized by
law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available
excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $174,934,000, to remain available until
September 30, 2024; of which $69,751,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary of the Interior concurred with
the claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable
erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary of the Interior,
for the emergency reconstruction, replacement, or repair of
aircraft, buildings, utilities, or other facilities or
equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be
made available under this authority until funds specifically
made available to the Department of the Interior for
emergencies shall have been exhausted: Provided further, That
all funds used pursuant to this section must be replenished
by a supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this
title, in addition to the amounts included in the budget
programs of the several agencies, for the suppression or
emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over
lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes,
storms, or other unavoidable causes; for contingency planning
subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil
spills or releases of hazardous substances into the
environment; for the prevention, suppression, and control of
actual or potential grasshopper and Mormon cricket outbreaks
on lands under the jurisdiction of the Secretary, pursuant to
the authority in section 417(b) of Public Law 106-224 (7
U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any
no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary
to permit assumption of regulatory authority in the event a
primacy State is not carrying out the regulatory provisions
of the Surface Mining Act: Provided, That appropriations made
in this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary of the Interior, in total
amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement
vehicles; hire, maintenance, and operation of aircraft; hire
of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field,
when authorized under regulations approved by the Secretary;
and the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to members
lower than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose. The
Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer
of any funds under this section, including the amount
expended or transferred and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2023. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein, including the use of all or
part of any pier, dock, or landing within the State of New
York and the State of New Jersey, for the purpose of
operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis,
Governors, and Liberty Islands, and of other program and
administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary
consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases,
concession contracts, or other agreements for the use of such
facilities on such terms and conditions as the Secretary may
determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2023, the Secretary of the
Interior shall collect a nonrefundable inspection fee, which
shall be deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2023 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2023. Fees for fiscal
year 2023 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
[[Page H10166]]
(d) Fees for inspection of well operations conducted via
non-rig units as outlined in title 30 CFR 250 subparts D, E,
F, and Q shall be assessed for all inspections completed in
fiscal year 2023. Fees for fiscal year 2023 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under
subsection (b) quarterly, with payment required within 30
days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment
required by the end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law,
during fiscal year 2023, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under
title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the
Department of the Interior shall be available for obligation
and expenditure not later than 60 days after the date of
enactment of this Act.
separation of accounts
Sec. 113. The Secretary of the Interior, in order to
implement an orderly transition to separate accounts of the
Bureau of Indian Affairs and the Bureau of Indian Education,
may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in
conformance with the reprogramming guidelines described in
this Act.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code,
shall be applied by substituting ``fiscal year 2023'' for
``fiscal year 2019''.
disclosure of departure or alternate procedure approval
Sec. 115. (a) Subject to subsection (b), in any case in
which the Bureau of Safety and Environmental Enforcement or
the Bureau of Ocean Energy Management prescribes or approves
any departure or use of alternate procedure or equipment, in
regards to a plan or permit, under 30 CFR 585.103; 30 CFR
550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142,
the head of such bureau shall post a description of such
departure or alternate procedure or equipment use approval on
such bureau's publicly available website not more than 15
business days after such issuance.
(b) The head of each bureau may exclude confidential
business information.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by
the State of Virginia or the District of Columbia for the
purpose of the construction of rail and other infrastructure
relating to the Long Bridge Project, the Secretary of the
Interior may convey to the State or the District of Columbia,
as applicable, all right, title, and interest of the United
States in and to any portion of the approximately 4.4 acres
of National Park Service land depicted as ``Permanent Impact
to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National
Park Service land under subsection (a) shall be subject to
any terms and conditions that the Secretary may require. If
such conveyed land is no longer being used for the purposes
specified in this section, the lands or interests therein
shall revert to the National Park Service after they have
been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the
District of Columbia, as applicable, by mutual agreement,
may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. Notwithstanding any other provision of law or
Federal regulation, federally recognized Indian tribes or
authorized tribal organizations that receive Tribally-
Controlled School Grants pursuant to Public Law 100-297 may
obtain interagency motor vehicles and related services for
performance of any activities carried out under such grants
to the same extent as if they were contracting under the
Indian Self-Determination and Education Assistance Act.
national heritage areas and corridors
Sec. 118. (a) Section 109(a) of the Quinebaug and Shetucket
Rivers Valley National Heritage Corridor Act of 1994 (title I
of Public Law 103-449), is amended by striking
``$17,000,000'' and inserting ``$19,000,000''.
(b) Section 409(a) of the Steel Industry American Heritage
Area Act of 1996 (title IV of division II of Public Law 104-
333) is amended by striking ``$20,000,000'' and inserting
``$22,000,000''.
(c) Section 608(a) of the South Carolina National Heritage
Corridor Act of 1996 (title VI of division II of Public Law
104-333) is amended by striking ``$17,000,000'' and inserting
``$19,000,000''.
(d) Subsection 157(h)(1) of the Wheeling National Heritage
Area Act of 2000 (section 157 of Public Law 106-291) is
amended by striking ``$15,000,000'' and inserting
``$17,000,000''.
(e) Sections 411, 432, and 451 of title IV of the
Consolidated Natural Resources Act of 2008 (Public Law 110-
229), are each amended by striking ``the date that is 15
years after the date of'' and all that follows through the
end of each section and inserting ``September 30, 2024.''.
(f) Section 512 of the National Aviation Heritage Area Act
(title V of division J of Public Law 108-447), is amended by
striking ``2022'' and inserting ``2024''.
(g) Section 608 of the Oil Region National Heritage Area
Act (title VI of Public Law 108-447) is amended by striking
``2022'' and inserting ``2024''.
(h) Section 125(a) of Public Law 98-398, as amended by
section 402 of Public Law 109-338 (120 Stat. 1853), is
amended by striking ``$10,000,000'' and inserting
``$12,000,000''.
(i) Section 125(a) of Public Law 98-398 is amended by
striking ``$10,000,000'' and inserting ``$12,000,000''.
appraiser pay authority
Sec. 119. For fiscal year 2023, funds made available in
this or any other Act or otherwise made available to the
Department of the Interior for the Appraisal and Valuation
Services Office may be used by the Secretary of the Interior
to establish higher minimum rates of basic pay for employees
of the Department of the Interior in the Appraiser (GS-1171)
job series at grades 11 through 15 carrying out appraisals of
real property and appraisal reviews conducted in support of
the Department's realty programs at rates no greater than 15
percent above the minimum rates of basic pay normally
scheduled, and such higher rates shall be consistent with
subsections (e) through (h) of section 5305 of title 5,
United States Code.
sage-grouse
Sec. 120. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
state conservation grants
Sec. 121. For expenses necessary to carry out section
200305 of title 54, United States Code, the National Park
Service may retain up to 7 percent of the State Conservation
Grants program to provide to States, the District of
Columbia,
[[Page H10167]]
and insular areas, as matching grants to support state
program administrative costs.
lowell national historic park
Sec. 122. Section 103(a) of Public Law 95-290 (16 U.S.C.
410cc-13(a); 92 Stat. 292) is amended by striking paragraph
(1) and redesignating paragraph (2) as paragraph (1).
visitor experience improvement authority
Sec. 123. Section 101938 of title 54, United States Code,
is amended by striking ``7'' and inserting ``9''.
delaware water gap authority
Sec. 124. Section 4(b) of The Delaware Water Gap National
Recreation Area Improvement Act, as amended by section 1 of
Public Law 115-101, shall be applied by substituting ``2023''
for ``2021''.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; hire,
maintenance, and operation of aircraft; and other operating
expenses in support of research and development,
$802,276,000, to remain available until September 30, 2024:
Provided, That of the funds included under this heading,
$30,751,000 shall be for Research: National Priorities as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), of which $13,251,000 shall be for projects specified
for Science and Technology in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
Environmental Programs and Management
For environmental programs and management, including
necessary expenses not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $9,000 for
official reception and representation expenses,
$3,286,330,000, to remain available until September 30, 2024:
Provided, That funds included under this heading may be used
for environmental justice implementation and training grants,
and associated program support costs: Provided further, That
of the funds included under this heading--
(1) $30,700,000 shall be for Environmental Protection:
National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act);
(2) $681,726,000 shall be for Geographic Programs as
specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act); and
(3) $20,000,000, to remain available until expended, shall
be for grants, including grants that may be awarded on a non-
competitive basis, interagency agreements, and associated
program support costs to establish and implement a program to
assist Alaska Native Regional Corporations, Alaskan Native
Village Corporations, federally-recognized tribes in Alaska,
Alaska Native Non-Profit Organizations and Alaska Native
Nonprofit Associations, and intertribal consortia comprised
of Alaskan tribal entities to address contamination on lands
conveyed under or pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) that were or are
contaminated at the time of conveyance and are on an
inventory of such lands developed and maintained by the
Environmental Protection Agency: Provided, That grants
awarded using funds made available in this paragraph may be
used by a recipient to supplement other funds provided by the
Environmental Protection Agency through individual media or
multi-media grants or cooperative agreements: Provided
further, That of the amounts made available in this
paragraph, in addition to amounts otherwise available for
such purposes, the Environmental Protection Agency may
reserve up to $2,000,000 for salaries, expenses, and
administration.
In addition, $9,000,000, to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year
2023 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein
appropriated in this paragraph from the general fund for
fiscal year 2023 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2023, so as to result in a final fiscal year 2023
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $9,000,000, those amount
in excess of $9,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2023, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds
included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $44,030,000, to remain available until September 30,
2024.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$48,752,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and
operation of aircraft, $1,282,700,000, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2022, and not otherwise
appropriated from the Trust Fund, as authorized by section
517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA) and up to $1,282,700,000 as a payment from
general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided,
That funds appropriated under this heading may be allocated
to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated
under this heading, $11,800,000 shall be paid to the ``Office
of Inspector General'' appropriation to remain available
until September 30, 2024, and $31,607,000 shall be paid to
the ``Science and Technology'' appropriation to remain
available until September 30, 2024.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $93,205,000, to remain
available until expended, of which $67,425,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,780,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, including hire, maintenance, and operation of
aircraft, $22,072,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,480,428,000, to remain
available until expended, of which--
(1) $1,638,861,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$1,126,101,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $863,108,642
of the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $609,255,899 of the
funds made available for capitalization grants for the
Drinking Water State Revolving Funds shall be for the
construction of drinking water, wastewater, and storm water
infrastructure and for water quality protection in accordance
with the terms and conditions specified for such grants in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) for
projects specified for ``STAG--Drinking Water SRF'' and
``STAG--Clean Water SRF'' in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act), and, for purposes of these grants, each grantee shall
contribute not less than 20 percent of the cost of the
project unless the grantee is approved for a waiver by the
Agency: Provided further, That for fiscal year 2023, to the
extent there are sufficient eligible project applications and
projects are consistent with State Intended Use Plans, not
less than 10 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2023, funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants may, at the
discretion of each
[[Page H10168]]
State, be used for projects to address green infrastructure,
water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That
the Administrator is authorized to use up to $1,500,000 of
funds made available for the Clean Water State Revolving
Funds under this heading under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381) to conduct the Clean
Watersheds Needs Survey: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal
year 2023 and prior years where such amounts represent costs
of administering the fund to the extent that such amounts are
or were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2023, notwithstanding
the provisions of subsections (g)(1), (h), and (l) of section
201 of the Federal Water Pollution Control Act, grants made
under title II of such Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, the United States
Virgin Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2023, notwithstanding
the provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2023, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2023, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2023, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2023, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2023,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 14 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to
help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients: Provided further, That notwithstanding
section 1452(o) of the Safe Drinking Water Act (42 U.S.C.
300j-12(o)), the Administrator shall reserve $12,000,000 of
the amounts made available for fiscal year 2023 for making
capitalization grants for the Drinking Water State Revolving
Funds to pay the costs of monitoring for unregulated
contaminants under section 1445(a)(2)(C) of such Act:
Provided further, That of the unobligated balances available
in the ``State and Tribal Assistance Grants'' account
appropriated prior to fiscal year 2012 for ``special project
grants'' or ``special needs infrastructure grants,'' or for
the administration, management, and oversight of such grants,
$13,300,000 are permanently rescinded: Provided further, That
no amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985;
(2) $36,386,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $39,686,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $100,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more
of its population living in poverty over the past 30 years,
as measured by the 1993 Small Area Income and Poverty
Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any territory or
possession of the United States;
(5) $100,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $69,927,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $30,158,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j-19a);
(8) $30,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(9) $25,011,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(10) $7,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(11) $27,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)(8));
(12) $50,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $6,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270);
(14) $6,500,000 shall be for carrying out section 302(a) of
the Save Our Seas 2.0 Act (33 U.S.C. 4283(a)), of which not
more than 2 percent shall be for administrative costs to
carry out such section: Provided, That notwithstanding
section 302(a) of such Act, the Administrator may also
provide grants pursuant to such authority to intertribal
consortia consistent with the requirements in 40 CFR
35.504(a), to former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior), and Alaska
Native Villages as defined in Public Law 92-203;
(15) $7,000,000 shall be for grants under section 103(b)(3)
of the Clean Air Act for wildfire smoke preparedness grants
in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That not more than 3 percent shall be for administrative
costs to carry out such section;
(16) $16,973,000 shall be for State and Tribal Assistance
Grants to be allocated in the amounts specified for those
projects and for the purposes delineated in the table titled
``Interior
[[Page H10169]]
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items'' included for
this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) for remediation, construction, and related
environmental management activities in accordance with the
terms and conditions specified for such grants in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act);
(17) $5,000,000 shall be for grants under section 1459F of
the Safe Drinking Water Act (42 U.S.C. 300j-19g);
(18) $4,000,000 shall be for carrying out section 2001 of
the America's Water Infrastructure Act of 2018 (Public Law
115-270, 42 U.S.C. 300j-3c note): Provided, That the
Administrator may award grants to and enter into contracts
with tribes, intertribal consortia, public or private
agencies, institutions, organizations, and individuals,
without regard to section 3324(a) and (b) of title 31 and
section 6101 of title 41, United States Code, and enter into
interagency agreements as appropriate;
(19) $3,000,000 shall be for grants under section 50217(b)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117-58);
(20) $4,000,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(21) $1,160,625,000 shall be for grants, including
associated program support costs, to States, federally
recognized Tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement, and
related activities, including activities pursuant to the
provisions set forth under this heading in Public Law 104-
134, and for making grants under section 103 of the Clean Air
Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, and under section 2301 of the Water and Waste
Act of 2016 to assist States in developing and implementing
programs for control of coal combustion residuals, of which:
$47,195,000 shall be for carrying out section 128 of CERCLA;
$10,836,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,505,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out
the provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code other than
section 9003(h) of the Solid Waste Disposal Act; $18,512,000
of the funds available for grants under section 106 of the
Federal Water Pollution Control Act shall be for State
participation in national- and State-level statistical
surveys of water resources and enhancements to State
monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $68,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $12,500,000,000: Provided further, That of the
funds made available under this heading, $5,000,000 shall be
used solely for the cost of direct loans and for the cost of
guaranteed loans for projects described in section 5026(9) of
the Water Infrastructure Finance and Innovation Act of 2014
to State infrastructure financing authorities, as authorized
by section 5033(e) of such Act: Provided further, That the
use of direct loans or loan guarantee authority under this
heading for direct loans or commitments to guarantee loans
for any project shall be in accordance with the criteria
published in the Federal Register on June 30, 2020 (85 FR
39189) pursuant to the fourth proviso under the heading
``Water Infrastructure Finance and Innovation Program
Account'' in division D of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94): Provided
further, That none of the direct loans or loan guarantee
authority made available under this heading shall be
available for any project unless the Administrator and the
Director of the Office of Management and Budget have
certified in advance in writing that the direct loan or loan
guarantee, as applicable, and the project comply with the
criteria referenced in the previous proviso: Provided
further, That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the
Administrator shall promptly provide, documentation and
information relating to a project identified in a Letter of
Interest submitted to the Administrator pursuant to a Notice
of Funding Availability for applications for credit
assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment
of this Act.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $7,640,000, to remain available until September 30,
2024.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8), to remain available until expended.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2023.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3024 of the Solid Waste Disposal Act (42 U.S.C.
6939g) for fiscal year 2023, to remain available until
expended.
The Administrator is authorized to transfer up to
$368,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $300,000
per project.
For fiscal year 2023, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2023 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $2,500,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
For fiscal year 2023, the Office of Chemical Safety and
Pollution Prevention and the Office of Water may, using funds
appropriated under the headings ``Environmental Programs and
Management'' and ``Science and Technology'', contract
directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5, for
the temporary or intermittent personal services of students
or recent graduates, who shall be considered employees for
the purposes of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purpose: Provided, That amounts used
for this purpose by the Office of Chemical Safety and
Pollution Prevention and the Office of Water collectively may
not exceed $2,000,000.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $1,000,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
Forest Service
forest service operations
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,152,744,000, to remain available through
September 30, 2026: Provided, That a portion of the funds
made available under this heading shall be for the base
salary and expenses of employees in the Chief's Office, the
Work Environment and Performance
[[Page H10170]]
Office, the Business Operations Deputy Area, and the Chief
Financial Officer's Office to carry out administrative and
general management support functions: Provided further, That
funds provided under this heading shall be available for the
costs of facility maintenance, repairs, and leases for
buildings and sites where these administrative, general
management and other Forest Service support functions take
place; the costs of all utility and telecommunication
expenses of the Forest Service, as well as business services;
and, for information technology, including cyber security
requirements: Provided further, That funds provided under
this heading may be used for necessary expenses to carry out
administrative and general management support functions of
the Forest Service not otherwise provided for and necessary
for its operation.
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $307,273,000, to remain available through
September 30, 2026: Provided, That of the funds provided,
$32,197,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including for invasive plants, and conducting an
international program and trade compliance activities as
authorized, $337,758,000, to remain available through
September 30, 2026, as authorized by law, of which
$30,167,000 shall be for projects specified for Forest
Resource Information and Analysis in the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands,
$1,974,388,000, to remain available through September 30,
2026: Provided, That of the funds provided, $32,000,000 shall
be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That for
the funds provided in the preceding proviso, section
4003(d)(3)(A) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by
substituting ``20'' for ``10'' and section 4003(d)(3)(B) of
the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(d)(3)(B)) shall be applied by substituting ``4'' for
``2'': Provided further, That of the funds provided,
$40,000,000 shall be for forest products: Provided further,
That of the funds provided, $207,000,000 shall be for
hazardous fuels management activities, of which not to exceed
$20,000,000 may be used to make grants, using any authorities
available to the Forest Service under the ``State and Private
Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used
by the Secretary of Agriculture to enter into procurement
contracts or cooperative agreements or to issue grants for
hazardous fuels management activities, and for training or
monitoring associated with such hazardous fuels management
activities on Federal land, or on non-Federal land if the
Secretary determines such activities benefit resources on
Federal land: Provided further, That funds made available to
implement the Community Forest Restoration Act, Public Law
106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the
Forest Service under the ``State and Private Forestry''
appropriation: Provided further, That notwithstanding section
33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the
Secretary of Agriculture, in calculating a fee for grazing on
a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or
direct permittee for a conservation practice approved by the
Secretary in advance of the fiscal year in which the cost of
the conservation practice is incurred, and that the amount
credited shall remain available to the Grazing Association or
the direct permittee, as appropriate, in the fiscal year in
which the credit is made and each fiscal year thereafter for
use on the project for conservation practices approved by the
Secretary: Provided further, That funds appropriated to this
account shall be available for the base salary and expenses
of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range
Betterment Fund'' account, and the ``Management of National
Forest Lands for Subsistence Uses'' account.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $158,048,000, to remain available through
September 30, 2026, for construction, capital improvement,
maintenance, and acquisition of buildings and other
facilities and infrastructure; and for construction,
reconstruction, and decommissioning of roads that are no
longer needed, including unauthorized roads that are not part
of the transportation system, and for maintenance of forest
roads and trails by the Forest Service as authorized by 16
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That
$6,000,000 shall be for activities authorized by 16 U.S.C.
538(a): Provided further, That $5,048,000 shall be for
projects specified for Construction Projects in the table
titled ``Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending
Items'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
funds becoming available in fiscal year 2023 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds
are appropriated.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $664,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2026, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, Public Law
76-591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2026, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2026, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $1,099,000, to remain available through
September 30, 2026.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water, $945,956,000, to remain available
until expended: Provided, That such funds, including
unobligated balances under this heading, are available for
repayment of advances from other appropriations accounts
previously transferred for such purposes: Provided further,
That any unobligated funds appropriated in a previous fiscal
year for hazardous fuels management may be transferred to the
``National Forest System'' account: Provided further, That
such funds shall be available to reimburse State and other
cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire
emergencies are fully repaid by the responsible emergency
management agency: Provided further, That funds provided
shall be available for support to Federal emergency response:
Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading
``Department of Agriculture--Forest Service--Wildland Fire
Management'' for wildfire suppression operations,
$2,210,000,000, to remain available until transferred, is
additional new budget authority as specified for purposes of
section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022: Provided,
That such amounts may be transferred to and merged with
amounts made available under the headings ``Department of the
Interior--Department-Wide Programs--Wildland Fire
Management'' and ``Department of Agriculture--Forest
Service--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are
transferred: Provided further, That amounts may be
transferred to the ``Wildland Fire Management'' accounts in
the Department of the Interior or the Department of
Agriculture only upon the notification of the House and
Senate Committees
[[Page H10171]]
on Appropriations that all wildfire suppression operations
funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority
provided by law: Provided further, That, in determining
whether all wildfire suppression operations funds
appropriated under the heading ``Wildland Fire Management''
in this and prior appropriations Acts to either the
Department of Agriculture or the Department of the Interior
will be obligated within 30 days pursuant to the preceding
proviso, any funds transferred or permitted to be transferred
pursuant to any other transfer authority provided by law
shall be excluded.
communications site administration
(including transfer of funds)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public
Law 115-334), shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be
available to cover the costs described in subsection (c)(3)
of such section of such Act, and shall remain available until
expended: Provided, That such amounts shall be transferred to
the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may
be transferred between accounts affected by the Forest
Service budget restructure outlined in section 435 of
division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided, That any transfer of
funds pursuant to this paragraph shall not increase or
decrease the funds appropriated to any account in this fiscal
year by more than ten percent: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary of Agriculture's
notification of the House and Senate Committees on
Appropriations that all fire suppression funds appropriated
under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used
pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water: Provided, That such transferred funds shall
remain available through September 30, 2026: Provided
further, That none of the funds transferred pursuant to this
paragraph shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with United States
government, private sector, and international organizations:
Provided, That the Forest Service, acting for the
International Program, may sign direct funding agreements
with foreign governments and institutions as well as other
domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), United States private
sector firms, institutions and organizations to provide
technical assistance and training programs on forestry and
rangeland management: Provided further, That to maximize
effectiveness of domestic and international research and
cooperation, the International Program may utilize all
authorities related to forestry, research, and cooperative
assistance regardless of program designations.
Funds appropriated to the Forest Service shall be available
to enter into a cooperative agreement with the Section
509(a)(3) Supporting Organization, ``Forest Service
International Foundation'' to assist the Foundation in
meeting administrative, project, and other expenses, and may
provide for the Foundation's use of Forest Service personnel
and facilities.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges:
Provided, That nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the
Forest Service in order to obtain information technology
services, including telecommunications and system
modifications or enhancements, from the Working Capital Fund
of the Department of Agriculture.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further, That
the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service under the National
Forest System heading shall be available for the Secretary of
Agriculture to enter into cooperative agreements with other
Federal agencies, tribes, States, local governments, private
and nonprofit entities, and educational institutions to
support the work of forest or grassland collaboratives on
activities benefitting Federal lands and adjacent non-Federal
lands, including for technical assistance, administrative
functions or costs, and other capacity support needs
identified by the Forest Service.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions,
[[Page H10172]]
management reviews, land purchase negotiations, and similar
matters unrelated to civil litigation: Provided, That future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Funds appropriated to the Forest Service shall be available
to pay, from a single account, the base salary and expenses
of employees who carry out functions funded by other accounts
for Enterprise Program, Geospatial Technology and
Applications Center, remnant Natural Resource Manager, Job
Corps, and National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
(including rescission of funds)
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,919,670,000, to
remain available until September 30, 2024, except as
otherwise provided herein; and, in addition, $4,627,968,000,
which shall become available on October 1, 2023, and remain
available through September 30, 2025, except as otherwise
provided herein; together with payments received during each
fiscal year pursuant to sections 231(b) and 233 of the Public
Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,500,000 shall be available for each of
fiscal years 2023 and 2024 for grants or contracts with
public or private institutions to provide alcohol or drug
treatment services to Indians, including alcohol
detoxification services: Provided further, That of the total
amount of funds provided, $1,993,510,000 shall remain
available until expended for Purchased/Referred Care, of
which $996,755,000 shall be from funds that become available
on October 1, 2023: Provided further, That of the total
amount specified in the preceding proviso for Purchased/
Referred Care, $108,000,000 shall be for the Indian
Catastrophic Health Emergency Fund of which $54,000,000 shall
be from funds that become available on October 1, 2023:
Provided further, That for each of fiscal years 2023 and
2024, up to $51,000,000 shall remain available until expended
for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That of the total amount of funds provided,
$116,000,000, including $58,000,000 from funds that become
available on October 1, 2023, shall be for costs related to
or resulting from accreditation emergencies, including
supplementing activities funded under the heading ``Indian
Health Facilities'', of which up to $4,000,000 for each of
fiscal years 2023 and 2024 may be used to supplement amounts
otherwise available for Purchased/Referred Care: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health
Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be
deposited in the Fund authorized by section 108A of that Act
(25 U.S.C. 1616a-1) and shall remain available until expended
and, notwithstanding section 108A(c) of that Act (25 U.S.C.
1616a-1(c)), funds shall be available to make new awards
under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a):
Provided further, That the amounts made available within this
account for the Substance Abuse and Suicide Prevention
Program, for Opioid Prevention, Treatment and Recovery
Services, for the Domestic Violence Prevention Program, for
the Zero Suicide Initiative, for the housing subsidy
authority for civilian employees, for Aftercare Pilot
Programs at Youth Regional Treatment Centers, for
transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality
and oversight activities, to improve collections from public
and private insurance at Indian Health Service and tribally
operated facilities, for an initiative to treat or reduce the
transmission of HIV and HCV, for a maternal health
initiative, for the Telebehaviorial Health Center of
Excellence, for Alzheimer's grants, for Village Built
Clinics, for a produce prescription pilot, and for
accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further, That
funds provided in this Act may be used for annual contracts
and grants that fall within 2 fiscal years, provided the
total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available until expended
for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the
Social Security Act, except for those related to the
planning, design, or construction of new facilities: Provided
further, That funding contained herein for scholarship
programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.): Provided further, That none of the funds
provided that become available on October 1, 2023, may be
used for implementation of the Electronic Health Record
System or the Indian Health Care Improvement Fund: Provided
further, That of the funds provided, $74,138,000 is for the
Indian Health Care Improvement Fund and may be used, as
needed, to carry out activities typically funded under the
Indian Health Facilities account: Provided further, That none
of the funds appropriated by this Act, or any other Act, to
the Indian Health Service for the Electronic Health Record
system shall be available for obligation or expenditure for
the selection or implementation of a new Information
Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate
are consulted 90 days in advance of such obligation.
Of the unobligated balances under the heading ``Indian
Health Services'' from amounts made available in title III of
division G of Public Law 117-103 for the fiscal year 2022
costs of staffing and operating new facilities, $29,388,000
are hereby rescinded.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2023, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account: Provided further, That amounts obligated but not
expended by a tribe or tribal organization for contract
support costs for such agreements for the current fiscal year
shall be applied to contract support costs due for such
agreements for subsequent fiscal years.
payments for tribal leases
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal
year 2023, such sums as may be necessary, which shall be
available for obligation through September 30, 2024:
Provided, That notwithstanding any other provision of law, no
amounts made available under this heading shall be available
for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, demolition,
improvement, and equipment of health and related auxiliary
facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites,
purchase and erection of modular buildings, and purchases of
trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care
Improvement Act, and for expenses necessary to carry out such
Acts and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support
activities of the Indian Health Service, $958,553,000, to
remain available until expended; and, in addition,
$501,490,000, which shall become available on October 1,
2023, and remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation, or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That
not to exceed $500,000 may be used for each of fiscal years
2023 and 2024 by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal
facilities: Provided further, That none of the funds provided
that become available on October 1, 2023, may be used for
Health Care Facilities Construction or for Sanitation
Facilities Construction: Provided further, That of the amount
appropriated under this heading for fiscal year 2023 for
Sanitation Facilities Construction, $15,192,000 shall be for
projects specified for Sanitation Facilities Construction
(CDS) in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds appropriated
to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by
the housing programs of the United States Department of
Housing and Urban Development.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not
[[Page H10173]]
to exceed the per diem rate equivalent to the maximum rate
payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical
equipment; purchase of reprints; purchase, renovation, and
erection of modular buildings and renovation of existing
facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services;
uniforms, or allowances therefor as authorized by 5 U.S.C.
5901-5902; and for expenses of attendance at meetings that
relate to the functions or activities of the Indian Health
Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients
may be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for
the health care services of the Indian Health Service until
the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed
final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further,
That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
from which the funds were originally derived, with such
amounts to remain available until expended: Provided further,
That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or
technical assistance: Provided further, That the Indian
Health Service may provide to civilian medical personnel
serving in hospitals operated by the Indian Health Service
housing allowances equivalent to those that would be provided
to members of the Commissioned Corps of the United States
Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation structure
for the Indian Health Service may not be altered without
advance notification to the House and Senate Committees on
Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $83,035,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $85,020,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2023,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $4,676,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $14,400,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$3,060,000, to remain available until expended, which shall
be derived from unobligated balances from prior year
appropriations available under this heading: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single
Navajo or Navajo family who, as of November 30, 1985, was
physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$13,482,000, which shall become available on July 1, 2023,
and shall remain available until September 30, 2024.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$892,855,000, to remain available until September 30, 2024,
except as otherwise provided herein; of which not to exceed
$26,974,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, Smithsonian American
Women's History Museum, National Museum of the American
Latino, and the repatriation of skeletal remains program
shall remain available until expended; and including such
funds as may be necessary to support American overseas
research centers: Provided, That funds appropriated herein
are available for advance payments to
[[Page H10174]]
independent contractors performing research services or
participating in official Smithsonian presentations: Provided
further, That the Smithsonian Institution may expend Federal
appropriations designated in this Act for lease or rent
payments, as rent payable to the Smithsonian Institution, and
such rent payments may be deposited into the general trust
funds of the Institution to be available as trust funds for
expenses associated with the purchase of a portion of the
building at 600 Maryland Avenue, SW, Washington, DC, to the
extent that federally supported activities will be housed
there: Provided further, That the use of such amounts in the
general trust funds of the Institution for such purpose shall
not be construed as Federal debt service for, a Federal
guarantee of, a transfer of risk to, or an obligation of the
Federal Government: Provided further, That no appropriated
funds may be used directly to service debt which is incurred
to finance the costs of acquiring a portion of the building
at 600 Maryland Avenue, SW, Washington, DC, or of planning,
designing, and constructing improvements to such building:
Provided further, That any agreement entered into by the
Smithsonian Institution for the sale of its ownership
interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day
period which begins on the date on which the Secretary of the
Smithsonian submits to the Committees on Appropriations of
the House of Representatives and Senate, the Committees on
House Administration and Transportation and Infrastructure of
the House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the
explanatory statement described in section 4 of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
Stat. 2536) on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$251,645,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
76th Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower
than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor,
for other employees as authorized by law (5 U.S.C. 5901-
5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $170,240,000,
to remain available until September 30, 2024, of which not to
exceed $3,875,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
(including transfer of funds)
For necessary expenses of repair, restoration, and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized,
$39,000,000, to remain available until expended: Provided,
That of this amount, $27,208,000 shall be available for
design and construction of an off-site art storage facility
in partnership with the Smithsonian Institution and may be
transferred to the Smithsonian Institution for such purposes:
Provided further, That contracts awarded for environmental
systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing
Arts, $27,640,000, to remain available until September, 30,
2024.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $17,740,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $15,000,000, to remain available
until September 30, 2024.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $207,000,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $207,000,000 to
remain available until expended, of which $188,250,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $18,750,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $15,750,000 for the purposes
of section 7(h): Provided, That appropriations for carrying
out section 10(a)(2) shall be available for obligation only
in such amounts as may be equal to the total amounts of
gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,661,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further, That
one-tenth of one percent of the funds provided under this
heading may be used for official reception and representation
expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $5,000,000: Provided, That the item
relating to ``National Capital Arts and Cultural Affairs'' in
the Department of the Interior and Related Agencies
Appropriations Act, 1986, as enacted into law by section
101(d) of Public Law 99-190 (20 U.S.C. 956a), shall be
applied in fiscal year 2023 in the second paragraph by
inserting ``, calendar year 2020 excluded'' before the first
period: Provided further, That in determining an eligible
organization's annual income for calendar years 2021, 2022,
and 2023, funds or grants received by the eligible
organization from any supplemental appropriations Act related
to coronavirus or any other law providing appropriations for
the purpose of preventing, preparing for, or responding to
coronavirus shall be counted as part of the eligible
organization's annual income.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $8,585,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,750,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$65,231,000, of which $1,000,000 shall remain available until
September
[[Page H10175]]
30, 2025, for the Museum's equipment replacement program; and
of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to
the Secretary of the Treasury pursuant to section 104(d)(3)
of the Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104-333), in an amount not to exceed $90,000,000:
Provided, That such section is amended by striking
``$150,000,000'' and inserting ``$250,000,000''.
World War I Centennial Commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission,
$1,000,000, to remain available until September 30, 2024:
Provided, That in addition to the authority provided by
section 6(g) of such Act, the World War I Commission may
accept money, in-kind personnel services, contractual
support, or any appropriate support from any executive branch
agency for activities of the Commission.
United States Semiquincentennial Commission
salaries and expenses
For necessary expenses of the United States
Semiquincentennial Commission to plan and coordinate
observances and activities associated with the 250th
anniversary of the founding of the United States, as
authorized by Public Law 116-282, the technical amendments to
Public Law 114-196, $15,000,000, to remain available until
September 30, 2024.
Alyce Spotted Bear and Walter Soboleff Commission on Native Children
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this
paragraph as the ``Commission''), $550,000 to remain
available until September 30, 2024: Provided, That in
addition to the authority provided by section 3(g)(5) and
3(h) of Public Law 114-244, the Commission may hereafter
accept in-kind personnel services, contractual support, or
any appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves, or holdbacks, including
working capital fund charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2024, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2023.
contract support costs, fiscal year 2023 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2023 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2023
with the Bureau of Indian Affairs, Bureau of Indian
Education, and the Indian Health Service: Provided, That such
amounts provided by this Act are not available for payment of
claims for contract support costs for prior years, or for
repayments of payments for settlements or judgments awarding
contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of section 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National
Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida
to acquire lands for Everglades restoration purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a
[[Page H10176]]
grant, except a grant made to a State or local arts agency,
or regional group, may be used to make a grant to any other
organization or individual to conduct activity independent of
the direct grant recipient. Nothing in this subsection shall
prohibit payments made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity within 60 days of enactment of
this Act.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2023.
funding prohibition
Sec. 416. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 417. (a) Notwithstanding any other provision of law,
the Secretary of the Interior, with respect to land
administered by the Bureau of Land Management, or the
Secretary of Agriculture, with respect to land administered
by the Forest Service (referred to in this section as the
``Secretary concerned''), may transfer excess wild horses and
burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local
government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under
subsection (a) immediately on the request of a Federal,
State, or local government agency.
(c) An excess wild horse or burro transferred under
subsection (a) shall lose status as a wild free-roaming horse
or burro (as defined in section 2 of Public Law 92-195
(commonly known as the ``Wild Free-Roaming Horses and Burros
Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving
an excess wild horse or burro pursuant to subsection (a)
shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro
for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 418. Section 503(f) of Public Law 109-54 (16 U.S.C.
580d note) shall be applied by substituting ``September 30,
2023'' for ``September 30, 2019''.
use of american iron and steel
Sec. 419. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 420. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding section 121(c) of
title 40, United States Code, or section 521 of title 40,
United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the
functions of the Department's wildland fire management
program to such organizations.
recreation fees
Sec. 421. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2024'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 422. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on
Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act).
local contractors
Sec. 423. Section 412 of division E of Public Law 112-74
shall be applied by substituting ``fiscal year 2023'' for
``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 424. Section 422 of division F of Public Law 110-161
(121 Stat 1844), as amended, shall be applied by substituting
``fiscal year 2023'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 425. Section 426 of division G of Public Law 113-76
(16 U.S.C. 565a-1 note) shall be applied by substituting
``September 30, 2023'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 426. The authority provided by the 19th unnumbered
paragraph under heading ``Administrative Provisions, Forest
Service'' in title III of Public Law 109-54, as amended,
shall be applied by substituting ``fiscal year 2023'' for
``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 427. Section 339 of the Department of the Interior
and Related Agencies Appropriations Act, 2000 (as enacted
into law by Public Law 106-113; 16 U.S.C. 528 note), as
amended by section 335(6) of Public Law 108-108 and section
432
[[Page H10177]]
of Public Law 113-76, shall be applied by substituting
``fiscal year 2023'' for ``fiscal year 2019''.
chaco canyon
Sec. 428. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq., or to offer for oil and gas leasing,
any Federal lands within the withdrawal area identified on
the map of the Chaco Culture National Historical Park
prepared by the Bureau of Land Management and dated April 2,
2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement
described in section 4 in the matter preceding division A of
the Consolidated Appropriations Act, 2021 (Public Law 116-
260).
tribal leases
Sec. 429. (a) Notwithstanding any other provision of law,
in the case of any lease under section 105(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)), the initial lease term shall commence no earlier
than the date of receipt of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year
2023 consult with tribes and tribal organizations through
public solicitation and other means regarding the
requirements for leases under section 105(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5324(l)) on how to implement a consistent and transparent
process for the payment of such leases.
forest ecosystem health and recovery fund
Sec. 430. The authority provided under the heading
``Forest Ecosystem Health and Recovery Fund'' in title I of
Public Law 111-88, as amended by section 117 of division F of
Public Law 113-235, shall be applied by substituting ``fiscal
year 2023'' for ``fiscal year 2020'' each place it appears.
allocation of projects, national parks and public land legacy
restoration fund and land and water conservation fund
Sec. 431. (a)(1) Within 45 days of enactment of this Act,
the Secretary of the Interior shall allocate amounts made
available from the National Parks and Public Land Legacy
Restoration Fund for fiscal year 2023 pursuant to subsection
(c) of section 200402 of title 54, United States Code, and as
provided in subsection (e) of such section of such title, to
the agencies of the Department of the Interior and the
Department of Agriculture specified, in the amounts
specified, for the stations and unit names specified, and for
the projects and activities specified in the table titled
``Allocation of Funds: National Parks and Public Land Legacy
Restoration Fund Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary
of the Interior and the Secretary of Agriculture, as
appropriate, shall allocate amounts made available for
expenditure from the Land and Water Conservation Fund for
fiscal year 2023 pursuant to subsection (a) of section 200303
of title 54, United States Code, to the agencies and accounts
specified, in the amounts specified, and for the projects and
activities specified in the table titled ``Allocation of
Funds: Land and Water Conservation Fund Fiscal Year 2023'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this
section, neither the President nor his designee may allocate
any amounts that are made available for any fiscal year under
subsection (c) of section 200402 of title 54, United States
Code, or subsection (a) of section 200303 of title 54, United
States Code, other than in amounts and for projects and
activities that are allocated by subsections (a)(1) and
(a)(2) of this section: Provided, That in any fiscal year,
the matter preceding this proviso shall not apply to the
allocation of amounts for continuing administration of
programs allocated funds from the National Parks and Public
Land Legacy Restoration Fund or the Land and Water
Conservation Fund, which may be allocated only in amounts
that are no more than the allocation for such purposes in
subsections (a)(1) and (a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of
Agriculture may reallocate amounts from each agency's
``Contingency Fund'' line in the table titled ``Allocation of
Funds: National Parks and Public Land Legacy Restoration Fund
Fiscal Year 2023'' to any project funded by the National
Parks and Public Land Legacy Restoration Fund within the same
agency, from any fiscal year, that experienced a funding
deficiency due to unforeseen cost overruns, in accordance
with the following requirements:
(1) ``Contingency Fund'' amounts may only be reallocated if
there is a risk to project completion resulting from
unforeseen cost overruns;
(2) ``Contingency Fund'' amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and
Public Land Legacy Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of
Agriculture must provide written notification to the
Committees on Appropriations 30 days before taking any
actions authorized by this subsection if the amount
reallocated from the ``Contingency Fund'' line for a project
is projected to be 10 percent or greater than the following,
as applicable:
(A) The amount allocated to that project in the table
titled ``Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2023'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act); or
(B) The initial estimate in the most recent report
submitted, prior to enactment of this Act, to the Committees
on Appropriations pursuant to section 431(e) of division G of
the Consolidated Appropriations Act, 2022 (Public Law 117-
103).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets for the projects in the
``Submission of Annual List of Projects to Congress''
required by section 200402(h) of title 54, United States
Code: Provided, That the ``Submission of Annual List of
Projects to Congress'' must include a ``Contingency Fund''
line for each agency within the allocations defined in
subsection (e) of section 200402 of title 54, United States
Code: Provided further, That in the event amounts allocated
by this Act or any prior Act for the National Parks and
Public Land Legacy Restoration Fund are no longer needed to
complete a specified project, such amounts may be reallocated
in such submission to that agency's ``Contingency Fund''
line: Provided further, That any proposals to change the
scope of or terminate a previously approved project must be
clearly identified in such submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate a list of supplementary allocations for
Federal land acquisition and Forest Legacy Projects at the
National Park Service, the U.S. Fish and Wildlife Service,
the Bureau of Land Management, and the U.S. Forest Service
that are in addition to the ``Submission of Cost Estimates''
required by section 200303(c)(1) of title 54, United States
Code, that are prioritized and detailed by account, program,
and project, and that total no less than half the full amount
allocated to each account for that land management Agency
under the allocations submitted under section 200303(c)(1) of
title 54, United States Code: Provided, That in the event
amounts allocated by this Act or any prior Act pursuant to
subsection (a) of section 200303 of title 54, United States
Code are no longer needed because a project has been
completed or can no longer be executed, such amounts must be
clearly identified if proposed for reallocation in the annual
budget submission.
(B) The Federal land acquisition and Forest Legacy projects
in the ``Submission of Cost Estimates'' required by section
200303(c)(1) of title 54, United States Code, and on the list
of supplementary allocations required by subparagraph (A)
shall be comprised only of projects for which a willing
seller has been identified and for which an appraisal or
market research has been initiated.
(C) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of the Interior
and the Secretary of Agriculture shall each submit to the
Committees on Appropriations of the House of Representatives
and the Senate project data sheets in the same format and
containing the same level of detailed information that is
found on such sheets in the Budget Justifications annually
submitted by the Department of the Interior with the
President's Budget for the projects in the ``Submission of
Cost Estimates'' required by section 200303(c)(1) of title
54, United States Code, and in the same format and containing
the same level of detailed information that is found on such
sheets submitted to the Committees pursuant to section 427 of
division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) for the list of supplementary
allocations required by subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of
the House of Representatives and Senate quarterly reports on
the status of balances of projects and activities funded by
the National Parks and Public Land Legacy Restoration Fund
for amounts allocated pursuant to subsection (a)(1) of this
section and the status of balances of projects and activities
funded by the Land and Water Conservation Fund for amounts
allocated pursuant to subsection (a)(2) of this section,
including all uncommitted, committed, and unobligated funds,
and, for amounts allocated pursuant to subsection (a)(1) of
this section, National Parks and Public Land Legacy
Restoration Fund amounts reallocated pursuant to subsection
(c) of this section.
policies relating to biomass energy
Sec. 432. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
[[Page H10178]]
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
small remote incinerators
Sec. 433. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on
March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as
``small, remote incinerator'' units in those regulations and,
until a subsequent regulation is issued, the Administrator
shall implement the law and regulations in effect prior to
such date.
timber sale requirements
Sec. 434. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
transfer authority to federal highway administration for the national
parks and public land legacy restoration fund
Sec. 435. Funds made available or allocated in this Act to
the Department of the Interior or the Department of
Agriculture that are subject to the allocations and
limitations in 54 U.S.C. 200402(e) and prohibitions in 54
U.S.C. 200402(f) may be further allocated or reallocated to
the Federal Highway Administration for transportation
projects of the covered agencies defined in 54 U.S.C.
200401(2).
prohibition on use of funds
Sec. 436. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 437. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 438. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
road construction
Sec. 439. Section 8206(a)(4)(B)(i) of the Agricultural Act
of 2014 (16 U.S.C. 2113a(a)(4)(B)(i)) is amended by inserting
``or Bureau of Land Management managed'' after ``National
Forest System''.
firefighter pay cap
Sec. 440. Section 1701 of division B of the Extending
Government Funding and Delivering Emergency Assistance Act (5
U.S.C. 5547 note), as amended by Public Law 117-103, is
further amended--
(1) in subsection (a)(1), by striking the last sentence and
inserting ``Any Services during a given calendar year that
generate payments payable in the subsequent calendar year
shall be disregarded in applying this subsection''; and
(2) in subsections (a), (b), and (c) by inserting ``or
2023'' after ``or 2022'' each place it appears.
forest service interest bearing account
Sec. 441. (a) Investment Authority.--Any monies covered
into the Treasury under section 7 of the Act of June 20, 1958
(Public Law 85-464; 16 U.S.C. 579c), including all monies
that were previously collected by the United States in a
forfeiture, judgment, compromise, or settlement, shall be
invested by the Secretary of the Treasury in interest bearing
obligations of the United States to the extent the amounts
are not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals.
(b) Availability of Funds.--Any interest earned under
subsection (a) shall be available in the same manner as the
monies covered into the Treasury under section 7 of the Act
of June 20, 1958 (Public Law 85-464; 16 U.S.C. 579c) to cover
the costs to the United States specified in section 7 of that
Act.
(c) Use of Funds.--Any portion of the monies received or
earned under subsection (a) in excess of the amount expended
in performing the work necessitated by the action which led
to their receipt may be used to cover the other work
specified in section 7 of the Act of June 20, 1958 (Public
Law 85-464; 16 U.S.C. 579c).
(d) Effective Date.--This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.
technical correction
Sec. 442. In the table entitled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' in the explanatory
statement described in section 4 in the matter preceding
division A of Public Law 117-103 and in the table under the
heading ``Disclosure of Earmarks and Congressionally Directed
Spending Items'' in such explanatory statement, the project
relating to ``City of Metlakatla for Solid Waste Multi Use
Portable Shredder'' is deemed to be amended by striking
``City of Metlakatla for Solid Waste Multi Use Portable
Shredder'' and inserting ``Metlakatla Indian Community for
Solid Waste Multi Use Portable Shredder''.
hazardous substance superfund
Sec. 443. (a) Section 613 of title VI of division J of
Public Law 117-58 is repealed.
(b) For this fiscal year and each fiscal year thereafter,
such sums as are available in the Hazardous Substance
Superfund established under section 9507 of the Internal
Revenue Code of 1986 at the end of the preceding fiscal year
from taxes received in the Treasury under subsection (b)(1)
of such section shall be available, without further
appropriation, to remain available until expended, to be used
to carry out the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.): Provided, That the amount provided by this subsection
is designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022.
(c) Expenditures made pursuant to section 613 of title VI
of division J of Public Law 117-58 shall be charged to the
appropriation in subsection (b).
golden gate national recreation area
Sec. 444. Section 3 of Public Law 92-592 (16 U.S.C. 460cc-
2) is amended by adding at the end the following:
``(j) Authority to Grant Easements and Rights-of-Way
Permit.--
``(1) In general.--The Secretary of the Interior may grant,
to any State or local government, an easement or right-of-way
permit over Federal lands within Golden Gate National
Recreation Area for operation and maintenance of projects for
control and prevention of flooding and shoreline erosion and
associated structures for continued public access.
``(2) Charges and reimbursements of costs.--The Secretary
may grant such an easement or right-of-way permit without
charge for the value of the use so conveyed, except for
reimbursement of costs incurred by the United States for
processing the application therefore and managing such use.
Amounts received as such reimbursement shall be credited to
the relevant appropriation account.''.
alaska native regional health entities authorization extension
Sec. 445. Section 424(a) of title IV of division G of the
Consolidated Appropriations Act, 2014 (Public Law 113-76)
shall be applied by substituting ``October 1, 2023'' for
``December 24, 2022''.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2023''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $4,140,911,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,929,332,000 as
follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available for the
period July 1, 2023 through June 30, 2024, and of which
$712,000,000 shall be available for the period October 1,
2023 through June 30, 2024;
(B) $948,130,000 for youth activities, which shall be
available for the period April 1, 2023 through June 30, 2024;
and
(C) $1,095,553,000 for dislocated worker employment and
training activities, of which $235,553,000 shall be available
for the period July 1, 2023 through June 30, 2024, and of
which $860,000,000 shall be available for the period October
1, 2023 through June 30, 2024:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall
not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act: Provided further, That
notwithstanding the requirements of WIOA, outlying areas may
submit a single application for a consolidated grant that
awards funds that would otherwise be available to such areas
to carry out the activities described in subtitle B of title
I of the WIOA: Provided further, That such application shall
be submitted to the Secretary of Labor (referred to in this
title as ``Secretary''), at such time, in such manner, and
containing such information as the Secretary may require:
Provided further, That outlying areas awarded a consolidated
grant described in the preceding provisos may use the funds
for any of the programs and activities authorized under such
subtitle B of title I of the WIOA subject to approval of the
application and such reporting requirements issued by the
Secretary; and
(2) for national programs, $1,211,579,000 as follows:
(A) $325,859,000 for the dislocated workers assistance
national reserve, of which $125,859,000 shall be available
for the period July 1, 2023 through September 30, 2024, and
of which
[[Page H10179]]
$200,000,000 shall be available for the period October 1,
2023 through September 30, 2024: Provided, That funds
provided to carry out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for statewide or local
use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
sections 168(b) and 169(c) of the WIOA may be used for
technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary may reserve
not more than 10 percent of such funds to provide technical
assistance and carry out additional activities related to the
transition to the WIOA: Provided further, That of the funds
provided under this subparagraph, $115,000,000 shall be for
training and employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $50,000,000 shall be for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1), workers in the
Lower Mississippi, as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C.
2009aa(2)), and workers in the region served by the Northern
Border Regional Commission, as defined by 40 U.S.C. 15733;
and
(ii) $65,000,000 shall be for the purpose of developing,
offering, or improving educational or career training
programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act of
1965, eligible to participate through consortia, with
community colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the program in
House Report 116-62: Provided further, That any grant funds
used for apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA;
(B) $60,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2023 through June 30, 2024;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $90,134,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,591,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $671,000 for
other discretionary purposes, which shall be available for
the period April 1, 2023 through June 30, 2024: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services: Provided further, That
notwithstanding the definition of ``eligible seasonal
farmworker'' in section 167(i)(3)(A) of the WIOA relating to
an individual being ``low-income'', an individual is eligible
for migrant and seasonal farmworker programs under section
167 of the WIOA under that definition if, in addition to
meeting the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family with a
total family income equal to or less than 150 percent of the
poverty line;
(D) $105,000,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2023 through June 30, 2024;
(E) $115,000,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be
available for the period April 1, 2023 through June 30, 2024:
Provided, That of this amount, $30,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare for employment young adults with
criminal legal histories, young adults who have been justice
system-involved, or young adults who have dropped out of
school or other educational programs, with a priority for
projects serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2023 through June 30,
2024;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA, to be available to the Secretary to carry out
activities through grants, cooperative agreements, contracts
and other arrangements, with States and other appropriate
entities, including equity intermediaries and business and
labor industry partner intermediaries, which shall be
available for the period July 1, 2023 through June 30, 2024;
and
(H) $217,324,000 for carrying out Demonstration and Pilot
projects under section 169(c) of the WIOA, which shall be
available for the period April 1, 2023 through June 30, 2024,
in addition to funds available for such activities under
subparagraph (A) for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided, That such funds may be used for projects that
are related to the employment and training needs of
dislocated workers, other adults, or youth: Provided further,
That the 10 percent funding limitation under such section of
the WIOA shall not apply to such funds: Provided further,
That section 169(b)(6)(C) of the WIOA shall not apply to such
funds: Provided further, That sections 102 and 107 of this
Act shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,760,155,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2023 through June 30, 2024;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2023 through June 30, 2026, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may transfer
up to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant to the
preceding proviso shall not be available for obligation after
June 30, 2023: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2022 through September 30, 2023:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $405,000,000, which
shall be available for the period April 1, 2023 through June
30, 2024, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2023 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011, sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, and section 285(a) of the Trade Act of
1974, as amended, $494,400,000 together with such amounts as
may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2023: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000,
together with not to exceed $3,925,084,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which--
(1) $3,134,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $375,000,000 to carry out
reemployment services and eligibility assessments under
section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That of
such amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided to
meet the terms of a concurrent resolution on the budget in
the Senate and section 1(j)(2) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022, and $258,000,000 is additional new budget
authority specified for purposes of a concurrent resolution
on the budget in the Senate and section 1(j) of such House
resolution; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal
employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011, sections 405(a)
and 406 of the Trade Preferences Extension Act of 2015, and
section 285(a) of the Trade Act of 1974, as amended, and
shall be available for obligation by the States through
December 31, 2023, except that funds used for automation
shall be available for Federal obligation through December
31, 2023, and for State obligation through September 30,
2025, or, if the automation is being carried out through
consortia of States, for State obligation through
[[Page H10180]]
September 30, 2029, and for expenditure through September 30,
2030, and funds for competitive grants awarded to States for
improved operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper
payment reviews and provide reemployment services and
referrals to training, as appropriate, shall be available for
Federal obligation through December 31, 2023 (except that
funds for outcome payments pursuant to section 306(f)(2) of
the Social Security Act shall be available for Federal
obligation through March 31, 2024), and for obligation by the
States through September 30, 2025, and funds for the
Unemployment Insurance Integrity Center of Excellence shall
be available for obligation by the State through September
30, 2024, and funds used for unemployment insurance workloads
experienced through September 30, 2023 shall be available for
Federal obligation through December 31, 2023;
(2) $23,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $658,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2023 through June 30, 2024;
(4) $25,000,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986 (including
assisting States in adopting or modernizing information
technology for use in the processing of certification
requests), and the provision of technical assistance and
staff training under the Wagner-Peyser Act;
(5) $83,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $60,528,000 shall be available for the
Federal administration of such activities, and $23,282,000
shall be available for grants to States for the
administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2023
through June 30, 2024, of which up to $9,800,000 may be used
to carry out research and demonstration projects related to
testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available for research
and demonstration projects under this paragraph to the
``Office of Disability Employment Policy'' account for such
purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2023 is projected by
the Department of Labor to exceed 1,778,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop
career center system, or which are used to support the
national activities of the Federal-State unemployment
insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States
and non-State entities: Provided further, That States awarded
competitive grants for improved operations under title III of
the Social Security Act, or awarded grants to support the
national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and
non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit
the administration of the unemployment compensation law of
the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2024, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2024.
program administration
For expenses of administering employment and training
programs, $118,900,000, together with not to exceed
$54,015,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall
be made available through September 30, 2024, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2023, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2023 shall be available for
obligations for administrative expenses in excess of
$493,314,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2023, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2027, for obligations for
administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations
in excess of the amounts provided for administrative expenses
in this paragraph may be incurred and shall be available
through September 30, 2027 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That an
additional amount shall be available for obligation through
September 30, 2027 to the extent the Corporation's costs
exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $120,500,000, together with $2,205,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized)
accruing during the current or any prior fiscal year
authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in
the Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50
[[Page H10181]]
percent of the additional compensation and benefits required
by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $250,000,000, together with such amounts as
may be necessary to be charged to the subsequent year
appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the
current year, for deposit into and to assume the attributes
of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be
used under 5 U.S.C. 8104 by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2022, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2023: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $81,752,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,727,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,125,000;
(3) For periodic roll disability management and medical
review, $26,126,000;
(4) For program integrity, $1,744,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$36,031,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2024, $10,250,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $64,564,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2023 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $42,194,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $38,407,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $353,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $632,309,000, including not to exceed
$120,000,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2023, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which
does not maintain a temporary labor camp and employs 10 or
fewer employees: Provided further, That $12,787,000 shall be
available for Susan Harwood training grants, of which not
more than $6,500,000 is for Susan Harwood Training Capacity
Building Developmental grants, for program activities
starting not later than September 30, 2023 and lasting for a
period of 12 months: Provided further, That not less than
$3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not to
exceed $750,000 may be collected by the National Mine Health
and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$629,952,000, together with not to exceed $68,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $43,000,000, of which not less than
$9,000,000 shall be for research and demonstration projects
related to testing effective ways to
[[Page H10182]]
promote greater labor force participation of people with
disabilities: Provided, That the Secretary may transfer
amounts made available under this heading for research and
demonstration projects to the ``State Unemployment Insurance
and Employment Service Operations'' account for such
purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$391,889,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$81,725,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2023:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than
$30,175,000 shall be for programs to combat exploitative
child labor internationally and not less than $30,175,000
shall be used to implement model programs that address worker
rights issues through technical assistance in countries with
which the United States has free trade agreements or trade
preference programs: Provided further, That $8,281,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2024: Provided further, That
funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall
be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be
transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's
Bureau, not less than $5,000,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional
Occupations Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which--
(1) $185,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2025, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to
$500,000 may be used to carry out the Hire VETS Act (division
O of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$65,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2023, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless
veterans described in section 2002(a)(1), services to
veterans who were homeless at some point within the 60 days
prior to program entry or veterans who are at risk of
homelessness within the next 60 days, and that services
provided under section 2023 may include, in addition to
services to the individuals described in subsection (e) of
such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided
further, That notwithstanding paragraph (3) under this
heading, funds appropriated in this paragraph may be used for
data systems and contract support to allow for the tracking
of participant and performance information: Provided further,
That notwithstanding sections 2021(e)(2) and 2021A(f)(2) of
title 38, United States Code, such funds shall be available
for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the
HIRE Vets Act, and such amounts shall be available to the
Secretary to carry out the HIRE Vets Medallion Award Program,
as authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to
any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $34,269,000, which shall
be available through September 30, 2024.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $91,187,000, together with not to exceed
$5,841,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund:
Provided, That not more than $2,000,000 of the amount
provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may
transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account
to paragraph (3) of such account to carry out program
integrity activities related to the Job Corps program:
Provided further, That funds transferred under this
subsection shall be available to the Secretary to carry out
program integrity activities directly or through grants,
cooperative
[[Page H10183]]
agreements, contracts and other arrangements with States and
other appropriate entities: Provided further, That funds
transferred under the authority provided by this subsection
shall be available for obligation through September 30, 2024.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2024: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans'
Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section 655.20(d) of title 20, Code of Federal
Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is
part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition, to include any associated construction
project, will not be subject to any requirement of any
Federal law or regulation relating to the disposition of
Federal real property or relating to Federal
[[Page H10184]]
procurement, including but not limited to subchapter III of
chapter 5 of title 40 of the United States Code, subchapter V
of chapter 119 of title 42 of the United States Code, and
chapter 33 of division C of subtitle I of title 41 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until
expended to carry out the Job Corps Program on Treasure
Island.
Sec. 115. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the WIOA are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $142,000,000 are hereby permanently rescinded
not later than September 30, 2023.
This title may be cited as the ``Department of Labor
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,858,772,000: Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n)
and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,390,376,000: Provided, That
section 751(j)(2) of the PHS Act and the proportional funding
amounts in paragraphs (1) through (4) of section 756(f) of
the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That section 756(c) of the PHS Act shall apply to
paragraphs (1) through (4) of section 756(a) of such Act:
Provided further, That no funds shall be available for
section 340G-1 of the PHS Act: Provided further, That fees
collected for the disclosure of information under section
427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act
shall be sufficient to recover the full costs of operating
the programs authorized by such sections and shall remain
available until expended for the National Practitioner Data
Bank: Provided further, That funds transferred to this
account to carry out section 846 and subpart 3 of part D of
title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart:
Provided further, That $125,600,000 shall remain available
until expended for the purposes of providing primary health
services, assigning National Health Service Corps (``NHSC'')
participants to expand the delivery of substance use disorder
treatment services, notwithstanding the assignment priorities
and limitations under sections 333(a)(1)(D), 333(b), and
333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such
Act: Provided further, That, within the amount made available
in the previous proviso, $15,600,000 shall remain available
until expended for the purposes of making payments under the
NHSC Loan Repayment Program under section 338B of the PHS Act
to individuals participating in such program who provide
primary health services in Indian Health Service facilities,
Tribally-Operated 638 Health Programs, and Urban Indian
Health Programs (as those terms are defined by the
Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided
further, That for purposes of the previous two provisos,
section 331(a)(3)(D) of the PHS Act shall be applied as if
the term ``primary health services'' includes clinical
substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder
treatment counselors: Provided further, That of the funds
made available under this heading, $6,000,000 shall be
available to make grants to establish, expand, or maintain
optional community-based nurse practitioner fellowship
programs that are accredited or in the accreditation process,
with a preference for those in Federally Qualified Health
Centers, for practicing postgraduate nurse practitioners in
primary care or behavioral health: Provided further, That of
the funds made available under this heading, $10,000,000
shall remain available until expended for activities under
section 775 of the PHS Act: Provided further, That the United
States may recover liquidated damages in an amount determined
by the formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service
obligated by a contract under section 775(b) of the PHS Act:
Provided further, That for purposes of section 775(c)(1) of
the PHS Act, the Secretary may include other mental and
behavioral health disciplines as the Secretary deems
appropriate: Provided further, That the Secretary may
terminate a contract entered into under section 775 of the
PHS Act in the same manner articulated in section 206 of this
title for fiscal year 2023 contracts entered into under
section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support
graduate education for physicians provided by such
institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the
Secretary shall give priority to public institutions of
higher education located in States with a projected primary
care provider shortage in 2025, as determined by the
Secretary: Provided further, That grants so awarded are
limited to such public institutions of higher education in
States in the top quintile of States with a projected primary
care provider shortage in 2025, as determined by the
Secretary: Provided further, That the minimum amount of a
grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided
further, That such a grant awarded with respect to a year to
such an institution shall be subject to a matching
requirement of non-Federal funds in an amount that is not
less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to
such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health and title V of
the Social Security Act, $1,171,430,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $219,116,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,571,041,000, of which
$2,045,630,000 shall remain available to the Secretary
through September 30, 2025, for parts A and B of title XXVI
of the PHS Act, and of which not less than $900,313,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$165,000,000, to remain available until expended, shall be
available to the Secretary for carrying out a program of
grants and contracts under title XXVI or section 311(c) of
such Act focused on ending the nationwide HIV/AIDS epidemic,
with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the
limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $99,009,000, of which $122,000
shall be available until expended for facilities-related
expenses of the National Hansen's Disease Program.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $352,407,000, of which
$64,277,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program: Provided, That of the funds made available under
this heading for Medicare rural hospital flexibility grants,
$20,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and
adoption of health information technology, no less than
$5,000,000 shall be available to award grants to public or
non-profit private entities for the Rural Emergency Hospital
Technical Assistance Program, and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act,
with funds provided for grants under section 1820(g)(6)
available for the purchase and implementation of telehealth
services and other efforts to improve health care
coordination for rural veterans between rural providers and
the Department of Veterans Affairs: Provided further, That
notwithstanding section 338J(k) of the PHS Act, $12,500,000
shall be available for State Offices of Rural Health:
Provided further, That $12,500,000 shall remain available
through September 30, 2025, to support the Rural Residency
Development Program: Provided further, That $145,000,000
shall be for the Rural Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
[[Page H10185]]
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act
and for cross-cutting activities and program support for
activities funded in other appropriations included in this
Act for the Health Resources and Services Administration,
$1,735,769,000, of which $38,050,000 shall be for expenses
necessary for the Office for the Advancement of Telehealth,
including grants, contracts, and cooperative agreements for
the advancement of telehealth activities: Provided, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'': Provided
further, That of the amount made available under this
heading, $1,521,681,000 shall be used for the projects
financing the construction and renovation (including
equipment) of health care and other facilities, and for the
projects financing one-time grants that support health-
related activities, including training and information
technology, and in the amounts specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the
PHS Act or section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$15,200,000 shall be available from the Trust Fund to the
Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000,
to remain available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $499,941,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $698,772,000: Provided, That of the
amounts made available under this heading, up to $1,000,000
shall remain available until expended to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or
State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $1,175,464,000: Provided, That funds made
available under this heading may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds made available under this heading,
$16,500,000 shall be available to continue and expand
community specific extension and outreach programs to combat
obesity in counties with the highest levels of obesity:
Provided further, That the proportional funding requirements
under section 1503(a) of the PHS Act shall not apply to funds
made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $205,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $754,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $229,850,000: Provided,
That of the amounts appropriated under this heading up to
$4,000,000 may remain available until expended for carrying
out the Vessel Sanitation Program, in addition to user fee
collections available for such purpose: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any use of funds pursuant to the preceding
proviso.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $692,843,000, of which: (1)
$128,921,000 shall remain available through September 30,
2024 for international HIV/AIDS; and (2) $293,200,000 shall
remain available through September 30, 2025 for global public
health protection: Provided, That funds may be used for
purchase and insurance of official motor vehicles in foreign
countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $883,200,000:
Provided, That the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'')
or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to
support an activation of the CDC Emergency Operations Center,
so long as the Director or Administrator, as applicable,
provides a notice to the Committees on Appropriations of the
House of Representatives and the Senate within 15 days of the
use of this authority, a full report within 30 days after use
of this authority which includes the number of staff and
funding level broken down by the originating center and
number of days detailed, and an update of such report every
180 days until staff are no longer on detail without
reimbursement to the CDC Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$40,000,000, which shall remain available until September 30,
2027: Provided, That funds made available to this account in
this or any prior Act that are available for the acquisition
of real property or for construction or improvement of
facilities shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$2,500,000, and that the primary benefit of such improvements
accrues to CDC: Provided further, That funds previously set-
aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further,
That funds made available to this account in this or any
prior Act that are available for the acquisition of real
property or for construction or improvement of facilities in
conjunction with the new replacement mine safety research
facility shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$5,000,000: Provided further, That in addition, the prior
year unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the
replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $563,570,000, of which: (1) $350,000,000 shall
remain available through September 30, 2024, for public
health infrastructure and capacity; and (2) $50,000,000 shall
remain available through September 30, 2024 for forecasting
epidemics and outbreak analytics: Provided, That paragraphs
(1) through (3) of subsection (b) of section 2821 of the PHS
Act shall not apply to funds appropriated under this heading
and in all other accounts of the CDC: Provided further, That
of the amounts made available under this heading,
$35,000,000, to remain available until expended, shall be
available to the Director of the CDC for deposit in the
Infectious Diseases Rapid Response Reserve Fund established
by section 231 of division B of Public Law 115-245: Provided
further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance
of an aircraft in direct support of activities throughout CDC
to ensure the agency is prepared to address public health
preparedness emergencies: Provided further, That employees of
CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or
other organizations under authority of section 214 of the PHS
Act,
[[Page H10186]]
or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the
Agency, Service, or HHS during the period of detail or
assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in
addition, such sums as may be derived from authorized user
fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel
Sanitation Program and the Respirator Certification Program
shall be available through September 30, 2024.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $7,104,159,000, of which up to
$30,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,300,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$2,588,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $3,239,679,000, of
which $1,412,482,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$425,956,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,749,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $4,407,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,112,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $524,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$497,548,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2024: Provided further, That in
fiscal year 2023, the National Library of Medicine may enter
into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $923,323,000:
Provided, That up to $70,000,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,642,914,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $722,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of
the PHS Act: Provided further, That of the funds provided,
$10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the
NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the
PHS Act: Provided further, That $80,000,000 shall be used to
carry out section 404I of the PHS Act (42 U.S.C. 283K),
relating to biomedical and behavioral research facilities:
Provided further, That $5,000,000 shall be transferred to and
merged with the appropriation for the ``Office of Inspector
General'' for oversight of grant programs and operations of
the NIH, including agency efforts to ensure the integrity of
its grant application evaluation and selection processes, and
shall be in addition to funds otherwise made available for
oversight of the NIH: Provided further, That the funds
provided in the previous proviso may be transferred from one
specified activity to another with 15 days prior approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
Inspector General shall consult with the Committees on
Appropriations of the House of Representatives and the Senate
before submitting to the Committees an audit plan for fiscal
years 2023 and 2024 no later than 30 days after the date of
enactment of this Act: Provided further, That amounts made
available under this heading are also available to establish,
operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act: Provided
further, That the funds made available under this heading for
the Office of Research on Women's Health shall also be
available for making grants to serve and promote the
interests of women in research, and the Director of such
Office may, in making such grants, use the authorities
available to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of the
Internal Revenue Code of 1986 (26 U.S.C. 9008), for the
purpose of carrying out section 402(b)(7)(B)(ii) of the PHS
Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, facilities
of or used by NIH, including the acquisition of real
property, $350,000,000, to remain available through September
30, 2027.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act,
$1,085,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts
transferred under section 1001(b)(2)(A) of such Act, and may
be transferred by the Director of the National Institutes of
Health to other accounts of the National Institutes of Health
solely for the purposes provided in such Act: Provided
further, That upon a determination by the Director that funds
transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the Account: Provided further, That the
transfer authority provided under this heading is in
[[Page H10187]]
addition to any other transfer authority provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for
Individuals with Mental Illness Act, and the SUPPORT for
Patients and Communities Act, $2,693,507,000: Provided, That
of the funds made available under this heading, $93,887,000
shall be for the National Child Traumatic Stress Initiative:
Provided further, That notwithstanding section 520A(f)(2) of
the PHS Act, no funds appropriated for carrying out section
520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts
provided herein, $21,039,000 shall be available under section
241 of the PHS Act to carry out subpart I of part B of title
XIX of the PHS Act to fund section 1920(b) technical
assistance, national data, data collection and evaluation
activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent
of the amounts appropriated for subpart I of part B of title
XIX: Provided further, That of the funds made available under
this heading for subpart I of part B of title XIX of the PHS
Act, at least 5 percent shall be available to support
evidence-based crisis systems: Provided further, That up to
10 percent of the amounts made available to carry out the
Children's Mental Health Services program may be used to
carry out demonstration grants or contracts for early
interventions with persons not more than 25 years of age at
clinical high risk of developing a first episode of
psychosis: Provided further, That section 520E(b)(2) of the
PHS Act shall not apply to funds appropriated in this Act for
fiscal year 2023: Provided further, That $385,000,000 shall
be available until September 30, 2025 for grants to
communities and community organizations who meet criteria for
Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113-93: Provided further, That
none of the funds provided for section 1911 of the PHS Act
shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$21,420,000 shall be to carry out section 224 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-93;
42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment and title XIX of such
Act with respect to substance abuse treatment and prevention,
and the SUPPORT for Patients and Communities Act,
$4,076,098,000: Provided, That $1,575,000,000 shall be for
State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State
agency responsible for administering the substance abuse
prevention and treatment block grant under subpart II of part
B of title XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):
Provided further, That of such amount $55,000,000 shall be
made available to Indian Tribes or tribal organizations:
Provided further, That 15 percent of the remaining amount
shall be for the States with the highest mortality rate
related to opioid use disorders: Provided further, That in
allocating the amount made available in the preceding
proviso, the Secretary shall ensure that the formula avoids a
significant cliff between States with similar overdose
mortality rates to prevent unusually large funding changes in
States when compared to prior year allocations: Provided
further, That of the amounts provided for State Opioid
Response Grants not more than 2 percent shall be available
for Federal administrative expenses, training, technical
assistance, and evaluation: Provided further, That of the
amount not reserved by the previous four provisos, the
Secretary shall make allocations to States, territories, and
the District of Columbia according to a formula using
national survey results that the Secretary determines are the
most objective and reliable measure of drug use and drug-
related deaths: Provided further, That the Secretary shall
submit the formula methodology to the Committees on
Appropriations of the House of Representatives and the Senate
not less than 21 days prior to publishing a Funding
Opportunity Announcement: Provided further, That prevention
and treatment activities funded through such grants may
include education, treatment (including the provision of
medication), behavioral health services for individuals in
treatment programs, referral to treatment services, recovery
support, and medical screening associated with such
treatment: Provided further, That each State, as well as the
District of Columbia, shall receive not less than $4,000,000:
Provided further, That in addition to amounts provided
herein, the following amounts shall be available under
section 241 of the PHS Act: (1) $79,200,000 to carry out
subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of
the PHS Act or State Opioid Response Grants shall be subject
to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $301,932,000: Provided, That
of the amount made available under this heading, $160,777,000
shall be used for the projects, and in the amounts, specified
in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available
for projects described in the preceding proviso shall be
subject to section 241 of the PHS Act or section 205 of this
Act: Provided further, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of
the PHS Act to supplement funds available to carry out
national surveys on drug abuse and mental health, to collect
and analyze program data, and to conduct public awareness and
technical assistance activities: Provided further, That, in
addition, fees may be collected for the costs of
publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be
credited to this appropriation and shall remain available
until expended for such purposes: Provided further, That
amounts made available in this Act for carrying out section
501(o) of the PHS Act shall remain available through
September 30, 2024: Provided further, That funds made
available under this heading (other than amounts specified in
the first proviso under this heading) may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $373,500,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2023: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2024.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $367,357,090,000, to
remain available until expended.
In addition, for carrying out such titles after May 31,
2023, for the last quarter of fiscal year 2023 for
unanticipated costs incurred for the current fiscal year,
such sums as may be necessary, to remain available until
expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2024, $197,580,474,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $548,130,000,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed
$3,669,744,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this
account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2023
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That of the amount made available under
this heading, $397,334,000 shall remain available until
[[Page H10188]]
September 30, 2024, and shall be available for the Survey and
Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social
Security Act) shall not exceed the amount specifically
provided for such purpose under this heading in division H of
the Consolidated Appropriations Act, 2018 (Public Law 115-
141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $893,000,000, to remain
available through September 30, 2024, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$665,648,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $105,145,000
shall be for the Department of Health and Human Services
Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, and
of which $122,207,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by
section 1817(k)(5) of the Social Security Act for fiscal year
2023 shall include measures of the operational efficiency and
impact on fraud, waste, and abuse in the Medicare, Medicaid,
and CHIP programs for the funds provided by this
appropriation: Provided further, That of the amount provided
under this heading, $317,000,000 is provided to meet the
terms of a concurrent resolution on the budget in the Senate,
and $576,000,000 is additional new budget authority specified
for purposes of a concurrent resolution on the budget in the
Senate and section 1(h) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022 for
additional health care fraud and abuse control activities:
Provided further, That the Secretary shall provide not less
than $35,000,000 from amounts made available under this
heading and amounts made available for fiscal year 2023 under
section 1817(k)(3)(A) of the Social Security Act for the
Senior Medicare Patrol program to combat health care fraud
and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,883,000,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2024, $1,300,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.), $1,500,000,000: Provided, That
notwithstanding section 2609A(a) of such Act, not more than
$9,600,000 may be reserved by the Secretary for technical
assistance, training, and monitoring of program activities
for compliance with internal controls, policies and
procedures, and to supplement funding otherwise available for
necessary administrative expenses to carry out such Act, and
the Secretary may, in addition to the authorities provided in
section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit
organizations: Provided further, That all but $884,848,000 of
the amount appropriated under this heading in this Act and in
the second paragraph under this heading in the Disaster
Relief Supplemental Appropriations Act, 2023 shall be
allocated as though the total appropriation for such payments
for fiscal year 2023 was less than $1,975,000,000: Provided
further, That, after applying all applicable provisions of
section 2604 of such Act and the previous proviso, each State
or territory that would otherwise receive an allocation, from
the amount appropriated under this heading in this Act
together with the amount appropriated in the second paragraph
under this heading in the Disaster Relief Supplemental
Appropriations Act, 2023, that is less than 97 percent of the
amount that it received under this heading for fiscal year
2022 from amounts appropriated in Public Law 117-103 shall
have its allocation increased to that 97 percent level, with
the portions of other States' and territories' allocations
that would exceed 100 percent of the amounts they
respectively received in such fashion for fiscal year 2022
being ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$6,427,214,000, of which $6,377,459,000 shall remain
available through September 30, 2025 for carrying out such
sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to
activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers
increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``15
percent'' for ``3 percent'': Provided further, That the
contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 shall not
apply to funds made available under this heading: Provided
further, That for any month in fiscal year 2023 that the
number of unaccompanied children referred to the Department
of Health and Human Services pursuant to section 462 of the
Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 exceeds 13,000, as determined by the Secretary of
Health and Human Services, an additional $27,000,000, to
remain available until September 30, 2024, shall be made
available for obligation for every 500 unaccompanied children
above that level (including a pro rata amount for any
increment less than 500), for carrying out such sections 462
and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $8,021,387,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts,
grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out
section 418 of the Social Security Act (42 U.S.C. 618),
including funds appropriated for that purpose in such section
418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of
section 658O(a) of the CCDBG Act: Provided further, That in
addition to the amounts required to be reserved by the
Secretary under section 658O(a)(2)(A) of such Act,
$214,960,000 shall be for Indian tribes and tribal
organizations: Provided further, That of the amounts made
available under this heading, the Secretary may reserve up to
0.5 percent for Federal administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI,
XIV, XVI, and XX-A of the Social Security Act, the Act of
July 5, 1960, and the Low-Income Home Energy Assistance Act
of 1981, $14,618,437,000, of which $75,000,000, to remain
available through September 30, 2024, shall be for grants to
States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security
Act and may be made for adoptions and legal guardianships
completed before September 30, 2023: Provided, That
$11,996,820,000 shall be for making payments under the Head
Start Act, including for Early Head Start-Child Care
Partnerships, and, of which, notwithstanding section 640 of
such Act:
(1) $596,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of
such Act, and such funds shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act;
(3) $262,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in
such section, of which not less than $13,000,000 shall be
available to migrant and seasonal Head Start programs for
such activities, in addition to funds made available for
migrant and seasonal Head Start programs under any other
provision of section 640(a) of such Act;
(4) $100,000,000, in addition to funds otherwise available
for such purposes under section 640 of the Head Start Act,
shall be available through September 30, 2024, for awards to
eligible entities for Head Start and Early Head Start
programs and to entities defined as eligible under section
645A(d) of such Act for high quality infant and toddler care
through Early Head Start-Child Care Partnerships, and for
training and technical assistance for such activities:
Provided, That of the funds made available in this paragraph,
up to $21,000,000 shall be available to the Secretary for the
administrative costs of carrying out this paragraph;
[[Page H10189]]
(5) $8,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent
with section 648(g) of such Act; and
(6) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act
in lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $315,000,000 shall be available until
December 31, 2023 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to
3 percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further,
That $804,383,000 shall be for making payments under the CSBG
Act: Provided further, That for services furnished under the
CSBG Act with funds made available for such purpose in this
fiscal year and in fiscal year 2022, States may apply the
last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided
further, That $34,383,000 shall be for section 680 of the
CSBG Act, of which not less than $22,383,000 shall be for
section 680(a)(2) and not less than $12,000,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the
extent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets
acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the
sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any
activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such
grant funds made available after November 29, 1999: Provided
further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $240,000,000 shall be for carrying out
section 303(a) of the Family Violence Prevention and Services
Act, of which $7,000,000 shall be allocated notwithstanding
section 303(a)(2) of such Act for carrying out section 309 of
such Act: Provided further, That the percentages specified in
section 112(a)(2) of the Child Abuse Prevention and Treatment
Act shall not apply to funds appropriated under this heading:
Provided further, That $1,864,000 shall be for a human
services case management system for federally declared
disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness: Provided further, That
$107,848,000 shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available
for projects described in the preceding proviso shall be
subject to section 241 of the PHS Act or section 205 of this
Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$86,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent
with subsections (b) through (d) of such section: Provided
further, That of the funds available to carry out section
437, to assist in meeting the requirements described in
section 471(e)(4)(C), $20,000,000 shall be for grants to each
State, territory, and Indian tribe operating title IV-E plans
for developing, enhancing, or evaluating kinship navigator
programs, as described in section 427(a)(1) of such Act and
$6,750,000, in addition to funds otherwise appropriated in
section 476 for such purposes, shall be for the Family First
Clearinghouse and to support evaluation and technical
assistance relating to the evaluation of child and family
services: Provided further, That section 437(b)(1) shall be
applied to amounts in the previous proviso by substituting
``5 percent'' for ``3.3 percent'', and notwithstanding
section 436(b)(1), such reserved amounts may be used for
identifying, establishing, and disseminating practices to
meet the criteria specified in section 471(e)(4)(C): Provided
further, That the reservation in section 437(b)(2) and the
limitations in section 437(d) shall not apply to funds
specified in the second proviso: Provided further, That the
minimum grant award for kinship navigator programs in the
case of States and territories shall be $200,000, and, in the
case of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $7,606,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2024, $3,200,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the
Medicare Improvements for Patients and Providers Act of 2008,
title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act of 2000, parts
2 and 5 of subtitle D of title II of the Help America Vote
Act of 2002, the Assistive Technology Act of 1998, titles II
and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide
coordination of policy and program activities that assist
individuals with disabilities, $2,482,545,000, together with
$55,242,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That of amounts
made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section: Provided further, That up to 5
percent of the funds provided for adult protective services
grants under section 2042 of title XX of the Social Security
Act may be used to make grants to Tribes and tribal
organizations: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs
that provide for the purchase of assistive technology
devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an
insurance program: Provided further, That applicants shall
provide an assurance that, and information describing the
manner in which, the alternative financing program will
expand and emphasize consumer choice and control: Provided
further, That State agencies and community-based disability
organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete:
Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in
section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to
pursue any legal action in a Federal or State court on behalf
of an individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority
by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which
informs such individuals (or such legal guardians) of their
legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further,
That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the
proviso apply in the case of individuals who are a ward of
the State or subject to public guardianship: Provided
further, That of the amount made available under this
heading, $41,644,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Community
Project Funding/Congressionally Directed Spending'' included
for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That none of the funds
made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, and research studies under
section 1110 of the Social Security Act, $537,144,000,
together with $64,828,000 from the amounts available under
section 241 of the PHS Act to carry out national health or
human services research and evaluation activities: Provided,
That of this amount, $60,000,000 shall be for minority AIDS
prevention and treatment activities: Provided further,
[[Page H10190]]
That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and
grants to public and private entities to fund medically
accurate and age appropriate programs that reduce teen
pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not more than 10 percent of the available funds shall
be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating
programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk
factors underlying teenage pregnancy, or other associated
risk factors, and 25 percent shall be available for research
and demonstration grants to develop, replicate, refine, and
test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the
amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be
available to carry out evaluations (including longitudinal
evaluations) of teenage pregnancy prevention approaches:
Provided further, That of the funds made available under this
heading, $35,000,000 shall be for making competitive grants
which exclusively implement education in sexual risk
avoidance (defined as voluntarily refraining from non-marital
sexual activity): Provided further, That funding for such
competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed
publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with
self-regulation, success sequencing for poverty prevention,
healthy relationships, goal setting, and resisting sexual
coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without
normalizing teen sexual activity: Provided further, That no
more than 10 percent of the funding for such competitive
grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act
for embryo adoption activities may be used to provide to
individuals adopting embryos, through grants and other
mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4):
Provided further, That of the funds made available under this
heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $196,000,000 shall remain
available until September 30, 2024, to be transferred in
appropriate part from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $66,238,000 shall be from amounts
made available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $87,000,000: Provided, That of
such amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228: Provided further, That
of the amount appropriated under this heading, necessary sums
shall be available for carrying out activities authorized
under section 3022 of the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,647,569,000, of
which $950,000,000 shall remain available through September
30, 2024, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain
available through September 30, 2025: Provided further, That
$75,000,000 of the amounts made available to support
coordination of the development, production, and distribution
of vaccines, therapeutics, and other medical countermeasures
shall remain available through September 30, 2024.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $820,000,000, to remain available until expended.
For expenses necessary to carry out section 319F-2(a) of
the PHS Act, $965,000,000, to remain available until
expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $335,000,000; of
which $300,000,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics.
advanced research projects agency for health
(including transfer of funds)
For carrying out section 301 and title IV of the PHS Act
with respect to advanced research projects for health,
$1,500,000,000, to remain available through September 30,
2025: Provided, That the President shall appoint in the
Department of Health and Human Services a director of
advanced research projects for health (Director): Provided
further, That funds may be used to make or rescind
appointments of scientific, medical, and professional
personnel without regard to any provision in title 5
governing appointments under the civil service laws: Provided
further, That funds may be used to fix the compensation of
such personnel at a rate to be determined by the Director, up
to the amount of annual compensation (excluding expenses)
specified in section 102 of title 3, United States Code:
Provided further, That the Director may use funds made
available under this heading to make awards in the form of
grants, contracts, cooperative agreements, and cash prizes,
and enter into other transactions (as defined in section
319L(a)(3) of the PHS Act): Provided further, That activities
supported with funds provided under this heading shall not be
subject to the requirements of sections 406(a)(3)(A)(ii) or
492 of the PHS Act: Provided further, That the Secretary may
transfer the Advanced Research Projects Agency for Health,
including the functions, personnel, missions, activities,
authorities, and funds, within 30 days of enactment of this
Act to any agency or office of the Department of Health and
Human Services, including the National Institutes of Health:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate shall be notified
at least 15 days in advance of any transfer pursuant to the
preceding proviso.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II: Provided, That none of the funds
appropriated in this title shall be used to prevent the NIH
from paying up to 100 percent of the salary of an individual
at this rate.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2023 under section 338B of
such Act, or at any time if the individual who
[[Page H10191]]
has been awarded such contract has not received funds due
under the contract.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2023:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2024 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the
fiscal year 2024 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2024. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare & Medicaid Services--Program
[[Page H10192]]
Management'' account, may be used for payments under section
1342(b)(1) of Public Law 111-148 (relating to risk
corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on
November 1, 2015 and ending January 1, 2025, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same
extent and in the same manner as such provisions were applied
in the third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made
available to the Department of Health and Human Services or
to any department or agency may be used to develop or
implement a modified approach to such provisions, or to
intentionally or substantially expand the fiscal effect of
the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and
addiction, pain management, and addiction treatment to other
Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the
previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 227. In addition to the amounts otherwise available
for ``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $455,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used
to support any provision of Public Law 111-148 or Public Law
111-152 (or any amendment made by either such Public Law) or
to supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House
of Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be
available to pay travel and related expenses of such an
employee or of a member of his or her family, when such
employee is assigned to duty, in the United States or in a
U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such
travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of
Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may
include early childhood developmental screenings, school
supplies, toys, clothing, and any other items intended to
promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1)
if the Secretary certifies and provides a report to Congress
on the contractor's or grantee's good-faith efforts and
progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to
a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed
facilities.
Sec. 232. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis that indicates
that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in
the custody of the Department of Homeland Security for longer
than 72 hours or that unaccompanied alien children will be
otherwise placed in danger. Within 60 days of bringing such a
facility online, and monthly thereafter, the Secretary shall
provide to the Committees on Appropriations of the House of
Representatives and the Senate a report detailing the total
number of children in care at the facility, the average
length of stay and average length of care of children at the
facility, and, for any child that has been at the facility
for more than 60 days, their length of stay and reason for
delay in release.
Sec. 233. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the
operations (including child welfare and child safety
operations) of such facility.
Sec. 234. Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly
available online, a report with respect to children who were
separated from their parents or legal guardians by the
Department of Homeland Security (DHS) (regardless of whether
or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified
as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report
shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported
by sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
[[Page H10193]]
Sec. 235. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Centers for Disease Control and Prevention shall also be
available for the primary and secondary schooling of eligible
dependents of personnel stationed in a U.S. territory as
defined in section 229 of this Act at costs not in excess of
those paid for or reimbursed by the Department of Defense.
(rescission)
Sec. 236. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $650,000,000 are hereby
rescinded not later than September 30, 2023.
Sec. 237. The Secretary of Health and Human Services may
waive penalties and administrative requirements in title XXVI
of the Public Health Service Act for awards under such title
from amounts provided under the heading ``Department of
Health and Human Services--Health Resources and Services
Administration'' in this or any other appropriations Act for
this fiscal year, including amounts made available to such
heading by transfer.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2023''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $19,087,790,000, of which $8,159,490,000 shall
become available on July 1, 2023, and shall remain available
through September 30, 2024, and of which $10,841,177,000
shall become available on October 1, 2023, and shall remain
available through September 30, 2024, for academic year 2023-
2024: Provided, That $6,459,401,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to
$5,000,000 of these funds shall be available to the Secretary
of Education (referred to in this title as ``Secretary'') on
October 1, 2022, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA:
Provided further, That $5,282,550,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$5,282,550,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That $224,000,000 shall be for carrying out subpart 2 of part
B of title II: Provided further, That $52,123,000 shall be
for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,618,112,000, of which $1,468,242,000 shall be for
basic support payments under section 7003(b), $48,316,000
shall be for payments for children with disabilities under
section 7003(d), $18,406,000, to remain available through
September 30, 2024, shall be for construction under section
7007(b), $78,313,000 shall be for Federal property payments
under section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section
7008: Provided, That for purposes of computing the amount of
a payment for an eligible local educational agency under
section 7003(a) for school year 2022-2023, children enrolled
in a school of such agency that would otherwise be eligible
for payment under section 7003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a
parent or legal guardian having sole custody of such
children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children
reside on Federal property as described in section
7003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at
a school in the same local educational agency they attended
prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by part B of title I, part A of title II, subpart 1 of part A
of title IV, part B of title IV, part B of title V, and parts
B and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,810,642,000, of which $3,952,312,000 shall become
available on July 1, 2023, and remain available through
September 30, 2024, and of which $1,681,441,000 shall become
available on October 1, 2023, and shall remain available
through September 30, 2024, for academic year 2023-2024:
Provided, That $390,000,000 shall be for part B of title I:
Provided further, That $1,329,673,000 shall be for part B of
title IV: Provided further, That $45,897,000 shall be for
part B of title VI, which may be used for construction,
renovation, and modernization of any public elementary
school, secondary school, or structure related to a public
elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5
percent limitation in section 6205(b) of the ESEA on the use
of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That
$44,953,000 shall be for part C of title VI, which shall be
awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section
6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs:
Provided further, That $55,000,000 shall be available to
carry out section 203 of the Educational Technical Assistance
Act of 2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this
section: Provided further, That $24,464,000 shall be
available to carry out the Supplemental Education Grants
program for the Federated States of Micronesia and the
Republic of the Marshall Islands: Provided further, That the
Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in
the implementation of these grants: Provided further, That
$215,000,000 shall be for part B of title V: Provided
further, That $1,380,000,000 shall be available for grants
under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$194,746,000, of which $72,000,000 shall be for subpart 2 of
part A of title VI and $12,365,000 shall be for subpart 3 of
part A of title VI: Provided, That the 5 percent limitation
in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the
use of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds
provided under this heading may be for a period of up to 5
years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $1,253,000,000:
Provided, That $286,000,000 shall be for subparts 1, 3 and 4
of part B of title II and shall be made available without
regard to sections 2201, 2231(b) and 2241: Provided further,
That $683,000,000 shall be for parts C, D, and E and subpart
4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA:
Provided further, That section 4303(d)(3)(A)(i) shall not
apply to the funds available for part C of title IV: Provided
further, That of the funds available for part C of title IV,
the Secretary shall use not less than $60,000,000 to carry
out section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), $140,000,000, to
remain available through March 31, 2024, to carry out section
4305(b), and not more than $16,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $284,000,000 shall be
available through December 31, 2023 for subpart 1 of part F
of title IV: Provided further, That of the funds available
for subpart 4 of part F of title IV, not less than $8,000,000
shall be used for continuation grants for eligible national
nonprofit organizations, as described in the Applications for
New Awards; Assistance for Arts Education Program published
in the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $457,000,000, to remain
available through December 31, 2023: Provided, That
$216,000,000 shall be available for section 4631, of which up
to $5,000,000, to remain available until expended, shall be
for the Project School Emergency Response to Violence
(Project SERV) program: Provided further, That $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$890,000,000, which shall become available on July 1, 2023,
and shall remain available through September 30, 2024, except
that 6.5 percent of such amount shall be available on October
1, 2022, and shall remain available through September 30,
2024, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $15,453,264,000, of which
$5,870,321,000 shall become available on July 1, 2023, and
shall remain available through September 30, 2024, and of
which $9,283,383,000 shall become available on October 1,
2023, and shall remain available through September 30, 2024,
for academic year 2023-2024: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2022, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2022: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such
[[Page H10194]]
funds distributed under the second proviso to local
educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed 5, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized
by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20
U.S.C. 1234a): Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618
and to administer and carry out other services and activities
to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the
Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart:
Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and
619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out
activities authorized by those sections: Provided further,
That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5
or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each
State in an amount equal to the maximum amount described in
section 643(e)(2)(B) of such Act: Provided further, That if
more than 5 States apply for grants pursuant to section
643(e) of the IDEA, the Secretary shall award funds to those
States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive
a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may
use funds allotted under section 643(c) of the IDEA to make
subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-
profit organizations to carry out activities authorized by
section 638 of IDEA: Provided further, That, notwithstanding
section 638 of the IDEA, a State may use funds it receives
under section 633 of the IDEA to offer continued early
intervention services to a child who previously received
services under part C of the IDEA from age 3 until the
beginning of the school year following the child's third
birthday with parental consent and without regard to the
procedures in section 635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $4,092,906,000, of which $3,949,707,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary may
use amounts provided in this Act, and unobligated balances
from title III of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2022, (division H of Public Law 117-103), that remain
available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for
innovative activities aimed at increasing competitive
integrated employment as defined in section 7 of such Act for
youth and other individuals with disabilities, including
related Federal administrative expenses, and for improving
monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation
Act, including information technology modernization: Provided
further, That up to 15 percent of the amounts available
subsequent to reallotment for the activities described in the
first proviso from funds provided under this paragraph in
this Act, may be used for evaluation and technical assistance
related to such activities: Provided further, That States may
award subgrants for a portion of the funds to other public
and private, nonprofit entities: Provided further, That any
funds provided in this Act and made available subsequent to
reallotment for the purposes described in the first proviso
shall remain available until September 30, 2024: Provided
further, That the Secretary may transfer funds provided in
this Act and made available subsequent to the reallotment of
funds to States pursuant to section 110(b) of the
Rehabilitation Act to ``Institute of Education Sciences'' for
the evaluation of outcomes for students receiving services
and supports under IDEA and under title I, section 504 of
title V, and title VI of the Rehabilitation Act: Provided
further, That the transfer authority in the preceding proviso
is in addition to any other transfer authority in this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$92,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $165,361,000, of which up to
$15,000,000, to remain available until expended, shall be for
construction, as defined by section 201(2) of such Act:
Provided, That from the total amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $2,191,436,000, of which $1,400,436,000
shall become available on July 1, 2023, and shall remain
available through September 30, 2024, and of which
$791,000,000 shall become available on October 1, 2023, and
shall remain available through September 30, 2024: Provided,
That $25,000,000 shall be available for innovation and
modernization grants under such section 114(e) of the Perkins
Act: Provided further, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,615,352,000 which shall remain
available through September 30, 2024.
The maximum Pell Grant for which a student shall be
eligible during award year 2023-2024 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$2,033,943,000, to remain available through September 30,
2024: Provided, That the Secretary shall allocate new student
loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan
servicers utilizing established common metrics, and on the
basis of the capacity of each servicer to process new and
existing accounts: Provided further, That for student loan
contracts awarded prior to October 1, 2017, the Secretary
shall allow student loan borrowers who are consolidating
Federal student loans to select from any student loan
servicer to service their new consolidated student loan:
Provided further, That in order to promote accountability and
high-quality service to borrowers, the Secretary shall not
award funding for any contract solicitation for a new Federal
student loan servicing environment, including the
solicitation for the Federal Student Aid (FSA) Next
Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple
student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That
the Department shall re-allocate accounts from servicers for
recurring non-compliance with FSA guidelines, contractual
requirements, and applicable laws, including for failure to
sufficiently inform borrowers of available repayment options:
Provided further, That such servicers shall be evaluated
based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with
applicable consumer protections laws: Provided further, That
to the extent FSA permits student loan servicing
subcontracting, FSA shall hold prime contractors accountable
for meeting the requirements of the contract, and the
performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall
performance of the prime contractor: Provided further, That
FSA shall ensure that the Next Generation Processing and
Servicing Environment, or any new Federal loan servicing
environment, incentivize more support to borrowers at risk of
delinquency or default: Provided further, That FSA shall
ensure that in such environment contractors have the capacity
to meet and are held accountable for performance on service
levels; are held accountable for and have a history of
compliance with applicable consumer protection laws; and have
relevant experience and demonstrated effectiveness: Provided
further, That the Secretary shall provide quarterly briefings
to the Committees on Appropriations and Education and Labor
of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate
[[Page H10195]]
on general progress related to solicitations for Federal
student loan servicing contracts: Provided further, That FSA
shall strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance:
Provided further, That not later than 60 days after enactment
of this Act, FSA shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed spend plan of anticipated uses of funds made
available in this account for fiscal year 2023 and provide
quarterly updates on this plan (including contracts awarded,
change orders, bonuses paid to staff, reorganization costs,
and any other activity carried out using amounts provided
under this heading for fiscal year 2023): Provided further,
That the FSA Next Generation Processing and Servicing
Environment, or any new Federal student loan servicing
environment, shall include accountability measures that
account for the performance of the portfolio and contractor
compliance with FSA guidelines: Provided further, That
notwithstanding the requirements of the Federal Property and
Administration Services Act of 1949, 41 U.S.C. 3101 et seq.,
as amended; parts 6, 16, and 37 of title 48, Code of Federal
Regulations; or any other procurement limitation on the
period of performance, the Secretary may extend the period of
performance for any contract under section 456 of the HEA for
servicing activities for up to one year from the current date
of expiration.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Perkins Act, $3,526,037,000, of which
$184,000,000 shall remain available through December 31,
2023: Provided, That notwithstanding any other provision of
law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational
and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation: Provided
further, That section 313(d) of the HEA shall not apply to an
institution of higher education that is eligible to receive
funding under section 318 of the HEA: Provided further, That
amounts made available for carrying out section 419N of the
HEA may be awarded notwithstanding the limitations in section
419N(b)(2) of the HEA: Provided further, That of the amounts
made available under this heading, $429,587,000 shall be used
for the projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in
the preceding proviso shall be subject to section 302 of this
Act.
Howard University
For partial support of Howard University, $354,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $298,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2024: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $752,065,725:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education
Sciences as authorized by section 208 of the Department of
Education Organization Act and carrying out activities
authorized by the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals
with Disabilities Education Act, $807,605,000, which shall
remain available through September 30, 2024: Provided, That
funds available to carry out section 208 of the Educational
Technical Assistance Act may be used to link Statewide
elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000
of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support
activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $426,907,000, of which up to
$7,000,000, to remain available until expended, shall be
available for relocation expenses, and for the renovation and
repair of leased buildings: Provided, That, notwithstanding
any other provision of law, none of the funds provided by
this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or
expenditure in the current fiscal year may be used for any
activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of
the Budget Service of the Department of Education, relative
to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $67,500,000, of which $3,000,000 shall
remain available until expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2023, through September 30,
2024.
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2023 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
shall be applied by substituting ``2023'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C.
1087h(a)) shall be applied by substituting ``2023'' for
``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans
under part E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the amounts appropriated under section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2023,
$75,000,000 are hereby rescinded.
Sec. 309. Of the amounts made available in this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct
outreach to borrowers of loans made under part D of title IV
of the Higher Education Act of 1965 who may intend to qualify
for loan cancellation under section 455(m) of such Act (20
U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided,
That the Secretary shall specifically conduct outreach to
assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a
repayment plan that is not described under section 455(m)(A)
of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall
also communicate to all Direct Loan borrowers the full
requirements of section 455(m) of such Act and improve the
filing of employment certification by providing improved
outreach and information such as outbound calls, electronic
communications, ensuring prominent access to program
requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire
payment certification process electronically and on a
centralized website.
[[Page H10196]]
Sec. 310. The Secretary may reserve not more than 0.5
percent from any amount made available in this Act for an HEA
program, except for any amounts made available for subpart 1
of part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome
data for any program authorized by the HEA: Provided, That no
funds made available in this Act for the ``Student Aid
Administration'' account shall be subject to the reservation
under this section: Provided further, That any funds reserved
under this section shall be available through September 30,
2025: Provided further, That if, under any other provision of
law, funds are authorized to be reserved or used for
evaluation activities with respect to a program or project,
the Secretary may also reserve funds for such program or
project for the purposes described in this section so long as
the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations:
Provided further, That not later than 30 days prior to the
initial obligation of funds reserved under this section, the
Secretary shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on
Health, Education, Labor and Pensions of the Senate, and the
Committee on Education and Labor of the House of
Representatives a plan that identifies the source and amount
of funds reserved under this section, the impact on program
grantees if funds are withheld for the purposes of this
section, and the activities to be carried out with such
funds.
Sec. 311. In addition to amounts otherwise appropriated by
this Act under the heading ``Innovation and Improvement'' for
purposes authorized by the Elementary and Secondary Education
Act of 1965, there are hereby appropriated an additional
$200,443,000 which shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided, That none of the funds made available for
such projects shall be subject to section 302 of this Act.
(including transfer of funds)
Sec. 312. Of the amounts appropriated in this Act for
``Institute of Education Sciences'', $19,000,000 shall be
available for the Secretary of Education (``the Secretary'')
to provide support services to the Institute of Education
Sciences (including, but not limited to information
technology services, lease or procurement of office space,
human resource services, financial management services,
financial systems support, budget formulation and execution,
legal counsel, equal employment opportunity services,
physical security, facilities management, acquisition and
contract management, grants administration and policy, and
enterprise risk management): Provided, That the Secretary
shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of
Education methodology for allocating the cost of all such
support services: Provided further, That the Secretary may
transfer any amounts available for IES support services in
excess of actual amounts needed for IES support services, as
so calculated, to the ``Program Administration'' account from
the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between
amounts available for IES support services and amounts needed
for IES support services, as so calculated, the Secretary may
transfer necessary amounts to the ``Institute of Education
Sciences'' account from the ``Program Administration''
account: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 14 days in advance of any transfer made
pursuant to this section.
Sec. 313. The Education Amendments Act of 1972 is amended
by striking section 802.
(rescission)
Sec. 314. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $360,000,000 are
hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2023''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in
this title as ``the Committee'') established under section
8502 of title 41, United States Code, $13,124,000: Provided,
That in order to authorize any central nonprofit agency
designated pursuant to section 8503(c) of title 41, United
States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written
agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing,
oversight, and reporting provisions as necessary to implement
chapter 85 of title 41, United States Code: Provided further,
That such agreement shall include the elements listed under
the heading ``Committee For Purchase From People Who Are
Blind or Severely Disabled--Written Agreement Elements'' in
the explanatory statement described in section 4 of Public
Law 114-113 (in the matter preceding division A of that
consolidated Act): Provided further, That any such central
nonprofit agency may not charge a fee under section 51-3.5 of
title 41, Code of Federal Regulations, prior to executing a
written agreement with the Committee: Provided further, That
no less than $3,150,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $975,525,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the
1990 Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $19,538,000
shall be available to provide assistance to State commissions
on national and community service, under section 126(a) of
the 1990 Act and notwithstanding section 501(a)(5)(B) of the
1990 Act; (3) $37,735,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $8,558,000 shall be
available for expenses authorized under section 501(a)(4)(F)
of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the
1990 Act, satisfying the requirements in section 122(c)(1)(D)
may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $230,000,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$7,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2023,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of
not more than one year may receive a national service
education award having a value of 70 percent of
[[Page H10197]]
the value of a national service education award determined
under section 147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be
applied by substituting ``an approved national service
position'' for ``a national service program that receives
grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2025,
$535,000,000: Provided, That none of the funds made available
to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the
funds made available to CPB by this Act shall be available or
used to aid or support any program or activity from which any
person is excluded, or is denied benefits, or is
discriminated against, on the basis of race, color, national
origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to
apply any political test or qualification in selecting,
appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure
and efficiencies within the public media system, $60,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$53,705,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and
technical assistance, including those provided to foreign
governments and international organizations, and for
arbitration services shall be credited to and merged with
this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional
development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $13,824,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $299,224,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $9,000,000, which shall include amounts becoming
available in fiscal year 2023 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2024, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $128,000,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013:
Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or
individuals who have recently completed qualifying
educational programs using current excepted hiring
authorities established by the Office of Personnel
Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$14,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $48,609,338,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $86,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2025.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2024,
$15,800,000,000, to remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for
official reception and representation expenses, not more than
$13,985,978,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,700,000 shall be for the Social Security
Advisory Board: Provided further, That $55,000,000 shall
remain available through September 30, 2024, for activities
to address the disability hearings backlog within the Office
of Hearings Operations: Provided further, That unobligated
balances of funds provided under this paragraph at the end of
fiscal year 2023 not needed for fiscal year 2023 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommunications
[[Page H10198]]
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated
solely with this information technology and
telecommunications infrastructure: Provided further, That the
Commissioner of Social Security shall notify the Committees
on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under
the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social
Security Administration pursuant to 5 U.S.C. 7131, and for
facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to
in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible
after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,784,000,000, to remain
available through March 31, 2024, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant
United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of a concurrent
resolution on the budget in the Senate, and $1,511,000,000 is
additional new budget authority specified for purposes of a
concurrent resolution on the budget in the Senate and section
1(i) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022: Provided further,
That, of the additional new budget authority described in the
preceding proviso, up to $15,100,000 may be transferred to
the ``Office of Inspector General'', Social Security
Administration, for the cost of jointly operated co-operative
disability investigation units: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law: Provided further, That the
Commissioner shall provide to the Congress (at the conclusion
of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were
required by section 103(d)(2) of Public Law 104-121 for
fiscal years 1996 through 2002: Provided further, That none
of the funds described in this paragraph shall be available
for transfer or reprogramming except as specified in this
paragraph.
In addition, $140,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal
year 2023 exceed $140,000,000, the amounts shall be available
in fiscal year 2024 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,000,000, together with not to exceed
$82,665,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information
technology modernization, including related hardware and
software infrastructure and equipment, and for administrative
expenses directly associated with information technology
modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
[[Page H10199]]
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2023, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2023 that are different than those specified in
this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
or the fiscal year 2023 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000, individually or in total for a particular project,
activity, or programmatic initiative, in value and awarded by
the Department on a non-competitive basis during each quarter
of fiscal year 2023, but not to include grants awarded on a
formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after
the end of the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at United States
taxpayer expense. The funds used by a Federal agency to carry
out this requirement shall be derived from amounts made
available to the agency for advertising or other
communications regarding the programs and activities of the
agency.
Sec. 523. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall be governed by the provisions of section 526 of
division H of Public Law 113-76, except that in carrying out
such Pilots section 526 shall be applied by substituting
``Fiscal Year 2023'' for ``Fiscal Year 2014'' in the title of
subsection (b) and by substituting ``September 30, 2027'' for
``September 30, 2018'' each place it appears: Provided, That
such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public
Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524
of division A of Public Law 116-94, section 524 of division H
of Public Law 116-260, and section 523 of division H of
Public Law 117-103.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such
authorities.
Sec. 524. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal
year 2023 the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 525. The Departments of Labor, Health and Human
Services, and Education shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a comprehensive list of any new or competitive grant award
notifications, including supplements, issued at the
discretion of such Departments not less than 3 full business
days before any entity
[[Page H10200]]
selected to receive a grant award is announced by the
Department or its offices (other than emergency response
grants at any time of the year or for grant awards made
during the last 10 business days of the fiscal year, or if
applicable, of the program year).
Sec. 526. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, That such limitation does not
apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local
health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or
local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or
an HIV outbreak due to injection drug use, and such program
is operating in accordance with State and local law.
Sec. 527. Each department and related agency funded
through this Act shall provide answers to questions submitted
for the record by members of the Committee within 45 business
days after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment
Contingency Fund under section 2104(n)(2) of the Social
Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act,
$14,628,000,000 shall not be available for obligation in this
fiscal year.
Sec. 529. (a) This section applies to: (1) the
Administration for Children and Families in the Department of
Health and Human Services; and (2) the Chief Evaluation
Office and the statistical-related cooperative and
interagency agreements and contracting activities of the
Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in
subsection (a) for research, evaluation, or statistical
purposes shall be available for obligation through September
30, 2027: Provided, That when an office referenced in
subsection (a) receives research and evaluation funding from
multiple appropriations, such offices may use a single
Treasury account for such activities, with funding advanced
on a reimbursable basis.
(c) Amounts referenced in subsection (b) that are
unexpended at the time of completion of a contract, grant, or
cooperative agreement may be deobligated and shall
immediately become available and may be reobligated in that
fiscal year or the subsequent fiscal year for the research,
evaluation, or statistical purposes for which such amounts
are available.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2023''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the
President Pro Tempore of the Senate, $40,000; Majority Leader
of the Senate, $40,000; Minority Leader of the Senate,
$40,000; Majority Whip of the Senate, $10,000; Minority Whip
of the Senate, $10,000; President Pro Tempore Emeritus,
$15,000; Chairmen of the Majority and Minority Conference
Committees, $5,000 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $5,000 for each
Chairman; in all, $195,000.
For representation allowances of the Majority and Minority
Leaders of the Senate, $15,000 for each such Leader; in all,
$30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$258,677,000, which shall be paid from this appropriation as
follows:
office of the vice president
For the Office of the Vice President, $2,907,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $832,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus,
$359,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$6,196,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,876,000.
committee on appropriations
For salaries of the Committee on Appropriations,
$17,900,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,891,000 for each such
committee; in all, $3,782,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $940,000.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,931,000 for each such
committee; in all, $3,862,000.
office of the chaplain
For Office of the Chaplain, $598,000.
office of the secretary
For Office of the Secretary, $29,282,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$108,929,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $2,126,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $77,088,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $8,150,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,350,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,500; Sergeant at Arms and Doorkeeper of the Senate,
$7,500; Secretary for the Majority of the Senate, $7,500;
Secretary for the Minority of the Senate, $7,500; in all,
$30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $145,615,000, of which $14,561,500 shall remain
available until September 30, 2025.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on
International Narcotics Control, $552,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$17,515,000, of which $13,254,193 shall remain available
until September 30, 2027, and of which $4,260,807 shall
remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $171,844,000, of which $160,144,000
shall remain available until September 30, 2027: Provided,
That of the amount provided under this heading, $5,000,000
shall be for Senate hearing room audiovisual equipment, to
remain available until expended: Provided further, That of
the amount provided under this heading, $2,500,000 shall be
for a residential security system program, to remain
available until expended.
sergeant at arms fellowships fund
For expenses authorized by the Sergeant at Arms Fellowships
Fund established in section 102 of this Act, $6,277,000, to
remain available until expended.
miscellaneous items
For miscellaneous items, $27,814,000 which shall remain
available until September 30, 2025.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $512,000,000, of which $20,128,950 shall remain
available until September 30, 2025, and of which $7,000,000
shall be allocated solely for the purpose of providing
financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation
only during the fiscal year or fiscal years for which such
amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
mccain-mansfield and sfc sean cooley and spc christopher horton
congressional gold star family fellowships programs
Sec. 102. (a) Definitions.--In this section--
(1) the term ``appropriate committees of the Senate'' means
the Committee on Appropriations and the Committee on Rules
and Administration of the Senate;
(2) the term ``Fellowships Programs'' means the SFC Sean
Cooley and SPC Christopher Horton Congressional Gold Star
Family Fellowship Program (commonly referred to as the
``Green and Gold Congressional Aide Program'') established
under Senate Resolution 442 (117th Congress), agreed to
November 4, 2021, and the
[[Page H10201]]
McCain-Mansfield Fellowship Program established under Senate
Resolution 443 (117th Congress), agreed to November 4, 2021,
or any successor program to such programs;
(3) the term ``Fund'' means the Sergeant at Arms
Fellowships Fund established under subsection (b); and
(4) the term ``Sergeant at Arms'' means the Sergeant at
Arms and Doorkeeper of the Senate.
(b) Establishment.--There is established under the heading
``Contingent Expenses of the Senate'' an account to be known
as the ``sergeant at arms fellowships fund''.
(c) Use of Amounts.--
(1) In general.--Amounts in the Fund shall be available to
the Sergeant at Arms for the costs of compensation of fellows
under the Fellowships Programs and the administration of the
Fellowships Programs, except as provided in paragraph (2).
(2) Agency contributions.--Agency contributions for the
Fellowships Programs shall be paid from the appropriations
account for ``Salaries, Officers and Employees'' of the
Senate.
(d) Oversight.--The Sergeant at Arms shall provide to the
appropriate committees of the Senate--
(1) a plan regarding the administration of the Fund by the
Sergeant at Arms prior to obligation of any funds, to be
updated and resubmitted following any changes to the plan;
and
(2) annual reports regarding the costs of the Fellowships
Programs paid from the Fund.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Fund for fiscal year 2023, and each
fiscal year thereafter, such sums as are necessary for the
compensation of fellows under the Fellowships Programs during
the fiscal year and for the administration of the Fellowships
Programs.
(f) Exclusion for Purposes of Staffing Limits on the Office
of the Sergeant at Arms.--The payment of compensation to any
individual serving in a fellowship under the Fellowships
Programs by the Sergeant at Arms shall not be included for
purposes of any limitation on staffing levels of the Office
of the Sergeant at Arms.
senate democratic leadership offices funding authorities
Sec. 103. (a) Section 104 of division I of the Consolidated
Appropriations Act, 2021 (2 U.S.C. 6154 note) is amended--
(1) by striking ``Office of the Assistant Leader'' each
place it appears and inserting ``office of the designated
officer'';
(2) in subsection (a)--
(A) in paragraph (2), by striking ``means the 117th
Congress; and'' and inserting ``means the 118th Congress;'';
(B) in paragraph (3), by striking ``and ending on January
3, 2023.'' and inserting ``and ending on January 7, 2025;
and''; and
(C) by adding at the end the following:
``(4) the term `designated officer of the applicable
conference' means the member of the leadership of the
applicable conference to whom the duties and authorities of
the Secretary of the applicable conference are assigned under
subsection (b).'';
(3) in subsection (b), in the matter preceding paragraph
(1), by striking ``January 3, 2021, assign to the Assistant
Leader of the applicable conference'' and inserting ``January
3, 2023, at the direction of the Chair of the applicable
conference, assign to a member of the leadership of the
applicable conference''; and
(4) in subsection (c)(3), by striking ``Assistant Leader''
and inserting ``designated officer''.
(b) The amendments made by subsection (a) shall take effect
on January 3, 2023.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,847,571,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$36,560,000, including: Office of the Speaker, $10,499,000,
including $35,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $3,730,000, including
$15,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $10,499,000, including $17,500
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$3,099,000, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $2,809,000, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $2,962,000; Democratic Caucus, $2,962,000:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2023 until January 2, 2024.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and
official mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the
Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a)
for the compensation of interns who serve in the offices of
Members of the House of Representatives, $20,638,800, to
remain available through January 2, 2024: Provided, That
notwithstanding section 120(b) of such Act, an office of a
Member of the House of Representatives may use not more than
$46,800 of the allowance available under this heading during
legislative year 2023.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the
Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106)
for the compensation of interns who serve in House leadership
offices, $586,000, to remain available through January 2,
2024: Provided, That of the amount provided under this
heading, $322,300 shall be available for the compensation of
interns who serve in House leadership offices of the
majority, to be allocated among such offices by the Speaker
of the House of Representatives, and $263,700 shall be
available for the compensation of interns who serve in House
leadership offices of the minority, to be allocated among
such offices by the Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and
Select Committee Offices
For the allowance established under section 113(a)(1) of
the Legislative Branch Appropriations Act, 2022 (Public Law
117-103) for the compensation of interns who serve in offices
of standing, special, and select committees (other than the
Committee on Appropriations), $2,600,000, to remain available
through January 2, 2024: Provided, That of the amount
provided under this heading, $1,300,000 shall be available
for the compensation of interns who serve in offices of the
majority, and $1,300,000 shall be available for the
compensation of interns who serve in offices of the minority,
to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the
Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee
Offices
For the allowance established under section 113(a)(2) of
the Legislative Branch Appropriations Act, 2022 (Public Law
117-103) for the compensation of interns who serve in offices
of the Committee on Appropriations, $463,000: Provided, That
of the amount provided under this heading, $231,500 shall be
available for the compensation of interns who serve in
offices of the majority, and $231,500 shall be available for
the compensation of interns who serve in offices of the
minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the
Committee on Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $180,587,000:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2024, except that
$5,800,000 of such amount shall remain available until
expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $31,294,000, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $324,057,000, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for the Family
Room and not more than $2,000 is for the Office of the
Chaplain, $40,827,000, of which $9,000,000 shall remain
available until expended; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $38,793,000, of which
$22,232,000 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $211,572,000,
of which $25,977,000 shall remain available until expended;
for salaries and expenses of the Office of Diversity and
Inclusion, $3,500,000, of which $1,000,000 shall remain
available until expended; for salaries and expenses of the
Office of the Whistleblower Ombuds, $1,250,000; for salaries
and expenses of the Office of the Inspector General,
$5,138,000; for salaries and expenses of the Office of
General Counsel, $1,912,000; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than
$1,000 for official representation and reception expenses,
$2,184,000; for salaries and expenses of the Office of the
Law Revision Counsel of the House, $3,746,000; for salaries
and expenses of the Office of the Legislative Counsel of the
House, $13,457,000, of which $2,000,000 shall remain
available until expended; for salaries and expenses of the
Office of Interparliamentary Affairs, $934,000; for other
authorized employees, $744,000: Provided, That of the amount
made available until expended under this heading to the
Office of the Sergeant at Arms, $4,700,000 shall be for
activities associated with securing the permanent residences
of Members of the House of Representatives in the
congressional districts the Members represent and securing
the temporary residences of Members in the District of
Columbia, and may not be transferred or merged under sections
101(b) or 101(c)(2) of the Legislative Branch Appropriations
Act, 1993 (2 U.S.C. 5507(b) and (c)(2)): Provided further,
That as used in the preceding proviso, the term ``Members of
the House of Representatives'' shall include a Delegate or
Resident Commissioner to the Congress.
[[Page H10202]]
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $430,785,200, including: supplies,
materials, administrative costs and Federal tort claims,
$1,555,000; official mail for committees, leadership offices,
and administrative offices of the House, $190,000; Government
contributions for health, retirement, Social Security,
contractor support for actuarial projections, and other
applicable employee benefits, $387,368,200, to remain
available until March 31, 2024, except that $37,000,000 of
such amount shall remain available until expended; salaries
and expenses for Business Continuity and Disaster Recovery,
$22,841,000, of which $6,776,000 shall remain available until
expended; transition activities for new members and staff,
$5,895,000, to remain available until expended; Green and
Gold Congressional Aide Program, $9,674,000, to remain
available until expended; Office of Congressional Ethics,
$1,762,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $1,500,000.
House of Representatives Modernization Initiatives Account
For the House of Representatives Modernization Initiatives
Account established under section 115 of the Legislative
Branch Appropriations Act, 2021 (2 U.S.C. 5513), $10,000,000,
to remain available until expended: Provided, That
disbursement from this account is subject to approval of the
Committee on Appropriations of the House of Representatives:
Provided further, That funds provided in this account shall
only be used for initiatives recommended by the Select
Committee on Modernization or approved by the Committee on
House Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--members'
representational allowances'' shall be available only for
fiscal year 2023. Any amount remaining after all payments are
made under such allowances for fiscal year 2023 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations
to carry out this section.
(c) As used in this section, the term ``Member of the House
of Representatives'' means a Representative in, or a Delegate
or Resident Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides
assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate
cybersecurity risks to, and incidents involving, the
information systems of the House shall take all necessary
steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the
assistance, including applying minimization procedures to
limit the spread or sharing of privileged House and Member
information.
house intern resource office
Sec. 113. (a) Establishment; Coordinator.--
(1) Establishment; coordinator.--There is established in
the Office of the Chief Administrative Officer of the House
of Representatives the House Intern Resource Office
(hereinafter referred to as the ``Office'').
(2) Appointment.--The Office shall be headed by the House
Intern Resource Coordinator (hereinafter referred to as the
``Coordinator''), who shall be employed by the Chief
Administrative Officer in consultation with the chair and
ranking minority member of the Committee on House
Administration.
(b) Duties.--In consultation with the Office of Diversity
and Inclusion and such other offices as the Coordinator
considers appropriate, the Office shall--
(1) provide support services, such as accommodations,
training, and professional development, to interns of offices
of the House of Representatives;
(2) serve as a center for resources and best practices for
the recruitment, hiring, training, and use of interns by
offices of the House of Representatives; and
(3) gather demographic and other data about interns of
offices of the House of Representatives.
(c) Addressing Inequities in Access to Internships.--In
carrying out its duties, the Office shall consider inequities
in access to internships in offices of the House of
Representatives, and shall consider the viability of
establishing an intern stipend program for interns from
underrepresented backgrounds, including those who attend
Historically Black Colleges and Universities (HBCUs), Tribal
Colleges and Universities, Hispanic-Serving Institutions
(HSIs), and other Minority Serving Institutions described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(d) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 2023 and each succeeding
fiscal year such sums as may be necessary to carry out this
section.
(e) Effective Date.--This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.
educational assistance and professional development for house
employees
Sec. 114. (a) Expansion of Student Loan Repayment Program
to Cover Educational Assistance and Professional
Development.--Section 105(a) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 4536(a)) is amended to
read as follows:
``(a) Program to Cover Student Loan Repayment, Educational
Assistance, and Professional Development for House
Employees.--
``(1) Establishment.--The Chief Administrative Officer
shall establish a program under which an employing office of
the House of Representatives may agree--
``(A) to repay (by direct payment on behalf of the
employee) any student loan previously taken out by an
employee of the office;
``(B) to make direct payments on behalf of an employee of
the office or to reimburse an employee of the office for
expenses paid by the employee for the employee's educational
and professional development; and
``(C) to make direct payments on behalf of an employee of
the office or to reimburse an employee of the office for
credentialing, professional accreditation, professional
licensure, and professional certification expenses paid by
the employee.
``(2) Exclusion of members.--For purposes of this section,
a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) shall not
be considered to be an employee of the House of
Representatives.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to payments made during fiscal year
2023 or any succeeding fiscal year.
house services revolving fund
Sec. 115. (a) Inclusion of Funds Received From Operation of
Dry Cleaning and Laundry Service.--Section 105(a) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C.
5545(a)) is amended by adding at the end the following new
paragraphs:
``(8) The operation of the House Dry Cleaning and Laundry
Service.
``(9) Other activities related to the operation of services
offered by the House of Representatives, as approved by the
Committee on Appropriations of the House of
Representatives.''.
(b) Use of Amounts Subject to Notification Provided to
Committee on Appropriations.--Section 105(b) of such Act (2
U.S.C. 5545(b)) is amended by striking ``which is approved
by'' and inserting ``upon notification provided by the Chief
Administrative Officer to''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
clarification of use of child care center revolving fund to staff
training classes and conferences
Sec. 116. (a) Use of Fund.--Section 312(d)(3)(B) of the
Legislative Branch Appropriations Act, 1992 (2 U.S.C.
2062(d)(3)(B)) is amended by striking ``The reimbursement of
individuals employed by the center for the cost of training
classes and conferences'' and inserting ``The cost of
training classes and conferences for individuals employed by
the center''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
availability of authority of executive agencies to use appropriated
amounts for child care to house of representatives
Sec. 117. (a) Availability of Authority.--Section 590(g) of
title 40, United States Code, is amended by adding at the end
the following new paragraph:
``(6) Application to house of representatives.--This
subsection shall apply with respect to the House of
Representatives in the same manner as it applies to an
Executive agency, except that--
``(A) the authority granted to the Office of Personnel
Management shall be exercised with respect to the House of
Representatives by the Speaker of the House of
Representatives in accordance with regulations promulgated by
the Committee on House Administration; and
``(B) amounts may be made available to implement this
subsection with respect to the House of Representatives
without advance notice to the Committee on Appropriations of
the Senate.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,283,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $12,948,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for
[[Page H10203]]
the Attending Physician and their assistants, including:
(1) an allowance of $3,500 per month to the Attending
Physician;
(2) an allowance of $2,500 per month to the Senior Medical
Officer;
(3) an allowance of $900 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $900 per month to 2 assistants and $900
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,880,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $4,181,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,702,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$541,730,000 of which overtime shall not exceed $64,912,000
unless the Committees on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or a duly authorized designee: Provided, That
of the total amount appropriated, $16,000,000 shall be
available for retention bonuses: Provided further, That of
the total amount appropriated, $3,450,000 is for agreed upon
protection activities for Members of Congress and shall be
available until September 30, 2024, with notification to the
Committees on Appropriations prior to the obligation of
funds.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Centers, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $192,846,000, to be disbursed by the
Chief of the Capitol Police or a duly authorized designee, of
which $6,028,000 shall be for agreed upon protection
activities for Members of Congress and shall be available
until September 30, 2025: Provided, That amounts made
available for the Enhanced Member Protection Program may be
obligated and expended only upon approval of the Committees
on Appropriations: Provided further, That, notwithstanding
any other provision of law, the cost of basic training for
the Capitol Police at the Federal Law Enforcement Training
Centers for fiscal year 2023 shall be paid by the Secretary
of Homeland Security from funds available to the Department
of Homeland Security.
Administrative Provisions
volunteer chaplain services
Sec. 120. (a) The Chief of the Capitol Police shall have
authority to accept unpaid religious chaplain services,
whereby volunteers from multiple faiths, authorized by their
respective religious endorsing agency or organization, may
advise, administer, and perform spiritual care and religious
guidance for Capitol Police employees.
(b) Chaplains shall not be required to perform any rite,
ritual, or ceremony, and employees shall not be required to
receive such rite, ritual, or ceremony, if doing so would
compromise the conscience, moral principles, or religious
beliefs of such chaplain or employees or the chaplain's
endorsing agency or organization.
(c) Effective Date.--This section shall apply with respect
to fiscal year 2023 and each succeeding fiscal year.
Sec. 121. Notwithstanding any other provision of law
(except section 1341 of title 31, United States Code),
hereafter, the United States Capitol Police shall perform a
threat assessment for former Speakers of the House of
Representatives, and if warranted, any such former Speaker
shall receive a United States Capitol Police protective
detail for a period of not more than one year beginning on
the date they leave such office, except that such former
Speaker shall have the option to decline such protective
detail at any time: Provided, That at the conclusion of the
one year period, the United States Capitol Police shall
perform a threat assessment to determine whether extension of
the protective detail is warranted: Provided further, That,
the protective detail may be extended beyond the initial one
year period, with the concurrence of the relevant former
Speaker, if the United States Capitol Police determines that
information or conditions, including but not limited to
violent threats, warrant such protection: Provided further,
That the United States Capitol Police is authorized to enter
into Memoranda of Understanding with relevant state and local
law enforcement agencies, as needed, to carry out this
section.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of
the Office of Congressional Workplace Rights, $8,000,000, of
which $2,500,000 shall remain available until September 30,
2024, and of which not more than $1,000 may be expended on
the certification of the Executive Director in connection
with official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $63,237,000: Provided,
That the Director shall use not less than $500,000 of the
amount made available under this heading for (1) improving
technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects
to Members of Congress, employees of Members of Congress, and
the public, and (2) to increase the availability of models,
economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction
of the Architect of the Capitol; including furnishings and
office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or
exchange, maintenance, and operation of a passenger motor
vehicle, $145,843,000: Provided, That none of the funds
appropriated or made available under this heading in this Act
or any other Act, including previous Acts, may be used for a
home-to-work vehicle for the Architect or a duly authorized
designee.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $80,589,000, of which $6,099,000
shall remain available until September 30, 2027, and of which
$42,785,000 shall remain available until expended.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $16,365,000, of which
$2,000,000 shall remain available until September 30, 2027.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $184,596,000, of which
$66,000,000 shall remain available until September 30, 2027,
and of which $36,100,000 shall remain available until
expended.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $126,279,000, of
which $14,500,000 shall remain available until September 30,
2027, and of which $40,600,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building: Provided, That of the amount made
available under this heading, $4,000,000 shall be derived by
transfer from the House Office Building Fund established
under section 176(d) of the Continuing Appropriations Act,
2017 (2 U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $166,951,000, of which $68,600,000
shall remain available until September 30, 2027: Provided,
That not more than $10,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2023.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $144,220,000, of which $108,000,000
shall remain available until September 30, 2027.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds
[[Page H10204]]
and security enhancements of the United States Capitol
Police, wherever located, the Alternate Computing Facility,
and Architect of the Capitol security operations,
$402,907,000, of which $346,255,000 shall remain available
until September 30, 2027: Provided, That of such amount,
$80,000,000 shall be for design and construction of enhanced
screening vestibules at the north and south Capitol Building
entrances: Provided further, That of such amount,
$238,455,000 shall be for the Capitol Complex Security
Program: Provided further, That amounts made available for
the Capitol Complex Security Program may be obligated and
expended only upon approval of the Committees on
Appropriations.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $23,560,000, of which $8,200,000 shall remain
available until September 30, 2027: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $27,692,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or
programs for which the contractor is behind schedule or over
budget, unless the Architect of the Capitol, or agency-
employed designee, determines that any such deviations are
due to unforeseeable events, government-driven scope changes,
or are not significant within the overall scope of the
project and/or program.
reauthorization of fallen heroes flag act of 2016
Sec. 131. Section 5 of the Fallen Heroes Flag Act of 2016
(2 U.S.C. 1881c) is amended by striking ``through 2022'' and
inserting ``through 2028''.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; information technology services provided
centrally; special clothing; cleaning, laundering and repair
of uniforms; preservation of motion pictures in the custody
of the Library; operation and maintenance of the American
Folklife Center in the Library; preparation and distribution
of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly
chargeable to the income of any trust fund held by the Board,
$582,529,000, and, in addition, amounts credited to this
appropriation during fiscal year 2023 under the Act of June
28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall
remain available until expended: Provided, That the Library
of Congress may not obligate or expend any funds derived from
collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That of the total
amount appropriated, not more than $18,000 may be expended,
on the certification of the Librarian of Congress, in
connection with official representation and reception
expenses, including for the Overseas Field Offices: Provided
further, That of the total amount appropriated, $12,245,000
shall remain available until expended for the Teaching with
Primary Sources program: Provided further, That of the total
amount appropriated, $1,459,000 shall remain available until
expended for upgrade of the Legislative Branch Financial
Management System: Provided further, That of the total amount
appropriated, $250,000 shall remain available until expended
for the Surplus Books Program to promote the program and
facilitate a greater number of donations to eligible entities
across the United States: Provided further, That of the total
amount appropriated, $3,976,000 shall remain available until
expended for the Veterans History Project to continue
digitization efforts of already collected materials, reach a
greater number of veterans to record their stories, and
promote public access to the Project: Provided further, That
of the total amount appropriated, $1,500,000 shall remain
available until expended for the COVID-19 American History
Project.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$100,674,000, of which not more than $39,702,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2023 under
sections 708(d) and 1316 of title 17, United States Code:
Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section
in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That
not more than $7,210,000 shall be derived from collections
during fiscal year 2023 under sections 111(d)(2), 119(b)(3),
803(e), and 1005 of such title: Provided further, That the
total amount available for obligation shall be reduced by the
amount by which collections are less than $46,912,000:
Provided further, That of the funds provided under this
heading, not less than $17,100,000 is for modernization
initiatives, of which $10,000,000 shall remain available
until September 30, 2024: Provided further, That not more
than $100,000 of the amount appropriated is available for the
maintenance of an ``International Copyright Institute'' in
the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in
intellectual property laws and policies: Provided further,
That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection
with official representation and reception expenses for
activities of the International Copyright Institute and for
copyright delegations, visitors, and seminars: Provided
further, That, notwithstanding any provision of chapter 8 of
title 17, United States Code, any amounts made available
under this heading which are attributable to royalty fees and
payments received by the Copyright Office pursuant to
sections 111, 119, and chapter 10 of such title may be used
for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of
salaries and benefits for the Copyright Royalty Judges and
staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $133,600,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does
not apply to publication of non-confidential Congressional
Research Service (CRS) products: Provided further, That a
non-confidential CRS product includes any written product
containing research or analysis that is currently available
for general congressional access on the CRS Congressional
Intranet, or that would be made available on the CRS
Congressional Intranet in the normal course of business and
does not include material prepared in response to
Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$58,657,000: Provided, That of the total amount appropriated,
$650,000 shall be available to contract to provide newspapers
to blind and print disabled residents at no cost to the
individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2023, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$308,554,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the Legislative Branch.
use of appropriated funds to cover salaries of certain personnel of
little scholars child development center
Sec. 141. (a) Use of Funds.--Section 210 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 162b) is amended--
(1) in subsection (f)(1), by striking ``pay to the Library
of Congress'' and inserting ``except as provided in
subsection (g), pay to the Library of Congress'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Reimbursement for Certain Compensation.--
Notwithstanding paragraph (1) of subsection (f), in the case
of expenses described in such paragraph which are
attributable to the compensation of the Executive Director
and Deputy Executive Director of the Center, the Librarian of
Congress may reimburse the Center for such expenses from
amounts appropriated or otherwise made available for salaries
and expenses of the Library of Congress.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to fiscal year 2023 and each
succeeding fiscal year.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
publishing of Government publications authorized by law to be
distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to
be distributed without charge to the recipient, $82,992,000:
Provided, That this appropriation shall not be available for
paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners
or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years:
[[Page H10205]]
Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of
the funds appropriated or made available under this Act or
any other Act for printing and binding and related services
provided to Congress under chapter 7 of title 44, United
States Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date
that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United
States Code: Provided further, That unobligated or unexpended
balances of expired discretionary funds made available under
this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving
Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for
the purposes for which appropriated, to be available for
carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44,
United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and
session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications in
any format, and their distribution to the public, Members of
Congress, other Government agencies, and designated
depository and international exchange libraries as authorized
by law, $35,257,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for the preceding two fiscal years
to depository and other designated libraries: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this
Act for this fiscal year may be transferred to, and merged
with, funds under the heading ``Government Publishing Office
Business Operations Revolving Fund'' no later than the end of
the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which
appropriated, to be available for carrying out the purposes
of this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and the
Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $11,605,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with law, and
to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out
the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further,
That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the Business Operations
Revolving Fund may provide information in any format:
Provided further, That the Business Operations Revolving Fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception
expenses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance
with section 3324 of title 31, United States Code; benefits
comparable to those payable under sections 901(5), (6), and
(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living
quarters in foreign countries, $790,319,000, of which
$5,000,000 shall remain available until expended: Provided,
That, in addition, $55,865,000 of payments received under
sections 782, 791, 3521, and 9105 of title 31, United States
Code, shall be available without fiscal year limitation:
Provided further, That amounts provided under this heading
and appropriations for administrative expenses of any other
department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate
share of either Forum's costs as determined by the respective
Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to
the Forum may be credited as reimbursements to any
appropriation from which costs involved are initially
financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International
Leadership Fund for financing activities of the Congressional
Office for International Leadership under section 313 of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$6,000,000: Provided, That funds made available to support
Russian participants shall only be used for those engaging in
free market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public
Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2023
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued under existing law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate, unless through
regulations as authorized by section 402(b)(8) of the Capitol
Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
[[Page H10206]]
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire
telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation for a high or moderate impact
information system, as defined for security categorization in
the National Institute of Standards and Technology's (NIST)
Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal
Information and Information Systems'' unless the agency,
office, or other entity acquiring the equipment or system
has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high or moderate impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such telecommunications
equipment for inclusion in a high or moderate impact system,
including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high or
moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such
telecommunications equipment for inclusion in a high or
moderate impact system is in the vital national security
interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the telecommunications equipment
for inclusion in a high or moderate impact system intended
for acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such
report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that
contract with a food service provider or providers shall
confer and coordinate with such food service provider or
providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from
plastic straws, explore the use of biodegradable items, and
increase recycling and composting opportunities.
capitol complex health and safety
Sec. 211. In addition to the amounts appropriated under
this Act under the heading ``Office of the Attending
Physician'', there is hereby appropriated to the Office of
the Attending Physician $5,000,000, to remain available until
expended, for response to COVID-19, including testing,
subject to the same terms and conditions as the amounts
appropriated under such heading.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2023''.
DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $1,553,825,000, to remain available until
September 30, 2027: Provided, That, of this amount, not to
exceed $275,651,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made
available under this heading, $658,260,000 shall be for the
projects and activities, and in the amounts, specified in the
table under the heading ``Military Construction, Army'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), in
addition to amounts otherwise available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$4,345,320,000, to remain available until September 30, 2027:
Provided, That, of this amount, not to exceed $515,473,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$492,929,000 shall be for the projects and activities, and in
the amounts, specified in the table under the heading
``Military Construction, Navy and Marine Corps'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition
to amounts otherwise available for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $2,614,996,000, to
remain available until September 30, 2027: Provided, That, of
this amount, not to exceed $251,634,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$509,540,000 shall be for the projects and activities, and in
the amounts, specified in the table under the heading
``Military Construction, Air Force'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,626,078,000,
to remain available until September 30, 2027: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That, of the
amount, not to exceed $506,927,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $109,680,000 shall be for the projects
and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Defense-Wide'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), in
addition to amounts otherwise available for such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$459,018,000, to remain available until September 30, 2027:
Provided, That, of the amount, not to exceed $83,435,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under
this heading, $151,540,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Army National Guard'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), in
addition to amounts otherwise available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$279,353,000, to remain available until September 30, 2027:
Provided, That, of the amount, not to exceed $56,982,000
shall be available for
[[Page H10207]]
study, planning, design, and architect and engineer services,
as authorized by law, unless the Director of the Air National
Guard determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$112,970,000 shall be for the projects and activities, and in
the amounts, specified in the table under the heading
``Military Construction, Air National Guard'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition
to amounts otherwise available for such purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $193,878,000, to remain
available until September 30, 2027: Provided, That, of the
amount, not to exceed $24,829,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available
under this heading, $74,000,000 shall be for the projects and
activities, and in the amounts, specified in the table under
the heading ``Military Construction, Army Reserve'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition
to amounts otherwise available for such purposes.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $36,837,000, to remain available until September 30,
2027: Provided, That, of the amount, not to exceed $9,090,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $85,423,000, to remain
available until September 30, 2027: Provided, That, of the
amount, not to exceed $27,573,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the amount made available under this heading,
$35,800,000 shall be for the projects and activities, and in
the amounts, specified in the table under the heading
``Military Construction, Air Force Reserve'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition
to amounts otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$574,687,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$169,339,000, to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $337,297,000, to remain available until September 30,
2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$232,788,000, to remain available until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $6,442,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $494,000, to remain available until
expended, for unaccompanied housing initiatives undertaken
pursuant to section 2883 of title 10, United States Code,
providing alternative means of acquiring and improving
military unaccompanied housing and supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided,
[[Page H10208]]
That this section shall not be applicable to contract awards
for which the lowest responsive and responsible bid of a
United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20
percent: Provided further, That this section shall not apply
to contract awards for military construction on Kwajalein
Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2027:
``Military Construction, Army'', $243,490,000;
``Military Construction, Navy and Marine Corps'',
$423,300,000;
``Military Construction, Air Force'', $527,300,000;
``Military Construction, Defense-Wide'', $151,000,000;
``Military Construction, Army National Guard'',
$54,743,000;
``Military Construction, Army Reserve'', $56,600,000;
``Military Construction, Navy Reserve'', $116,964,000;
``Military Construction, Air Force Reserve'', $9,000,000;
``Family Housing Construction, Army'', $321,722,000; and
``Family Housing Construction, Air Force'', $18,800,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the
respective military department's unfunded priority list for
fiscal year 2023 submitted to Congress: Provided further,
That such projects are subject to authorization prior to
obligation and expenditure of funds to carry out
construction: Provided further, That not later than 60 days
after enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 125. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of
Defense--Military Construction, Navy and Marine Corps'',
``Department of Defense--Military Construction, Air Force'',
and ``Department of Defense--Military Construction, Defense-
Wide'' accounts pursuant to the authorization of
appropriations in a National Defense Authorization Act
specified for fiscal year 2023 in the funding table in
section 4601 of that Act shall be immediately available and
allotted to contract for the full scope of authorized
projects.
Sec. 126. Notwithstanding section 116 of this Act, funds
made available in this Act or any available unobligated
balances from prior appropriations Acts may be obligated
before October 1, 2024 for fiscal year 2017 and fiscal year
2018 military construction projects for which project
authorization has not lapsed or for which authorization is
extended for fiscal year 2023 by a National Defense
Authorization Act: Provided, That no amounts may be obligated
pursuant to this section from amounts that were designated by
the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 127. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 128. For an additional amount for the accounts and in
the amounts specified for planning and design, unspecified
minor construction, and authorized major construction
projects, for construction improvements to Department of
Defense laboratory facilities, to remain available until
September 30, 2027:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$10,000,000; and
``Military Construction, Air Force'', $90,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or
their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of
the expenditure plan required by this section.
Sec. 129. For an additional amount for the accounts and in
the amounts specified for planning and design and unspecified
minor construction, for improving military installation
resilience, to remain available until September 30, 2027:
``Military Construction, Army'', $25,000,000;
[[Page H10209]]
``Military Construction, Navy and Marine Corps'',
$40,000,000; and
``Military Construction, Air Force'', $25,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or
their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section: Provided further, That
the Secretary of the military department concerned may not
obligate or expend any funds prior to approval by the
Committees on Appropriations of both Houses of Congress of
the expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military
Construction, Air Force'', $360,000,000, to remain available
until September 30, 2027, for expenses incurred as a result
of natural disasters: Provided, That not later than 60 days
after the date of enactment of this Act, the Secretary of the
Air Force, or their designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 131. For an additional amount for the accounts and in
the amounts specified to address cost increases identified
subsequent to the fiscal year 2023 budget request for
authorized major construction projects included either in
that request or funded in Title I of Division J of Public Law
117-103, to remain available until September 30, 2027:
``Military Construction, Army'', $103,000,000;
``Military Construction, Navy and Marine Corps'',
$331,000,000;
``Military Construction, Air Force'', $273,000,000;
``Military Construction, Defense-Wide'', $279,347,000;
``Military Construction, Army National Guard'',
$66,000,000;
``Military Construction, Air National Guard'', $17,000,000;
``Military Construction, Army Reserve'', $24,000,000;
``Military Construction, Navy Reserve'', $5,500,000; and
``Military Construction, Air Force Reserve'', $11,000,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 132. For an additional amount for the accounts and in
the amounts specified for planning and design and authorized
major construction projects, for child development centers,
to remain available until September 30, 2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$15,000,000; and
``Military Construction, Air Force'', $37,400,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 133. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $25,000,000, to remain
available until September 30, 2027, for planning and design
of water treatment and distribution facilities construction,
including relating to improvements of infrastructure and
defueling at the Red Hill Bulk Fuel Storage Facility:
Provided, That not later than 180 days after the date of
enactment of this Act, the Secretary of the Navy, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 134. For an additional amount for the accounts and in
the amounts specified to address cost increases for
authorized major construction projects funded by this Act, to
remain available until September 30, 2027:
``Military Construction, Army'', $48,600,000;
``Military Construction, Navy and Marine Corps'',
$166,500,000;
``Military Construction, Air Force'', $63,350,000;
``Military Construction, Defense-Wide'', $14,200,000;
``Military Construction, Army National Guard'',
$18,900,000;
``Military Construction, Air National Guard'', $4,900,000;
``Military Construction, Army Reserve'', $2,000,000; and
``Military Construction, Air Force Reserve'', $500,000:
Provided, That not later than 60 days after the date of
enactment of this Act, the Secretary of the military
department concerned, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section:
Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds
prior to approval by the Committees on Appropriations of both
Houses of Congress of the expenditure plan required by this
section.
Sec. 135. For an additional amount for ``Military
Construction, Air National Guard'', $10,000,000, to remain
available until September 30, 2027, for planning and design
for construction at future foreign military training sites:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the Air Force, or their designee, shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
section.
Sec. 136. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $146,778,136,000, which shall become available on
October 1, 2023, to remain available until expended:
Provided, That not to exceed $21,423,000 of the amount made
available for fiscal year 2024 under this heading shall be
reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for
necessary expenses in implementing the provisions of chapters
51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $8,452,500,000, which shall become
available on October 1, 2023, to remain available until
expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to
provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21 of title 38, United States
Code, $121,126,000, which shall become available on October
1, 2023, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2023, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed $942,330.
In addition, for administrative expenses necessary to carry
out the direct loan program, $445,698, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $3,863,000,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 10 percent shall
remain available until September 30, 2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care
[[Page H10210]]
and treatment to beneficiaries of the Department of Veterans
Affairs and veterans described in section 1705(a) of title
38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering
services, food services, and salaries and expenses of
healthcare employees hired under title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), monthly
assistance allowances authorized by section 322(d) of title
38, United States Code, grants authorized by section 521A of
title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38,
United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$261,000,000, which shall be in addition to funds previously
appropriated under this heading that became available on
October 1, 2022; and, in addition, $74,004,000,000, plus
reimbursements, shall become available on October 1, 2023,
and shall remain available until September 30, 2024:
Provided, That, of the amount made available on October 1,
2023, under this heading, $2,000,000,000 shall remain
available until September 30, 2025: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for the provision
of medical treatment for veterans who have service-connected
disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall give priority funding
for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written
prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading for medical supplies and equipment are available for
the acquisition of prosthetics designed specifically for
female veterans: Provided further, That nothing in section
2044(e)(1) of title 38, United States Code, may be construed
as limiting amounts that may be made available under this
heading for fiscal years 2023 and 2024 in this or prior Acts.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $4,300,000,000, which
shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2022; and,
in addition, $33,000,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain
available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$2,000,000,000 shall remain available until September 30,
2025.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $1,400,000,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2022; and, in addition,
$12,300,000,000, plus reimbursements, shall become available
on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made
available on October 1, 2023, under this heading,
$350,000,000 shall remain available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $1,500,000,000, which
shall be in addition to funds previously appropriated under
this heading that became available on October 1, 2022; and,
in addition, $8,800,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain
available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$500,000,000 shall remain available until September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $916,000,000,
plus reimbursements, shall remain available until September
30, 2024: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $430,000,000, of which not
to exceed 10 percent shall remain available until September
30, 2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $433,000,000, of
which not to exceed 10 percent shall remain available until
September 30, 2024: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $285,000,000, of which not to exceed 10 percent
shall remain available until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $5,782,000,000, plus reimbursements: Provided,
That $1,494,230,000 shall be for pay and associated costs, of
which not to exceed 3 percent shall remain available until
September 30, 2024: Provided further, That $4,145,678,000
shall be for operations and maintenance, of which not to
exceed 5 percent shall remain available until September 30,
2024: Provided further, That $142,092,000 shall be for
information technology systems development, and shall remain
available until September 30, 2024: Provided further, That
amounts made available for salaries and expenses, operations
and maintenance, and information technology systems
development may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development
may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased
or decreased by more than $3,000,000 of cost prior to
submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval
is issued, or absent a response, a period of 30 days has
elapsed: Provided further, That the funds made available
under this heading for information technology systems
development shall be for the projects, and in the amounts,
specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation,
development, interface, management, rollout, and maintenance
of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, and salaries and
expenses of employees hired under titles 5 and 38, United
States Code, $1,759,000,000, to remain available until
September 30, 2025: Provided, That the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress quarterly reports detailing
obligations, expenditures, and deployment implementation by
facility, including any changes from the deployment plan or
schedule: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy
Secretary, to be administered by that Office: Provided
further, That 25 percent of the funds made available under
this heading shall not be available until July 1, 2023, and
are contingent upon the Secretary of Veterans Affairs--
(1) providing the Committees on Appropriations a report
detailing the status of outstanding issues impacting the
stability and usability of the new electronic health record
system, including those that contributed to the October 13,
2022, deployment delay, along with a timeline and measurable
metrics to resolve issues, no later than 60 days after
enactment of this Act;
(2) certifying and detailing any changes to the full
deployment schedule, no later than 60 days prior to July 1,
2023; and
[[Page H10211]]
(3) certifying in writing no later than 30 days prior to
July 1, 2023, the following--
(A) the status of issues included in the report referenced
in paragraph (1), including issues that have not been closed
but have been suitably resolved or mitigated in a manner that
will enhance provider productivity and minimize the potential
for patient harm; and
(B) whether the system is stable, ready, and optimized for
further deployment at VA sites.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $273,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2024.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,447,890,000, of which $731,722,000 shall remain available
until September 30, 2027, and of which $716,168,000 shall
remain available until expended, of which $1,500,000 shall be
available for seismic improvement projects and seismic
program management activities, including for projects that
would otherwise be funded by the Construction, Minor
Projects, Medical Facilities or National Cemetery
Administration accounts: Provided, That except for advance
planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and planning, cost
estimating, and design for major medical facility projects
and major medical facility leases and investment strategy
studies funded through the advance planning fund and the
planning and design activities funded through the design
fund, staffing expenses, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds made available under this heading shall be used
for any project that has not been notified to Congress
through the budgetary process or that has not been approved
by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment
of salaries and expenses of all Office of Construction and
Facilities Management employees to support the full range of
capital infrastructure services provided, including minor
construction and leasing services: Provided further, That
funds made available under this heading for fiscal year 2023,
for each approved project shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2023; and (2) by the awarding of a construction contract
by September 30, 2024: Provided further, That the Secretary
of Veterans Affairs shall promptly submit to the Committees
on Appropriations of both Houses of Congress a written report
on any approved major construction project for which
obligations are not incurred within the time limitations
established above: Provided further, That notwithstanding the
requirements of section 8104(a) of title 38, United States
Code, amounts made available under this heading for seismic
improvement projects and seismic program management
activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $626,110,000, of which $563,499,000 shall remain
available until September 30, 2027, and of which $62,611,000
shall remain available until expended, along with unobligated
balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any
project where the estimated cost is equal to or less than the
amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any
of the nonmedical facilities under the jurisdiction or for
the use of the Department which are necessary because of loss
or damage caused by any natural disaster or catastrophe; and
(2) temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $150,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$50,000,000, to remain available until expended.
Cost of War Toxic Exposures Fund
For investment in the delivery of veterans' health care
associated with exposure to environmental hazards, the
expenses incident to the delivery of veterans' health care
and benefits associated with exposure to environmental
hazards, and medical and other research relating to exposure
to environmental hazards, as authorized by section 324 of
title 38, United States Code, and in addition to amounts
otherwise available for such purposes in the appropriations
provided in this or prior Acts, $5,000,000,000, to remain
available until September 30, 2027: Provided, That not later
than 30 days after the date of enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this heading for fiscal year
2023.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2023, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of
[[Page H10212]]
title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title
38, United States Code, reimburse the ``General Operating
Expenses, Veterans Benefits Administration'' and
``Information Technology Systems'' accounts for the cost of
administration of the insurance programs financed through
those accounts: Provided, That reimbursement shall be made
only from the surplus earnings accumulated in such an
insurance program during fiscal year 2023 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided
further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration
for fiscal year 2023 which is properly allocable to the
provision of each such insurance program and to the provision
of any total disability income insurance included in that
insurance program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services shall be available until
expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management,
Diversity and Inclusion, the Office of Employment
Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human
Resources and Administration for all services provided at
rates which will recover actual costs but not to exceed
$86,481,000 for the Office of Resolution Management,
Diversity and Inclusion, $6,812,000 for the Office of
Employment Discrimination Complaint Adjudication, and
$4,576,000 for the Alternative Dispute Resolution function
within the Office of Human Resources and Administration:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems''
accounts for use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian Tribes and Tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the
Department of Veterans Affairs Capital Asset Fund pursuant to
section 8118 of title 38, United States Code, may be
transferred to the ``Construction, Major Projects'' and
``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``Board of
Veterans Appeals'', ``General Administration'', and
``National Cemetery Administration'' accounts for fiscal year
2023 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers
may not result in a more than 10 percent aggregate increase
in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided further,
That, before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$330,140,000, plus reimbursements, may be transferred to the
Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 220
of title II of division J of Public Law 117-103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $314,825,000, plus reimbursements, may be
transferred to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may
be transferred from accounts designated in this section to
the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense--Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That, notwithstanding
section 1704(b)(3) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573),
amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration
Fund shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in
[[Page H10213]]
a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall
occur within 14 days of a contract identifying the programmed
amount: Provided further, That the Secretary shall notify the
Committees on Appropriations of both Houses of Congress 14
days prior to the obligation of such bid savings and shall
describe the anticipated use of such savings.
Sec. 225. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying Public Law 114-223:
Provided further, That the report shall also include
information on the number of appeals pending at the Veterans
Benefits Administration as well as the Board of Veterans
Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2023 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2023, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of
Veterans Affairs for fiscal year 2023, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $7,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall
ensure that the toll-free suicide hotline under section
1720F(h) of title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action
that prohibits the Secretary of Veterans Affairs from
appointing an individual to occupy a vacant civil service
position, or establishing a new civil service position, at
the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum, or other
action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a
study on the effectiveness of the hotline specified in
subsection (a) during the 5-year period beginning on January
1, 2016, based on an analysis of national suicide data and
data collected from such hotline.
(2) At a minimum, the study required by paragraph (1)
shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue
receiving, mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. Effective during the period beginning on October
1, 2018, and ending on January 1, 2024, none of the funds
made available to the Secretary of Veterans Affairs by this
or any other Act may be obligated or expended in
contravention of the ``Veterans Health Administration
Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer
Guidance'' published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health
Promotion and Disease Prevention.
Sec. 234. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member except that--
(A) the time periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such
memorandum shall not apply; and
(B) such term includes embryo cryopreservation and storage
without limitation on the duration of such cryopreservation
and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2018 (Public Law 115-
141).
Sec. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
Sec. 236. Section 842 of Public Law 109-115 shall not
apply to conversion of an activity or function of the
Veterans Health Administration, Veterans Benefits
Administration, or National Cemetery Administration to
contractor performance by a business concern that is at least
51 percent owned by one or more Indian Tribes as defined in
section 5304(e) of title 25, United States Code, or one or
more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
Sec. 237. (a) Except as provided in subsection (b), the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Secretary of Labor, shall
discontinue using Social Security account numbers to identify
individuals in all information systems of the Department of
Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social
Security account number to identify an
[[Page H10214]]
individual in an information system of the Department of
Veterans Affairs if and only if the use of such number is
required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the
Secretary.
(c) The matter in subsections (a) and (b) shall supersede
section 238 of division F of Public Law 116-94.
Sec. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024 for ``Medical
Services'', section 239 of division A of Public Law 114-223
shall apply.
Sec. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 240. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2023 and fiscal year
2024 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 258 of
division A of Public Law 114-223 shall apply.
Sec. 243. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records,
documents, or other materials available to the department or
agency over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.), or
to prevent or impede the access of the Inspector General to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to such Inspector General and expressly limits the
right of access.
(b) A department or agency covered by this section shall
provide its Inspector General access to all records,
documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives within 5 calendar days of any failure by any
department or agency covered by this section to comply with
this requirement.
Sec. 244. None of the funds made available in this Act may
be used in a manner that would increase wait times for
veterans who seek care at medical facilities of the
Department of Veterans Affairs.
Sec. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration
may be used in fiscal year 2023 to convert any program which
received specific purpose funds in fiscal year 2022 to a
general purpose funded program unless the Secretary of
Veterans Affairs submits written notification of any such
proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an
approval is issued by the Committees.
Sec. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and 2024, section 248 of
division A of Public Law 114-223 shall apply.
Sec. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research
commencing on or after October 1, 2019, that uses any canine,
feline, or non-human primate unless the Secretary of Veterans
Affairs approves such research specifically and in writing
pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the
conduct of research commencing on or after October 1, 2019,
using canines, felines, or non-human primates if the
Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the
commencement of such research, the Secretary shall submit to
the Committees on Appropriations of the Senate and House of
Representatives a report describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such research
could only be met using canines, felines, or non-human
primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research.
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall
submit to such Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human
primates as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) The Department shall implement a plan under which the
Secretary will eliminate or reduce the research conducted
using canines, felines, or non-human primates by not later
than 5 years after the date of enactment of Public Law 116-
94.
Sec. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this
title to ensure that the ratio of veterans to full-time
employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code,
does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31
of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 249. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or
any other Act for fiscal years 2023 and 2024 may be used for
expenses that would otherwise be payable from the Veterans
Choice Fund established by section 802 of the Veterans
Access, Choice, and Accountability Act, as amended (38 U.S.C.
1701 note).
Sec. 250. Obligations and expenditures applicable to the
``Medical Services'' account in fiscal years 2017 through
2019 for aid to state homes (as authorized by section 1741 of
title 38, United States Code) shall remain in the ``Medical
Community Care'' account for such fiscal years.
Sec. 251. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2023, in this or any
other Act, under the ``Veterans Health Administration--
Medical Services'', ``Veterans Health Administration--Medical
Community Care'', ``Veterans Health Administration--Medical
Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $840,446,000
shall be made available for gender-specific care and
programmatic efforts to deliver care for women veterans.
Sec. 252. Of the unobligated balances available in fiscal
year 2023 in the ``Recurring Expenses Transformational Fund''
established in section 243 of division J of Public Law 114-
113, and in addition to any funds otherwise made available
for such purposes in this, prior, or subsequent fiscal years,
the following amounts shall be available for the following
purposes during the period of availability of the Fund:
(1) $804,510,000, for constructing, altering, extending,
and improving medical facilities of the Veterans Health
Administration, including all supporting activities and
required contingencies;
(2) $88,490,000, for facilities improvements at existing
medical facilities of the Veterans Health Administration; and
(3) $75,000,000, for the deployment, upgrade, or
installation of infrastructure or equipment to support goals
established in Executive Order 14057:
Provided, That prior to obligation of any of the funds
provided in this subsection, the Secretary of Veterans
Affairs must provide a plan for the execution of the funds
appropriated in this subsection to the Committees on
Appropriations of both Houses of Congress and such Committees
issue an approval, or absent a response, a period of 30 days
has elapsed: Provided further, That funds may be reprogrammed
among the three purposes subject to the Secretary of Veterans
Affairs providing a request with the amount and purpose of
the reprogramming to the Committees on Appropriations of both
Houses of Congress and such Committees issuing an approval,
or absent a response, a period of 30 days has elapsed.
Sec. 253. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report on the status of the ``Veterans
Medical Care and Health Fund'', established to execute
section 8002 of the American Rescue Plan Act of 2021 (Public
Law 117-2): Provided, That, at a minimum, the report shall
include an update on obligations by program, project or
activity and a plan for expending the remaining funds:
Provided further, That the Secretary of Veterans Affairs must
submit notification of any plans to reallocate funds from the
current apportionment categories of ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Medical Community Care'', or ``Medical and Prosthetic
Research'', including the amount and purpose of each
reallocation to the Committees on Appropriations of both
Houses of Congress and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed.
Sec. 254. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b)
of title 38, United
[[Page H10215]]
States Code, between October 1, 2017 and September 30, 2018
for purposes of carrying out an order placed with the
Department of Veterans Affairs pursuant to section 1535 of
title 31, United States Code, that are available for
obligation pursuant to section 7364(b)(1) of title 38, United
States Code, are to remain available for the liquidation of
valid obligations incurred by such corporation during the
period of performance of such order, provided that the
Secretary of Veterans Affairs determines that such amounts
need to remain available for such liquidation.
(rescissions of funds)
Sec. 255. Of the unobligated balances available to the
Department of Veterans Affairs from prior appropriations
Acts, the following funds are hereby rescinded from the
following accounts in the amounts specified:
``Asset and Infrastructure Review'', $5,000,000;
``Departmental Administration--Veterans Electronic Health
Record'', $150,000,000; and
``Departmental Administration--Construction, Major
Projects'', $76,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 256. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs hospitals,
domiciliaries, or clinics, conduct an environmental
assessment, or to diminish healthcare services at existing
Veterans Health Administration medical facilities as part of
a planned realignment of services until the Secretary
provides to the Committees on Appropriations of both Houses
of Congress a report including an analysis of how any such
planned realignment of services will impact access to care
for veterans living in rural or highly rural areas, including
travel distances and transportation costs to access a
Department medical facility and availability of local
specialty and primary care.
(rescission of funds)
Sec. 257. Of the unobligated balances in the ``Recurring
Expenses Transformational Fund'' established in section 243
of division J of Public Law 114-113, $90,874,000 is hereby
rescinded.
Sec. 258. Unobligated balances available under the
headings ``Construction, Major Projects'' and ``Construction,
Minor Projects'' may be obligated by the Secretary of
Veterans Affairs for a facility pursuant to section 2(e)(1)
of the Communities Helping Invest through Property and
Improvements Needed for Veterans Act of 2016 (Public Law 114-
294; 38 U.S.C. 8103 note), as amended, to provide additional
funds or to fund an escalation clause under such section of
such Act: Provided, That before such unobligated balances are
obligated pursuant to this section, the Secretary of Veterans
Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to obligate such
unobligated balances and such Committees issue an approval,
or absent a response, a period of 30 days has elapsed:
Provided further, That the request to obligate such
unobligated balances must provide Congress notice that the
entity described in section 2(a)(2) of Public Law 114-294, as
amended, has exhausted available cost containment approaches
as set forth in the agreement under section 2(c) of such
Public Law.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$15,000 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$46,900,000: Provided, That $3,385,000 shall be available for
the purpose of providing financial assistance as described
and in accordance with the process and reporting procedures
set forth under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $2,000 for official
reception and representation expenses, $93,400,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2025. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and
construction at Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, $62,500,000, to remain
available until expended, of which $2,500,000 shall be for
study, planning and design, and architect and engineering
services for Memorial Avenue improvements at Arlington
National Cemetery; and $60,000,000 shall be for planning and
design and construction associated with the Southern
Expansion project at Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$75,360,000, to remain available until September 30, 2024, of
which $7,300,000 shall remain available until expended for
construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of
Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available
under this heading from funds available in the Armed Forces
Retirement Home Trust Fund, $25,000,000 shall be paid from
the general fund of the Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to
design, planning, and construction for renovation of the
Sheridan Building at the Armed Forces Retirement Home--
Washington, District of Columbia, $77,000,000, to remain
available until expended, shall be paid from the general fund
of the Treasury to the Armed Forces Retirement Home Trust
Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account
established under 10 U.S.C. 7727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 404. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 406. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
[[Page H10216]]
Sec. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10,
United States Code.
Sec. 412. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2023''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
Department of State
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,463,159,000,
of which $844,418,000 may remain available until September
30, 2024, and of which up to $3,813,707,000 may remain
available until expended for Worldwide Security Protection:
Provided, That funds made available under this heading shall
be allocated in accordance with paragraphs (1) through (4),
as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948 (62 Stat.
11; Chapter 36), $3,420,898,000, of which up to $684,767,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,841,831,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation, and
disarmament activities as authorized, $1,043,372,000.
(4) Security programs.--For necessary expenses for security
activities, $3,157,058,000, of which up to $3,128,940,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading for
Worldwide Security Protection, not to exceed $50,000,000 may
be transferred to, and merged with, funds made available by
this Act under the heading ``Emergencies in the Diplomatic
and Consular Service'', to be available only for emergency
evacuations and rewards, as authorized: Provided, That the
exercise of the authority provided by this subparagraph shall
be subject to prior consultation with the Committees on
Appropriations.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading shall be made
available to support the activities of the Ambassador-at-
Large for the Arctic Region, as described in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(E) Of the amount made available under this heading, up to
$75,000,000 may be transferred to, and merged with, funds
made available in title I of this Act under the heading
``Capital Investment Fund'': Provided, That the exercise of
the authority provided by this subparagraph shall be subject
to prior consultation with the Committees on Appropriations.
(F) The eleventh proviso under the heading ``Diplomatic and
Consular Programs'' in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(title I of division J of Public Law 110-161) is amended by
inserting ``and for expenses of rewards programs'' after
``for rewards payments''.
(G) Consistent with section 204 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to
$25,000,000 of the amounts made available under this heading
may be obligated and expended for United States participation
in international fairs and expositions abroad, including for
construction and operation of a United States pavilion at
Expo 2025.
(H) Of the funds appropriated under this heading, not less
than $2,000,000 shall be made available for a grant to a
postsecondary educational institution for the purpose of
establishing a program to increase the participation of
undergraduate students in the Foreign Service, as authorized
by section 150 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2719): Provided, That
such grant program shall hereafter be named the ``Nancy
Pelosi Fellowship Program''.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$98,500,000, of which $14,775,000 may remain available until
September 30, 2024: Provided, That funds appropriated under
this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for
Afghanistan Reconstruction (SIGAR) for reconstruction
oversight, $35,200,000, to remain available until September
30, 2024: Provided, That funds appropriated under this
heading that are made available for the printing and
reproduction costs of SIGAR shall not exceed amounts for such
costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $777,500,000, to remain available
until expended, of which not less than $287,500,000 shall be
for the Fulbright Program and not less than $115,000,000
shall be for Citizen Exchange Program: Provided, That fees or
other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That funds
appropriated under this heading that are made available for
the Benjamin Gilman International Scholarships Program shall
also be made available for the John S. McCain Scholars
Program, pursuant to section 7075 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That
funds appropriated under this heading shall be made available
for the Arctic Exchange Program: Provided further, That any
substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable
the Secretary of State to provide for extraordinary
protective services, as authorized, $30,890,000, to remain
available until September 30, 2024.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that
are owned or leased by the Department of State, and
renovating, in addition to funds otherwise available, the
Harry S Truman Building, $902,615,000, to remain available
until September 30, 2027, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies
of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,055,206,000,
to remain available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $8,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account''.
[[Page H10217]]
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $4,753,048.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $34,083,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,438,000,000, of
which $96,240,000 may remain available until September 30,
2024: Provided, That the Secretary of State shall, at the
time of the submission of the President's budget to Congress
under section 1105(a) of title 31, United States Code,
transmit to the Committees on Appropriations the most recent
biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the
Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United
Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere
in the United Nations budget: Provided further, That any
payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States
and the respective international organization and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $1,481,915,000, of which $740,958,000 may remain
available until September 30, 2024: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to hold accountable individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the website of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds shall
be available for peacekeeping expenses unless the Secretary
of State determines that United States manufacturers and
suppliers are not being given opportunities to provide
equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping
mission that will involve United States Armed Forces under
the command or operational control of a foreign national,
unless the President's military advisors have submitted to
the President a recommendation that such involvement is in
the national interest of the United States and the President
has submitted to Congress such a recommendation: Provided
further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$57,935,000, of which $8,690,000 may remain available until
September 30, 2024.
construction
For detailed plan preparation and construction of
authorized projects, $53,030,000, to remain available until
expended, as authorized: Provided, That of the funds
appropriated under this heading in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs for the United States
Section, up to $5,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States
Section, which shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided further, That such transfer
authority is in addition to any other transfer authority
provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for technical assistance grants and the
Community Assistance Program of the North American
Development Bank, $16,204,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, up to $1,250,000 may remain available until
September 30, 2024, and up to $9,000 may be made available
for representation expenses: Provided further, That of the
amount provided under this heading for the International
Boundary Commission, up to $1,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $65,719,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out
international communication activities, and to make and
supervise grants for radio, Internet, and television
broadcasting to the Middle East, $875,000,000, of which
$43,750,000 may remain available until September 30, 2024:
Provided, That in addition to amounts otherwise available for
such purposes, up to $60,708,000 of the amount appropriated
under this heading may remain available until expended for
satellite transmissions and Internet freedom programs, of
which not less than $40,000,000 shall be for Internet freedom
programs: Provided further, That of the total amount
appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be
used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That funds appropriated under this heading
shall be allocated in accordance with the table included
under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That notwithstanding the
previous proviso, funds may be reprogrammed within and
between amounts designated in such table, subject to the
regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce
a designated amount by more than 5 percent: Provided further,
That funds appropriated under this heading shall be made
available in accordance with the principles and standards set
forth in section 303(a) and (b) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) and
section 305(b) of such Act (22 U.S.C. 6204): Provided
further, That the USAGM Chief Executive Officer shall notify
the Committees on Appropriations within 15 days of any
determination by the USAGM that any of its broadcast
entities, including its grantee organizations, provides an
open platform for international terrorists or those who
support international terrorism, or is in violation of the
principles and standards set forth in section 303(a) and (b)
of such Act or the entity's journalistic code of ethics:
Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision
of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in
[[Page H10218]]
receipts from cooperating international organizations, and up
to $1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes: Provided further, That significant
modifications to USAGM broadcast hours previously justified
to Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and
television), for all USAGM language services shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $5,000,000 from
the USAGM Buying Power Maintenance account may be transferred
to, and merged with, funds appropriated by this Act under the
heading ``International Broadcasting Operations'', which
shall remain available until expended: Provided further, That
such transfer authority is in addition to any transfer
authority otherwise available under any other provision of
law and shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $22,000,000, to remain
available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $55,000,000, to remain
available until September 30, 2024, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2023, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2023, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2023, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $315,000,000,
to remain available until expended, of which $205,632,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $109,368,000 shall be
for democracy programs: Provided, That the requirements of
section 7062(a) of this Act shall not apply to funds made
available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $819,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2023:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $3,500,000, to remain available until
September 30, 2024, including not more than $4,000 for
representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,908,000, including not more than
$6,000 for representation expenses, to remain available until
September 30, 2024.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,300,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2024.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2024: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2023 and shall apply to funds appropriated under this
heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,743,350,000, of which up to $261,503,000 may remain
available until September 30, 2024: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through the following fiscal year: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ``Operating Expenses''
in accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available
under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses,
and not to exceed $100,500 shall be for official residence
expenses, for USAID during the current fiscal year: Provided
further, That of the funds appropriated under this heading,
up to $20,000,000 may be transferred to, and merged with,
funds appropriated or otherwise made available in title II of
this Act under the heading ``Capital Investment Fund'',
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $259,100,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$80,500,000, of which up to $12,075,000 may remain available
until September 30, 2024, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $4,165,950,000, to
remain available until September 30, 2024, and which
[[Page H10219]]
shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to
unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive
health: Provided further, That funds appropriated under this
paragraph may be made available for United States
contributions to The GAVI Alliance and to a multilateral
vaccine development partnership to support epidemic
preparedness: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available under
this Act may be used to pay for the performance of abortion
as a method of family planning or to motivate or coerce any
person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of
the Foreign Assistance Act of 1961: Provided further, That
none of the funds made available under this Act may be used
to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of
family planning acceptors, or acceptors of a particular
method of family planning (this provision shall not be
construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota
of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this
or any other Act authorizing or appropriating funds for the
Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $6,395,000,000, to remain available until September 30,
2027, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund): Provided further, That the amount of such contribution
shall be $2,000,000,000: Provided further, That up to 5
percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2023 may be made available to
USAID for technical assistance related to the activities of
the Global Fund, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph,
up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $4,368,613,000, to remain available until September 30,
2024: Provided, That funds made available under this heading
shall be apportioned to the United States Agency for
International Development.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $3,905,460,000, to remain
available until expended: Provided, That funds made available
under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days
after the date of enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, and to support transition to
democracy and long-term development of countries in crisis,
$80,000,000, to remain available until expended: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new,
or terminating a, program of assistance: Provided further,
That if the Secretary of State determines that it is
important to the national interest of the United States to
provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the
funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable
to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with
the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of
section 509(b) of the Global Fragility Act of 2019 (title V
of division J of Public Law 116-94), $60,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading may be made available notwithstanding any
other provision of law, except sections 7007, 7008, and 7018
of this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this
heading shall be apportioned to the United States Agency for
International Development.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$4,301,301,000, to remain available until September 30, 2024.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$222,450,000, to remain available until September 30, 2024,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated
under this heading that are made available to the National
Endowment for Democracy and its core institutes are in
addition to amounts otherwise made available by this Act for
such purposes: Provided further, That the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of State,
shall consult with the Committees on Appropriations prior to
the initial obligation of funds appropriated under this
paragraph.
For an additional amount for such purposes, $133,250,000,
to remain available until September 30, 2024, which shall be
made available for the Bureau for Development, Democracy, and
Innovation, United States Agency for International
Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
[[Page H10220]]
$500,334,000, to remain available until September 30, 2024,
which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the
SEED Act of 1989 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes: Provided, That funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be
administered in accordance with the responsibilities of the
coordinator designated pursuant to section 102 of the FREEDOM
Support Act and section 601 of the SEED Act of 1989: Provided
further, That funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance: Provided further, That funds
appropriated under this heading may be made available for
contributions to multilateral initiatives to counter hybrid
threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962 (22 U.S.C. 2601), and other activities to meet
refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service
Act of 1980 (22 U.S.C. 3901 et seq.); allowances as
authorized by sections 5921 through 5925 of title 5, United
States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United
States Code, $2,912,188,000, to remain available until
expended, of which $5,000,000 shall be made available for
refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(c)), $100,000, to remain available until
expended: Provided, That amounts in excess of the limitation
contained in paragraph (2) of such section shall be
transferred to, and merged with, funds made available by this
Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$430,500,000, of which $7,300,000 is for the Office of
Inspector General, to remain available until September 30,
2024: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That in addition to the
requirements under section 7015(a) of this Act, the Peace
Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic
or overseas office or a country program unless there is a
substantial risk to volunteers or other Peace Corps
personnel: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $930,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $130,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That section 605(e) of the MCA (22 U.S.C. 7704(e))
shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA (22 U.S.C.
7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided
further, That of the funds appropriated under this heading,
not to exceed $100,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$47,000,000, to remain available until September 30, 2024:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $45,000,000, to remain available until September
30, 2024, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$38,000,000, to remain available until expended, of which not
more than $9,500,000 may be used for administrative expenses:
Provided, That amounts made available under this heading may
be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961,
without regard to the location in which such services are
performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the
Treasury--Debt Restructuring'' there is appropriated
$52,000,000, to remain available until September 30, 2026,
for the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees
for, or credits extended to, such countries as the President
may determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to
multilateral debt restructurings, including Paris Club debt
restructurings and the ``Common Framework for Debt Treatments
beyond the Debt Service Suspension Initiative'': Provided,
That such amounts may be used notwithstanding any other
provision of law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for
programs within the International Affairs Budget Function
150, including the costs of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to eligible countries pursuant to part V of the
Foreign Assistance Act of 1961, $20,000,000, to remain
available until September 30, 2026.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,391,004,000, to remain
available until September 30, 2024: Provided, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial
authorities, utilizing regional partners: Provided further,
That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds made
[[Page H10221]]
available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the
notification requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$921,000,000, to remain available until September 30, 2024,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763),
or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities,
notwithstanding any other provision of law, including
activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$460,759,000, of which $330,000,000 may remain available
until September 30, 2024: Provided, That funds appropriated
under this heading may be used, notwithstanding section 660
of the Foreign Assistance Act of 1961, to provide assistance
to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated
under this heading, not less than $25,000,000 shall be made
available for a United States contribution to the
Multinational Force and Observers mission in the Sinai:
Provided further, That funds appropriated under this heading
may be made available to pay assessed expenses of
international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds
appropriated by this Act under the heading ``Contributions
for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be
subject to the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$112,925,000, to remain available until September 30, 2024:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds
appropriated under this heading, $3,000,000 shall remain
available until expended to increase the participation of
women in programs and activities funded under this heading,
following consultation with the Committees on Appropriations:
Provided further, That of the funds appropriated under this
heading, not to exceed $50,000 may be available for
entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763), $6,053,049,000: Provided, That
to expedite the provision of assistance to foreign countries
and international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
funds appropriated or otherwise made available under this
heading shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall
be obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided
further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided
further, That a country that is a member of the North
Atlantic Treaty Organization (NATO) or is a major non-NATO
ally designated by section 517(b) of the Foreign Assistance
Act of 1961 may utilize funds made available under this
heading for procurement of defense articles, defense
services, or design and construction services that are not
sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under
this heading shall be expended at the minimum rate necessary
to make timely payment for defense articles and services:
Provided further, That not more than $70,000,000 of the funds
appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor
vehicles for replacement only for use outside of the United
States, for the general costs of administering military
assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of
the funds made available under this heading for general costs
of administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $1,253,810,229 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2023 pursuant to section 43(b) of the Arms Export
Control Act (22 U.S.C. 2792(b)), except that this limitation
may be exceeded only through the regular notification
procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961,
$508,600,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund: Provided further, That not
later than 60 days after the date of enactment of this Act,
such funds shall be made available for core contributions for
each entity listed in the table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) unless
otherwise provided for in this Act, or if the Secretary of
State has justified to the Committees on Appropriations the
proposed uses of funds other than for core contributions
following prior consultation with, and subject to the regular
notification procedures of, such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $150,200,000, to
remain available until expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund,
$125,000,000, to remain available until expended: Provided,
That up to $125,000,000 of such amount shall be available to
cover costs, as defined in section 502 of the Congressional
Budget Act of 1974, of direct loans issued to the Clean
Technology Fund: Provided further, That such funds are
available to subsidize gross obligations for the principal
amount of direct loans without limitation.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $206,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,430,256,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$43,610,000, to remain available until expended.
[[Page H10222]]
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increases in capital stock,
$54,648,752, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of increases in
capital stock in an amount not to exceed $856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $171,300,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $43,000,000, to
remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security
Program by the Secretary of the Treasury, $10,000,000, to
remain available until expended.
contributions to the international monetary fund facilities and trust
funds
For contribution by the Secretary of the Treasury to the
Poverty Reduction and Growth Trust or the Resilience and
Sustainability Trust of the International Monetary Fund,
$20,000,000, to remain available until September 30, 2031.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $7,500,000, of which up to
$1,125,000 may remain available until September 30, 2024.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$125,000,000, of which up to $18,750,000 may remain available
until September 30, 2024: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) of such section shall
remain in effect until September 30, 2023: Provided further,
That the Bank shall charge fees for necessary expenses
(including special services performed on a contract or fee
basis, but not including other personal services) in
connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets
acquired by the Bank in satisfaction of moneys owed the Bank,
or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of
any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided
further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this
account for such purposes, to remain available until
expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as amended, not to exceed
$15,000,000, to remain available until September 30, 2026:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
funds shall remain available until September 30, 2038, for
the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2023 through
2026.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $5,583,000, to remain available
until September 30, 2024.
corporate capital account
The United States International Development Finance
Corporation (the Corporation) is authorized to make such
expenditures and commitments within the limits of funds and
borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary
expenses of the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018
(division F of Public Law 115-254) and for administrative
expenses to carry out authorized activities and project-
specific transaction costs described in section 1434(d) of
such Act, $1,000,000,000: Provided further, That of the
amount provided--
(1) $220,000,000 shall remain available until September 30,
2025, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act; and
(2) $780,000,000 shall remain available until September 30,
2025, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain
available for disbursement for the term of the underlying
project: Provided further, That amounts made available under
this paragraph may be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant
to section 1421(g) of the BUILD Act of 2018 subject to prior
consultation with the appropriate congressional committees
and the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
for support by the Corporation in upper-middle income
countries shall be subject to prior consultation with the
Committees on Appropriations: Provided further, That in
fiscal year 2023 collections of amounts described in section
1434(h) of the BUILD Act of 2018 shall be credited as
offsetting collections to this appropriation: Provided
further, That such collections collected in fiscal year 2023
in excess of $1,000,000,000 shall be credited to this account
and shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided
further, That in fiscal year 2023, if such collections are
less than $1,000,000,000, receipts collected pursuant to the
BUILD Act of 2018 and the Federal Credit Reform Act of 1990,
in an amount equal to such shortfall, shall be credited as
offsetting collections to this appropriation: Provided
further, That funds appropriated or otherwise made available
under this heading may not be used to provide any type of
assistance that is otherwise prohibited by any other
provision of law or to provide assistance to any foreign
country that is otherwise prohibited by any other provision
of law: Provided further, That the sums herein appropriated
from the General Fund shall be reduced on a dollar-for-dollar
basis by the offsetting collections described under this
heading so as to result in a final fiscal year appropriation
from the General Fund estimated at $588,000,000.
program account
Amounts paid from ``United States International Development
Finance Corporation--Corporate Capital Account'' (CCA) shall
remain available until September 30, 2025: Provided, That
amounts paid to this account from CCA or transferred to this
account pursuant to section 1434(j) of the BUILD Act of 2018
(division F of Public Law 115-254) shall be available for the
costs of direct and guaranteed loans provided by the
Corporation pursuant to section 1421(b) of such Act and the
costs of modifying loans and loan guarantees transferred to
the Corporation pursuant to section 1463 of such Act:
Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal years:
Provided further, That funds made available in this Act and
transferred to carry out the Foreign Assistance Act of 1961
pursuant to section 1434(j) of the BUILD Act of 2018 may
remain available for obligation for 1 additional fiscal year:
Provided further, That the total loan principal or guaranteed
principal amount shall not exceed $8,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance
[[Page H10223]]
Act of 1961, $87,000,000, to remain available until September
30, 2024, of which no more than $21,000,000 may be used for
administrative expenses: Provided, That of the funds
appropriated under this heading, not more than $5,000 may be
available for representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2023 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting service through
procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued
pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act), as amended by section 111 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323),
a project to construct a facility of the United States may
include office space or other accommodations for members of
the United States Marine Corps.
(b) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2023,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in House
Report 117-401.
(c) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical
security upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance''
may be made available for security upgrades to soft targets,
including schools, recreational facilities, and residences
used by United States diplomatic personnel and their
dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made
available to carry out the provisions of section 316 of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated
or otherwise made available pursuant to titles III through VI
of this Act shall be obligated or expended to finance
directly any assistance to the government of any country
whose duly elected head of government is deposed by military
coup d'etat or decree or, after the date of enactment of this
Act, a coup d'etat or decree in which the military plays a
decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and
reports to the appropriate congressional committees that
subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That
the provisions of this section shall not apply to assistance
to promote democratic elections or public participation in
democratic processes, or to support a democratic transition:
Provided further, That funds made available pursuant to the
previous provisos shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation
with the heads of relevant Federal agencies, may waive the
restriction in this section on a program-by-program basis if
the Secretary certifies and reports to the Committees on
Appropriations that such waiver is in the national security
interest of the United States: Provided, That funds made
available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency
for Global Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and
Consular Service'' in this Act may be transferred to, and
merged with, funds appropriated under such headings if the
Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to
security situations and requirements, following consultation
with, and subject to the regular notification procedures of,
such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in
this Act and under any other provision of law.
(2) United states agency for global media.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Agency for Global Media
under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961, and
section 1434(j) of the BUILD Act of 2018 (division F of
Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act
[[Page H10224]]
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
headings ``Global Health Programs'', ``Development
Assistance'', ``Economic Support Fund'', and ``Assistance for
Europe, Eurasia and Central Asia'' shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided, That the requirement in the
previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(c) United States International Development Finance
Corporation.--
(1) Transfers.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) may only be transferred from funds made available
under title III of this Act: Provided, That any such
transfers, and any amounts transferred to the United States
International Development Finance Corporation (the
Corporation) pursuant to section 632 of the Foreign
Assistance Act of 1961, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided further, That
the Secretary of State, the Administrator of the United
States Agency for International Development, and the Chief
Executive Officer of the Corporation, as appropriate, shall
ensure that the programs funded by such transfers are
coordinated with, and complement, foreign assistance programs
implemented by the Department of State and USAID: Provided
further, That no funds transferred pursuant to section
1434(j) of the BUILD Act of 2018 may be used by the
Corporation to post personnel abroad.
(2) Transfer of funds from millennium challenge
corporation.--Funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be transferred
to accounts under the heading ``United States International
Development Finance Corporation'' and, when so transferred,
may be used for the costs of activities described in
subsections (b) and (c) of section 1421 of the BUILD Act of
2018: Provided, That such funds shall be subject to the
limitations provided in the second, third, and fifth provisos
under the heading ``United States International Development
Finance Corporation--Program Account'' in this Act: Provided
further, That any transfer executed pursuant to the transfer
authority provided in this paragraph shall not exceed 10
percent of an individual Compact awarded pursuant to section
609(a) of the Millennium Challenge Act of 2003 (title VI of
Public Law 108-199): Provided further, That such funds shall
not be available for administrative expenses of the United
States International Development Finance Corporation:
Provided further, That such authority shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That within 60 days of the termination
in whole or in part of the Compact from which funds were
transferred under this authority to the United States
International Development Finance Corporation, any
unobligated balances shall be transferred back to the
Millennium Challenge Corporation, subject to the regular
notification procedures of the Committees on Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961, or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit websites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, Tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act shall be available to promote the
sale or export of tobacco or tobacco products (including
electronic nicotine delivery systems), or to seek the
reduction or removal by any foreign country of restrictions
on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for
restrictions which are not applied equally to all tobacco or
tobacco products (including electronic nicotine delivery
systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the
funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II that are made available to the Department
of State and the United States Agency for International
Development may be made available to support the use or
establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program in contravention of the Presidential and Federal
Records Act Amendments of 2014 (Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each
Federal department, agency, or entity funded in titles I or
II of this Act, and the Department of the Treasury and
independent agencies funded in titles III or VI of this Act,
shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official
agency business and United States foreign policy interests,
and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the
funds appropriated or otherwise made available by this Act
under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' may be obligated or expended to
pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United
States International Development Finance Corporation'' and
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds
made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State and the
Administrator of the United States Agency for International
Development shall provide a report to the Committees on
Appropriations not later than October 31, 2023, detailing by
account and source year, the use of this authority during the
previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is
[[Page H10225]]
to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall
be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State and the Administrator
of the United States Agency for International Development
shall expeditiously seek to negotiate amendments to existing
bilateral agreements, as necessary, to conform with this
requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2023 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2024 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2024, such taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I, II, and VI, and under the headings ``Peace
Corps'' and ``Millennium Challenge Corporation'', of this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain
available for obligation in fiscal year 2023, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer,
to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I, II, and VI of this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under such titles that remain available
for obligation in fiscal year 2023, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the department and agency
funded under title I of this Act, shall be available for
obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Peace Corps'', ``Millennium Challenge
Corporation'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'',
``International Military Education and Training'', ``Foreign
Military Financing Program'', ``International Organizations
and Programs'', ``United States International Development
Finance Corporation'', and ``Trade and Development Agency''
shall be available for obligation for programs, projects,
activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter into
any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for a program, project,
or activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount
previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year:
Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the
use of notwithstanding authority.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the
[[Page H10226]]
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same
conditions as other committees pursuant to subsection (f) of
that section: Provided, That before issuing a letter of offer
to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9)
of the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided, That
in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but
in no event later than 3 days after taking the action to
which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon,
Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian
Federation, Rwanda, Somalia, South Sudan, Sri Lanka, Sudan,
Syria, Tunisia, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall
include the information specified under this section in House
Report 117-401.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that
are made available for lateral entry into the Foreign Service
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of
the Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted pursuant to
the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the Multi-
Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the Countering
Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the Partnership for
Global Infrastructure and Investment.
(3) Democracy program policy and procedures.--Modifications
to democracy program policy and procedures, including
relating to the use of consortia, by the Department of State
and USAID shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(4) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776), and such documents submitted
pursuant to section 36(b) through (d) of such Act with
respect to countries that have received assistance provided
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall be concurrently
submitted to the Committees on Appropriations and shall
include information about the source of funds for any sale or
transfer, as applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Prior Consultation Requirement.--The Secretary of
State, the Administrator of the United States Agency for
International Development, the Chief Executive Officer of the
United States International Development Finance Corporation,
and the Chief Executive Officer of the Millennium Challenge
Corporation shall consult with the Committees on
Appropriations at least 7 days prior to informing a
government of, or publicly announcing a decision on, the
suspension or early termination of assistance to a country or
a territory, including as a result of an interagency review
of such assistance, from funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs: Provided, That such
consultation shall include a detailed justification for such
suspension, including a description of the assistance being
suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to
provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of
State and the United States Agency for International
Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any
report required by this Act to be submitted to Congress by
any Federal agency receiving funds made available by this Act
shall be posted on the public Web site of such agency not
later than 45 days following the receipt of such report by
Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the public posting of the report would compromise
national security, including the conduct of diplomacy;
(B) the report contains proprietary or other privileged
information; or
(C) the public posting of the report is specifically
exempted in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(c) Records Management and Related Cybersecurity
Protections.--The Secretary of State and USAID Administrator
shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received
in the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal
records management pursuant to the Federal Records Act (44
U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving
Federal records, including requests made pursuant to section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available in the amounts specifically
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act):
[[Page H10227]]
Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts
for such countries and international organizations
transmitted to Congress in the report required by section
653(a) of the Foreign Assistance Act of 1961, and shall be
made available for such foreign countries and international
organizations notwithstanding the date of the transmission of
such report.
(b) Authorized Deviations.--Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of
the United States Agency for International Development, as
applicable, may only deviate up to 10 percent from the
amounts specifically designated in the respective tables
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided, That such percentage may be exceeded only if
the Secretary of State or USAID Administrator, as applicable,
determines and reports in writing to the Committees on
Appropriations on a case-by-case basis that such deviation is
necessary to respond to significant, exigent, or unforeseen
events, or to address other exceptional circumstances
directly related to the national security interest of the
United States, including a description of such events or
circumstances: Provided further, That deviations pursuant to
the preceding proviso shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, deviations authorized by subsection (b) may only take
place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(B) funds for which the initial period of availability has
expired; and
(C) amounts designated by this Act as minimum funding
requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall not
apply to the table included under the heading ``Global Health
Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), the matter preceding the first proviso in
subsection (b) of this section shall be applied by
substituting ``5 percent'' for ``10 percent'', and the
provisos in such subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit
the reports required, in the manner described, in House
Report 117-401 and the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), unless otherwise directed in such
explanatory statement.
(f) Clarification.--Funds appropriated by this Act under
the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall not be included
for purposes of meeting amounts designated for countries in
this Act, unless such headings are specifically designated as
the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise
made available by this Act may be used to make any pledge for
future year funding for any multilateral or bilateral program
funded in titles III through VI of this Act unless such
pledge was: (1) previously justified, including the projected
future year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress; (3) notified
in accordance with the regular notification procedures of the
Committees on Appropriations, including the projected future
year costs; or (4) the subject of prior consultation with the
Committees on Appropriations and such consultation was
conducted at least 7 days in advance of the pledge.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section
1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)): Provided, That the prohibition under this section
with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a
contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers the United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act, ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', and ``Foreign Military Financing
Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central
program level funding within each such account, and for the
development assistance accounts of the United States Agency
for International Development, ``program, project, and
activity'' shall also be considered to include central,
country, regional, and program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign
Assistance Act of 1961 or as modified pursuant to section
7019 of this Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities
in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and
report to such Committees within 15 days of taking such
action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
United States International Development Finance Corporation
shall be obligated or expended to finance any loan, any
assistance, or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding
[[Page H10228]]
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in
connection with the growth or production in a foreign country
of an agricultural commodity for export which would compete
with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution, using funds appropriated or
otherwise made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this
assistance, including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter
any existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2023, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant
to this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
disability programs
Sec. 7028. (a) Assistance.--Funds appropriated by this Act
under the heading ``Development Assistance'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports,
political and electoral participation, and integration of
individuals with disabilities, including for the cost of
translation: Provided, That funds shall be made available to
support disability rights advocacy organizations in
developing countries.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may
be used by USAID for management, oversight, and technical
support.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to encourage such institution to adopt and
implement a publicly available policy, including the
strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants,
programs, and significant analytical non-lending activities
in advancing the institution's goals of reducing poverty and
promoting equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International
Bank for Reconstruction and Development and the International
Development Association to use the voice and vote of the
United States to oppose any loan, grant, policy, or strategy
if such institution has adopted and is implementing any
social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial
institution to use the voice and vote of the United States to
oppose loans or other financing for projects unless such
projects--
(A) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and
on-site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior and informed consent of affected Indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate
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provided for an individual occupying a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to promote human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution in
accordance with the requirements specified under this section
in House Report 117-401.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the
United States to include in loan, grant, and other financing
agreements improvements in borrowing countries' financial
management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage such institution to
collect, verify, and publish, to the maximum extent
practicable, beneficial ownership information (excluding
proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that
receives funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to use the voice
of the United States to encourage such institution to
effectively implement and enforce policies and procedures
which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to support
independent investigative and adjudicative mechanisms and
procedures that meet or exceed best practices in the United
States to provide due process and fair compensation,
including the right to reinstatement, for employees who are
subjected to harassment, discrimination, retaliation, false
allegations, or other misconduct.
(i) Capital Increases.--None of the funds appropriated by
this Act may be made available to support a new capital
increase for an international financial institution unless
the President submits a budget request for such increase to
Congress and determines and reports to the Committees on
Appropriations that--
(1) the institution has completed a thorough analysis of
the development challenges facing the relevant geographical
region, the role of the institution in addressing such
challenges and its role relative to other financing partners,
and the steps to be taken to enhance the efficiency and
effectiveness of the institution; and
(2) the governors of such institution have approved the
capital increase.
technology security
Sec. 7030. (a) Insecure Communications Networks.--Funds
appropriated by this Act shall be made available for
programs, including through the Digital Connectivity and
Cybersecurity Partnership, to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance
under this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying
open, interoperable, reliable, and secure networks to
information communication technology professionals in
countries receiving assistance under this Act, as
appropriate:
Provided, That such funds, including funds appropriated under
the heading ``Economic Support Fund'', may be used to
strengthen civilian cybersecurity and information and
communications technology capacity, including participation
of foreign law enforcement and military personnel in non-
military activities, notwithstanding any other provision of
law and following consultation with the Committees on
Appropriations.
(b) CHIPS for America International Technology Security and
Innovation Fund.--
(1) Within 45 days of enactment of this Act, the Secretary
of State shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS)
for America International Technology Security and Innovation
Fund for fiscal year 2023 pursuant to the transfer authority
in section 102(c)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the accounts specified and in the
amounts specified, in the table titled ``CHIPS for America
International Technology Security and Innovation Fund'' in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(2) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(c)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of
a fiscal year for the Department of State, Foreign
Operations, and Related Programs: Provided, That in any
fiscal year, the matter preceding this proviso shall not
apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated
using funds transferred from the CHIPS for America
International Technology Security and Innovation Fund, which
may be allocated pursuant to the transfer authority in
section 102(c)(1) of the CHIPS Act of 2022 only in amounts
that are no more than the allocation for such purposes in
paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the
President for fiscal year 2024, the Secretary of State shall
submit to the Committees on Appropriations proposed
allocations by account and by program, project, or activity,
with detailed justifications, for amounts made available
under section 102(c)(2) of the CHIPS Act of 2022 for fiscal
year 2024.
(4) The Secretary of State shall provide the Committees on
Appropriations quarterly reports on the status of balances of
projects and activities funded by the CHIPS for America
International Technology Security and Innovation Fund for
amounts allocated pursuant to paragraph (1) of this
subsection, including all uncommitted, committed, and
unobligated funds.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A) the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) are fully met; and
(B) the government of the recipient country is taking steps
to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made
available for direct government-to-government assistance
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such notification shall contain an explanation
of how the proposed activity meets the requirements of
paragraph (1): Provided further, That the requirements of
this paragraph shall only apply to direct government-to-
government assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2024 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after the date of enactment of this
Act, shall make or update any determination of ``significant
progress'' or ``no significant progress'' in meeting the
minimum requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the
elements included under this section in House Report 117-401.
(3) Assistance.--Not less than $7,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be
[[Page H10230]]
made available for programs and activities to assist
governments identified pursuant to paragraph (1) to improve
budget transparency and to support civil society
organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved, directly or indirectly, in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of
human rights, including the wrongful detention of locally
employed staff of a United States diplomatic mission or a
United States citizen or national, shall be ineligible for
entry into the United States.
(B) Concurrent with the application of subparagraph (A),
the Secretary shall, as appropriate, refer the matter to the
Office of Foreign Assets Control, Department of the Treasury,
to determine whether to apply sanctions authorities in
accordance with United States law to block the transfer of
property and interests in property, and all financial
transactions, in the United States involving any person
described in such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments
and their immediate family members about whom the Secretary
has such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if
such entry would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph
(1) shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 30 days after the date of
enactment of this Act, and every 90 days thereafter until
September 30, 2024, the Secretary of State shall submit a
report, including a classified annex if necessary, to the
appropriate congressional committees and the Committees on
the Judiciary describing the information related to
corruption or violation of human rights concerning each of
the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who
the Secretary designated or identified pursuant to paragraph
(1)(B), or who would be ineligible but for the application of
paragraph (2), a list of any waivers provided under paragraph
(3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made
by such section, and to prevent the sale of conflict
diamonds, and for technical assistance to promote independent
audit mechanisms and support civil society participation in
natural resource management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct the
executive director of each international financial
institution to use the voice and vote of the United States to
oppose any assistance by such institutions (including any
loan, credit, grant, or guarantee) to any country for the
extraction and export of a natural resource if the government
of such country has in place laws, regulations, or procedures
to prevent or limit the public disclosure of company payments
as required by United States law, and unless such government
has adopted laws, regulations, or procedures in the sector in
which assistance is being considered that: (1) accurately
account for and publicly disclose payments to the government
by companies involved in the extraction and export of natural
resources; (2) include independent auditing of accounts
receiving such payments and the public disclosure of such
audits; and (3) require public disclosure of agreement and
bidding documents, as appropriate.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', $2,900,000,000 should be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant
to paragraph (1), not less than $117,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and
Labor, Department of State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and
with regard to the National Endowment for Democracy (NED),
any regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law
98-164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific
nature of the assistance, and the participants in such
programs shall not be subject to prior approval by the
government of any foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development,
determines that the government of the country is undemocratic
or has engaged in or condoned harassment, threats, or attacks
against organizations implementing democracy programs, any
new bilateral agreement governing the terms and conditions
under which assistance is provided to such country shall not
require the disclosure of the names of implementing partners
of democracy programs, and the Secretary of State and the
USAID Administrator shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform to this requirement.
(f) Continuation of Current Practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs.
(g) Digital Security and Countering Disinformation.--Funds
appropriated by this Act shall be made available to advance
digital security and counter disinformation as described
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(h) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Development, Democracy, and Innovation, USAID, shall
regularly inform the NED of democracy programs that are
planned and supported with funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs.
(i) Protection of Civil Society Activists and
Journalists.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'',
not less than $30,000,000 shall be made available to support
and protect civil society activists and journalists who have
been threatened, harassed, or attacked, including journalists
affiliated with the United States Agency for Global Media.
(j) International Freedom of Expression and Independent
Media.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $20,000,000
shall be made available for programs to protect international
freedom of expression and independent media, as described
under this section in House Report 117-401.
(k) David E. Price Legislative Strengthening Program.--
Funds appropriated by this Act under the heading ``Democracy
Fund'' shall be made available for legislative strengthening
programs: Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided further, That
such programs shall hereafter be collectively named the
``David E. Price Legislative Strengthening Program''.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--
Funds appropriated by this Act under the heading ``Diplomatic
Programs'' shall be made available for the Office of
International Religious Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the
headings ``Economic Support Fund'', ``Democracy Fund'', and
``International Broadcasting Operations'' shall be made
available for international religious freedom programs and
funds appropriated by this Act under
[[Page H10231]]
the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available
for humanitarian assistance for vulnerable and persecuted
ethnic and religious minorities: Provided, That funds made
available by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'' pursuant to this section shall
be the responsibility of the Ambassador-at-Large for
International Religious Freedom, in consultation with other
relevant United States Government officials, and shall be
subject to prior consultation with the Committees on
Appropriations.
(c) Authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Economic Support Fund'' may be made available
notwithstanding any other provision of law for assistance for
ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31) shall continue in effect during fiscal year 2023.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in title III of this
Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in
persons and assist victims of such trafficking may be made
available notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for forensic anthropology assistance related
to the exhumation and identification of victims of war
crimes, crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for
assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for DNA
forensic technology programs to combat human trafficking in
Central America and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for
Humanitarian Assistance, United States Agency for
International Development, from this or any other Act, may be
made available as a general contribution to the World Food
Programme, notwithstanding any other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, including partnerships with
philanthropic foundations, up to $50,000,000 may remain
available until September 30, 2025: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(4) Additional authority.--Of the amounts made available by
this Act under the heading ``Diplomatic Programs'', up to
$500,000 may be made available for grants pursuant to section
504 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 2656d), including to facilitate collaboration
with Indigenous communities.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions
of section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000.
(6) Development innovation ventures.--Funds appropriated by
this Act under the heading ``Development Assistance'' and
made available for the Development Innovation Ventures
program may be made available for the purposes of chapter I
of part I of the Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such
purpose shall only be made available after consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States: Provided
further, That such consultation shall take place not later
than 30 days prior to the publication in the Federal Register
of any regulatory action modifying the Exchange Visitor
Program.
(8) Payments.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Diplomatic Programs'' and ``Operating Expenses'', except
for funds designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985,
are available to provide payments pursuant to section
901(i)(2) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C.
2680b(i)(2)): Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with
the Committees on Appropriations.
(9) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended--
(A) in the heading, by striking ``2022'' and inserting
``2023'';
(B) in the matter preceding clause (i), in the first
sentence, by striking ``34,500'' and inserting ``38,500'';
and
(C) in clauses (i) and (ii), by striking ``December 31,
2023'' and inserting ``December 31, 2024''.
(10) Transatlantic engagement.--Funds appropriated by this
Act under the heading ``Diplomatic Programs'' are available
for support of an institute for transatlantic engagement if
legislation establishing such an institute is enacted into
law by September 30, 2023: Provided, That in the event that
such legislation is not enacted into law by such date, the
amounts described in this paragraph shall be available under
the heading ``Diplomatic Programs'' for the purposes therein.
(e) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a
significant change to the scope of an existing partner
vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the
Committees on Appropriations: Provided, That the Secretary
and the Administrator shall provide a direct vetting option
for prime awardees in any partner vetting program initiated
or significantly modified after the date of enactment of this
Act, unless the Secretary of State or USAID Administrator, as
applicable, informs the Committees on Appropriations on a
case-by-case basis that a direct vetting option is not
feasible for such program.
(f) Contingencies.--During fiscal year 2023, the President
may use up to $145,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2023, at no later than the end of the fifth
fiscal year after the last fiscal year for which such funds
are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--The terms and
conditions of section 7034(k) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2020 (division G of Public Law 116-94) shall continue in
effect during fiscal year 2023.
(j) Personnel.--Funds appropriated under the heading
``Migration and Refugee Assistance'' may be used to carry out
section 5(a)(6) of the Migration and Refugee Assistance Act
of 1962 (22 U.S.C. 2605(a)(6)) for employing up to 50
individuals domestically without regard to the geographic
limitation in such section, following consultation with the
Committees on Appropriations.
(k) Impact on Jobs.--Section 7056 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260)
shall continue in effect during fiscal year 2023.
(l) Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2023.
(2) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2022'' and
inserting ``2022, and 2023''; and
(ii) in subsection (e), by striking ``2022'' each place it
appears and inserting ``2023''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2022'' and inserting ``2023''.
(3) Special inspector general for afghanistan
reconstruction competitive status.--
[[Page H10232]]
Notwithstanding any other provision of law, any employee of
the Special Inspector General for Afghanistan Reconstruction
(SIGAR) who completes at least 12 months of continuous
service after enactment of this Act or who is employed on the
date on which SIGAR terminates, whichever occurs first, shall
acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications.
(4) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2023.
(5) Protective services.--Section 7071 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103)
shall continue in effect during fiscal year 2023.
(6) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2023'' and inserting ``September 30, 2028'';
and
(B) in the second proviso, by striking ``September 30,
2023'' and inserting ``September 30, 2028''.
(m) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act
that are made available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'', and ``Migration and
Refugee Assistance'' shall be made available for the regular
and systematic collection of feedback obtained directly from
beneficiaries to enhance the quality and relevance of such
assistance: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of State and
USAID Administrator shall submit to the Committees on
Appropriations, and post on their respective websites,
updated procedures for implementing partners that receive
funds under such headings for regularly and systematically
collecting and responding to such feedback, including
guidelines for the reporting on actions taken in response to
the feedback received: Provided further, That the Secretary
of State and USAID Administrator shall regularly--
(A) conduct oversight to ensure that such feedback is
regularly collected and used by implementing partners to
maximize the cost-effectiveness and utility of such
assistance; and
(B) consult with the Committees on Appropriations on the
results of such oversight.
(2) Ex-post evaluations.--Of the funds appropriated by this
Act under titles III and IV, not less than $10,000,000 shall
be made available for ex-post evaluations of the
effectiveness and sustainability of United States Government-
funded assistance programs.
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for child survival, malaria, tuberculosis, and
emerging infectious diseases to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export
Financing, and Related Programs Appropriation Act, 2005
(Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds
deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the Secretary of State shall include in the
congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements
related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Small Island Developing States, Tunisia, and Ukraine, which
are authorized to be provided: Provided, That amounts made
available under this paragraph for the costs of such
guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a
country.
(2) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations.
(3) Administration.--Not less than 30 days prior to
exercising the authority of this subsection, but not later
than 90 days after the date of enactment of this Act, the
President shall designate, and concurrently report such
designation to the appropriate congressional committees, the
Federal agency or agencies responsible for managing the
legacy loan guarantee portfolio, maintaining the current and
future financial exposure of loan guarantees, and executing
future loan guarantees.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'', not less than $100,000,000 shall be made
available for Local Works pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2027.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(q) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2023.
(r) Section 889.--For the purposes of obligations and
expenditures made with funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, the waiver
authority in section 889(d)(2) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) may also be available to the Secretary of State,
following consultation with the Director of National
Intelligence: Provided, That not later than 60 days after the
date of enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
detailing the use of the authority of this subsection since
the date of enactment of this Act, which shall include the
scope and duration of any waiver granted, the entity covered
by such waiver, and a detailed description of the national
security interest served: Provided further, That such report
shall be updated every 60 days until September 30, 2024.
(s) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Bank, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(5) Successor operating unit.--Any reference to a
particular operating unit or office in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include
any successor operating unit performing the same or similar
functions.
(6) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out
the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment
in an amount above the prior fiscal year.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations''
[[Page H10233]]
and ``Foreign Military Financing Program'': Provided, That
the requirement of this subparagraph shall apply to a country
in conflict, unless the Secretary determines that such
country has in place, to the maximum extent practicable,
functioning combat casualty care treatment and equipment that
meets or exceeds the standards recommended by the Committee
on Tactical Combat Casualty Care: Provided further, That any
such training and equipment for combat casualty care shall be
made available through an open and competitive process.
(3) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of
1961, or is complying with international humanitarian law:
Provided further, That any such training shall be made
available through an open and competitive process.
(4) International prison conditions.--Funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' shall be made available for
assistance to eliminate inhumane conditions in foreign
prisons and other detention facilities, notwithstanding
section 660 of the Foreign Assistance Act of 1961: Provided,
That the Secretary of State and the USAID Administrator shall
consult with the Committees on Appropriations on the proposed
uses of such funds prior to obligation and not later than 60
days after the date of enactment of this Act: Provided
further, That such funds shall be in addition to funds
otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2023.
(3) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund),
to remain available for obligation until September 30, 2025:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(5) Oversight and accountability.--(A) Prior to the signing
of a new Letter of Offer and Acceptance (LOA) involving funds
appropriated under the heading ``Foreign Military Financing
Program'', the Secretary of State shall consult with each
recipient government to ensure that the LOA between the
United States and such recipient government complies with the
purposes of section 4 of the Arms Export Control Act (22
U.S.C. 2754) and that the defense articles, services, and
training procured with funds appropriated under such heading
are consistent with United States national security policy.
(B) The Secretary of State shall promptly inform the
appropriate congressional committees of any instance in which
the Secretary of State has credible information that such
assistance was used in a manner contrary to such agreement.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Authority.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report to the appropriate congressional committees on
implementation of the United States policy regarding anti-
personnel landmines (APLs) announced on June 21, 2022, to
include progress on the destruction of APLs, and the number
and types of APLs required by such policy for the defense of
the Republic of Korea and the methodology used to determine
such number: Provided, That the report shall include the
types (by Department of Defense Ammunition Code) and
quantities of landmines demilitarized and removed from the
demilitarization account of the United States Armed Forces,
and demilitarization accomplished by contract or outside the
continental United States.
(C) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
(3) Crowd control.--If the Secretary of State has
information that a unit of a foreign security force uses
excessive force to repress peaceful expression or assembly
concerning corruption, harm to the environment or human
health, or the fairness of electoral processes, or in
countries that are undemocratic or undergoing democratic
transition, the Secretary shall promptly determine if such
information is credible: Provided, That if the information is
determined to be credible, funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
such unit, unless the Secretary of State determines that the
foreign government is taking effective measures to bring the
responsible members of such unit to justice.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations a
report on funds obligated and expended during fiscal year
2022, by country and purpose of assistance, under the
headings ``Peacekeeping Operations'', ``International
Military Education and Training'', and ``Foreign Military
Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be
clearly identified in the report submitted pursuant to
section 656 of such Act.
assistance for innocent victims of conflict
Sec. 7036. Of the funds appropriated under title III of
this Act, not less than $10,000,000 shall be made available
for the Marla Ruzicka Fund for Innocent Victims of Conflict:
Provided, That the USAID Administrator shall consult with the
Committees on Appropriations not later than 60 days after the
date of enactment of this Act on the proposed uses of such
funds.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
[[Page H10234]]
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2023, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on--
(A) the benchmarks that have been established for security
assistance for the West Bank and Gaza and on the extent of
Palestinian compliance with such benchmarks; and
(B) the steps being taken by the Palestinian Authority to
end torture and other cruel, inhuman, and degrading treatment
of detainees, including by bringing to justice members of
Palestinian security forces who commit such crimes.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,300,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2023 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $125,000,000 shall be made available for assistance
for Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to
those required for United States institutional accreditation
by a regional accrediting agency recognized by such
Department: Provided, That such funds shall be made available
for democracy programs, and for development programs in the
Sinai.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign
[[Page H10235]]
Military Financing Program'', $1,300,000,000, to remain
available until September 30, 2024, should be made available
for assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the Federal
Reserve Bank of New York, following consultation with the
Committees on Appropriations, and the uses of any interest
earned on such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That $225,000,000 of such funds shall be
withheld from obligation until the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Egypt is taking sustained and
effective steps to--
(i) strengthen the rule of law, democratic institutions,
and human rights in Egypt, including to protect religious
minorities and the rights of women, which are in addition to
steps taken during the previous calendar year for such
purposes;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations, human rights defenders, and the
media to function without interference;
(iii) hold Egyptian security forces accountable, including
officers credibly alleged to have violated human rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances;
(v) provide regular access for United States officials to
monitor such assistance in areas where the assistance is
used; and
(vi) comply with the requirement under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that such funds are necessary for
counterterrorism, border security, or nonproliferation
programs or that it is otherwise important to the national
security interest of the United States to do so, and submits
a report to such Committees containing a detailed
justification for the use of such waiver and the reasons why
any of the requirements of subparagraph (A) cannot be met:
Provided, That the report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A), $95,000,000 of the funds made available
pursuant to this paragraph shall be withheld from obligation
until the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Egypt is
making clear and consistent progress in releasing political
prisoners, providing detainees with due process of law, and
preventing the intimidation and harassment of American
citizens.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in House Report 117-
401.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135(d)(4) of the Atomic Energy Act
of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions on
Iran;
(ii) the reimposition and renewed enforcement of secondary
sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of
Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) programs to support government transparency and
accountability, support judicial independence, protect the
right of due process, end the use of torture, and combat
corruption;
(D) humanitarian assistance, including in the Kurdistan
Region of Iraq;
(E) programs to protect and assist religious and ethnic
minority populations; and
(F) programs to increase United States private sector
investment.
(2) Basing rights.--None of the funds appropriated or
otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent
basing rights agreement between the United States and Iraq.
(d) Israel.--Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', not less
than $3,300,000,000 shall be available for grants only for
Israel which shall be disbursed within 30 days of enactment
of this Act: Provided, That to the extent that the Government
of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for
advanced weapons systems, of which not less than $775,300,000
shall be available for the procurement in Israel of defense
articles and defense services, including research and
development.
(e) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,650,000,000 shall be made
available for assistance for Jordan, of which not less than
$845,100,000 shall be made available for budget support for
the Government of Jordan and not less than $425,000,000 shall
be made available under the heading ``Foreign Military
Financing Program''.
(f) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
Lebanon: Provided, That such funds made available under the
heading ``Economic Support Fund'' may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may be made available
for programs and equipment for the Lebanese Internal Security
Forces (ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected by
conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including Hizballah;
(ii) strengthen border security and combat terrorism,
including training and equipping the LAF to secure the
borders of Lebanon and address security and stability
requirements in areas affected by conflict in Syria,
interdicting arms shipments, and preventing the use of
Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council Resolution
1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary
of State shall submit to the Committees on Appropriations a
spend plan, including actions to be taken to ensure equipment
provided to the LAF is used only for the intended purposes,
except such plan may not be considered as meeting the
notification requirements under section 7015 of this Act or
under section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted pursuant to
such section shall include any funds specifically intended
for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(g) Libya.--Funds appropriated under titles III and IV of
this Act shall be made available for stabilization assistance
for Libya, including support for a United Nations-facilitated
political process and border security: Provided, That the
limitation on the uses of funds for certain infrastructure
projects in section 7041(f)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to such
funds.
(h) Morocco.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Morocco.
(i) Saudi Arabia.--
(1) Prohibition.--None of the funds appropriated by this
Act under the heading ``International Military Education and
Training'' may be made available for assistance for the
Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs should be obligated or
expended by the Export-Import Bank of the United States to
guarantee, insure, or extend (or participate in the extension
of) credit in connection with the export of nuclear
technology, equipment, fuel, materials, or other nuclear
technology-related goods or services to Saudi Arabia unless
the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to
its Comprehensive Safeguards Agreement with the International
Atomic Energy Agency.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available,
notwithstanding any other provision of law, for non-lethal
stabilization assistance for Syria, including for emergency
medical and rescue response and chemical weapons
investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant
to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may
threaten or undermine United States national security
interests; and
[[Page H10236]]
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(3) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) Tunisia.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
Tunisia for programs to improve economic growth and
opportunity, support democratic governance and civil society,
protect due process of law, and maintain regional stability
and security, following consultation with the Committees on
Appropriations.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations on the extent to
which--
(A) the Government of Tunisia is implementing economic
reforms, countering corruption, and taking credible steps to
restore constitutional order and democratic governance,
including respecting freedoms of expression, association, and
the press, and the rights of members of political parties,
that are in addition to steps taken in the preceding fiscal
year;
(B) the Government of Tunisia is maintaining the
independence of the judiciary and holding security forces who
commit human rights abuses accountable; and
(C) the Tunisian military has remained an apolitical and
professional institution.
(l) West Bank and Gaza.--
(1) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
programs in the West Bank and Gaza, which may include water,
sanitation, and other infrastructure improvements.
(2) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(3) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under this
clause may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available for assistance for the West Bank and Gaza
shall be made available consistent with section 1004(a) of
the Taylor Force Act (title X of division S of Public Law
115-141).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not
less than $3,000,000 shall be made available for a
contribution to the Special Criminal Court in Central African
Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by
this Act shall be made available for programs and activities
in areas affected by the Lord's Resistance Army (LRA) or
other illicit armed groups in Eastern Democratic Republic of
the Congo and the Central African Republic, including to
improve physical access, telecommunications infrastructure,
and early-warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants,
especially child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated
by this Act shall be made available for assistance for the
Democratic Republic of the Congo (DRC) for stabilization,
democracy, global health, and bilateral economic assistance,
including in areas affected by, and at risk from, the Ebola
virus disease: Provided, That such funds shall also be made
available to support security, stabilization, development,
and democracy in Eastern DRC: Provided further, That funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``International Military Education and
Training'' that are made available for such purposes may be
made available notwithstanding any other provision of law,
except section 620M of the Foreign Assistance Act of 1961.
(e) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to
support--
(1) implementation of the cessation of hostilities
agreement in Tigray;
(2) political dialogues and confidence building measures to
end other conflicts in the country;
(3) civil society and protect human rights;
(4) efforts to provide unimpeded access to humanitarian
assistance;
(5) investigations and prosecutions of gross violations of
human rights; and
(6) restoration of basic services in areas impacted by
conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available for
higher education programs in Malawi shall be made available
for higher education and workforce development programs in
agriculture as described under this section in House Report
117-401.
(g) South Sudan.--None of the funds appropriated by this
Act under title IV may be made available for assistance for
the central Government of South Sudan, except to support
implementation of outstanding issues of the Comprehensive
Peace Agreement, mutual arrangements related to post-
referendum issues associated with such Agreement, or any
other viable peace agreement in South Sudan: Provided, That
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are made available for
any new program, project, or activity in South Sudan shall be
subject to prior consultation with the appropriate
congressional committees.
(h) Sudan.--
(1) Assistance.--Funds appropriated by this Act under title
III that are made available for assistance for Sudan may be
made available to support a civilian-led transition in Sudan.
(2) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of Sudan, except to support implementation
of outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other viable peace
agreement in Sudan.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for any new program, project, or activity in Sudan
shall be subject to prior consultation with the appropriate
congressional committees.
(i) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
[[Page H10237]]
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act,
not less than $136,127,000 shall be made available for
assistance for Burma, which--
(A) may be made available notwithstanding any other
provision of law and following consultation with the
appropriate congressional committees;
(B) may be made available for support for the
administrative operations and programs of entities that
support peaceful efforts to establish an inclusive and
representative democracy in Burma and a federal union to
foster equality among Burma's diverse ethnic groups,
following consultation with the Committees on Appropriations;
(C) shall be made available for programs to promote ethnic
and religious tolerance, unity, and accountability and to
combat gender-based violence, including in Kachin, Chin, Mon,
Karen, Karenni, Rakhine, and Shan states;
(D) shall be made available for community-based
organizations with experience operating in Thailand to
provide food, medical, and other humanitarian assistance to
internally displaced persons in eastern Burma, in addition to
assistance for Burmese refugees from funds appropriated by
this Act under the heading ``Migration and Refugee
Assistance''; and
(E) shall be made available for programs and activities to
investigate and document violations of human rights in Burma
committed by the military junta.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma.
(3) Limitations.--None of the funds appropriated by this
Act that are made available for assistance for Burma may be
made available to the State Administration Council or any
organization or entity controlled by, or an affiliate of, the
armed forces of Burma, or to any individual or organization
that has committed a gross violation of human rights or
advocates violence against ethnic or religious groups or
individuals in Burma, as determined by the Secretary of State
for programs administered by the Department of State and
USAID or the President of the National Endowment for
Democracy (NED) for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2023 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made
available for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated by this
Act that are made available for assistance for the Government
of Cambodia may be obligated or expended unless the Secretary
of State certifies and reports to the Committees on
Appropriations that such Government is taking effective steps
to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against interference by the
People's Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other military
installations in Cambodia, and dual use facilities such as
the runway at the Dara Sakor development project;
(iii) cease violence, threats, and harassment against civil
society and the political opposition in Cambodia, and dismiss
any politically motivated criminal charges against critics of
the government; and
(iv) respect the rights, freedoms, and responsibilities
enshrined in the Constitution of the Kingdom of Cambodia as
enacted in 1993.
(B) Exceptions.--The certification required by subparagraph
(A) shall not apply to funds appropriated by this Act and
made available for democracy, health, education, and
environment programs, programs to strengthen the sovereignty
of Cambodia, and programs to educate and inform the people of
Cambodia of the influence activities of the People's Republic
of China in Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research, documentation, and education programs
associated with the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map, and
publicize the efforts by the People's Republic of China to
expand its influence in Cambodia.
(c) Indo-Pacific Strategy and the Asia Reassurance
Initiative Act of 2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,800,000,000 shall be
made available to support implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018
(Public Law 115-409).
(2) Countering prc influence fund.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and
``Foreign Military Financing Program'', not less than
$325,000,000 shall be made available for a Countering PRC
Influence Fund to counter the influence of the Government of
the People's Republic of China and the Chinese Communist
Party and entities acting on their behalf globally, which
shall be subject to prior consultation with the Committees on
Appropriations: Provided, That such funds are in addition to
amounts otherwise made available for such purposes: Provided
further, That up to 10 percent of such funds shall be held in
reserve to respond to unanticipated opportunities to counter
PRC influence: Provided further, That the uses of such funds
shall be the joint responsibility of the Secretary of State
and the USAID Administrator, and shall be allocated as
specified under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That funds made
available pursuant to this paragraph under the heading
``Foreign Military Financing Program'' may remain available
until September 30, 2024: Provided further, That funds
appropriated by this Act for such Fund under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated under
such headings: Provided further, That such transfer authority
is in addition to any other transfer authority provided by
this Act or any other Act, and is subject to the regular
notification procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity
that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China;
and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of State, in
consultation with the USAID Administrator and the heads of
other Federal agencies, as appropriate, determines that such
use does not adversely impact the national security of the
United States.
(4) Maps.--None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups
administered by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under
titles III and IV, not less than $93,000,000 shall be made
available for assistance for Laos, including for assistance
for persons with disabilities caused by unexploded ordnance
accidents, and of which not less than $1,500,000 should be
made available for programs to assist persons with severe
physical mobility, cognitive, or developmental disabilities
in areas sprayed with Agent Orange: Provided, That funds made
available pursuant to this subsection may be used, in
consultation with the Government of Laos, for assessments of
the existence of dioxin contamination resulting from the use
of Agent Orange in Laos and the feasibility and cost of
remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
9229) to the Committees on Appropriations: Provided further,
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for
the central government of a country if the Secretary
determines and reports to the appropriate congressional
committees that to do so is important to the national
security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund''
shall be made available for the promotion of human rights in
North Korea: Provided, That the authority of section
7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the
Government of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated under title I in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be
made available for establishing and operating diplomatic
facilities in Kiribati, Tonga, Solomon Islands, and Vanuatu,
subject to section 7015(a)(3) of this Act and following
consultation with the Committees on Appropriations.
(2) Assistance.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement", "Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Foreign Military Financing
Program'', not less
[[Page H10238]]
than $150,000,000 shall be made available for assistance for
Pacific Islands countries, as specified under this section in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act),
following consultation with the Committees on Appropriations:
Provided, That funds made available pursuant to this
paragraph shall be made available for joint development and
security programs between the United States and such
countries in coordination with regional allies and partners,
including Taiwan.
(g) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in
this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin
(including commercial satellites and satellite components) to
the People's Republic of China (PRC) unless, at least 15 days
in advance, the Committees on Appropriations are notified of
such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Hong kong.--
(A) Democracy programs.--Of the funds appropriated by this
Act under the first paragraph under the heading ``Democracy
Fund'', not less than $5,000,000 shall be made available for
democracy and Internet freedom programs for Hong Kong,
including legal and other support for democracy activists.
(B) Restrictions on assistance.--None of the funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for Hong Kong
should be obligated for assistance for the Government of the
People's Republic of China and the Chinese Communist Party or
any entity acting on their behalf in Hong Kong.
(C) Report.--The report required under section
7043(f)(3)(C) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021 (division K of
Public Law 116-260) shall be updated and submitted to the
Congress in the manner described.
(h) Philippines.--None of the funds appropriated by this
Act may be made available for counternarcotics assistance for
the Philippines, except for drug demand reduction, maritime
law enforcement, or transnational interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $4,000,000 shall be made
available for the Global Cooperation and Training Framework,
which shall be administered by the American Institute in
Taiwan.
(2) Foreign military financing.--Funds appropriated by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs under the
heading ``Foreign Military Financing Program'', except for
amounts designated as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, may be made
available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans and loan
guarantees for Taiwan, if otherwise authorized: Provided,
That such costs may include the costs of selling, reducing,
or cancelling any amounts owed to the United States or any
agency of the United States: Provided further, That the gross
principal balance of such direct loans shall not exceed
$2,000,000,000, and the gross principal balance of guaranteed
loans shall not exceed $2,000,000,000: Provided further, That
the Secretary of State may use amounts charged to the
borrower as origination fees to pay for the cost of such
loans.
(3) Fellowship program.--Funds appropriated by this Act
under the heading ``Payment to the American Institute in
Taiwan'' shall be made available to establish a Taiwan
Fellowship Program.
(4) Consultation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on the uses of funds
made available pursuant to this subsection: Provided, That
such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading ``Economic
Support Fund'', not less than $10,000,000 shall be made
available to nongovernmental organizations with experience
working with Tibetan communities to support activities which
preserve cultural traditions and promote sustainable
development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in
other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India
and Nepal, and to assist in the education and development of
the next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for
International Development.
(k) Vietnam.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $197,000,000 shall be made available
for assistance for Vietnam, of which not less than--
(A) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities: Provided,
That such funds shall be prioritized to assist persons whose
disabilities may be related to the use of Agent Orange and
exposure to dioxin, or are the result of unexploded ordnance
accidents;
(B) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may
be made available for assistance for the Government of
Vietnam, including the military, for such purposes;
(C) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting Initiative; and
(D) $15,000,000 shall be made available for higher
education programs.
(2) Section 7043(i)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103) is amended by striking
``that'' and inserting ``: Provided, That such funds shall be
prioritized to assist persons whose disabilities''.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs and made
available for assistance for Afghanistan may be made
available for direct assistance to the Taliban.
(2) Afghan special immigrant visas.--Funds appropriated or
otherwise made available by this Act under the heading
``Administration for Foreign Affairs'' and fees available for
obligation during fiscal year 2023 in the Consular and Border
Security Programs account shall be made available for
additional Department of State personnel necessary to
eliminate processing backlogs and expedite adjudication of
Afghan Special Immigrant Visa cases, including for the
National Visa Center and the Afghan Special Immigrant Visa
Unit.
(3) Afghan students.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available to support the higher education of students from
Afghanistan studying outside of the country, including the
costs of reimbursement to institutions hosting such students,
as appropriate: Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the
Committees on Appropriations prior to the initial obligation
of funds for such purposes.
(4) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State and the USAID
Administrator shall submit a report to the appropriate
congressional committees detailing plans, consistent with the
restriction contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan women and
girls;
(B) support higher education programs, including continued
support for the American University of Afghanistan's (AUAF)
online programs and support for other higher education
institutions in South Asia and the Middle East that are
hosting AUAF and other Afghan students;
(C) support Afghan civil society activists, journalists,
and independent media, including in third countries; and
(D) support health, education, including community-based
education, and other programs to address the basic needs of
the people of Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Bangladesh--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and association,
and the right of due process; and
(3) not less than $23,300,000 shall be made available for
democracy programs.
(c) Nepal.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are made
available for assistance for Nepal shall only be made
available for humanitarian and disaster relief and
reconstruction activities, and in support of international
[[Page H10239]]
peacekeeping operations, military professionalization and
training, and border security activities: Provided, That such
funds may only be made available for additional uses if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Nepal is investigating
and prosecuting violations of human rights and the laws of
war by the Nepal Army, and the Nepal Army is cooperating
fully with civilian judicial authorities in such cases.
(d) Pakistan.--
(1) Assistance.--
(A) Security assistance.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Bilateral economic assistance.--Prior to the obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central
Government of Pakistan, the Secretary of State shall submit a
report to the appropriate congressional committees
detailing--
(i) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported
by, affiliated with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(ii) the extent of cooperation by such government in
issuing visas in a timely manner for United States visitors,
including officials and representatives of nongovernmental
organizations, engaged in assistance and security programs in
Pakistan;
(iii) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected by
conflict in Pakistan and the region; and
(iv) the extent to which such government is strengthening
democracy in Pakistan, including protecting freedom of
expression, assembly, and religion.
(2) Authority and uses of funds.--(A) Funds appropriated by
this Act for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for
section 620M of the Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' shall
be made available for border security programs in Pakistan,
following consultation with the Committees on Appropriations.
(C) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy and for
gender programs in Pakistan.
(3) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that such
Government is taking effective and consistent steps to--
(A) protect the rights and freedoms of the people of Sri
Lanka regardless of ethnicity and religious belief, including
by investigating violations of human rights and the laws of
war and holding perpetrators of such violations accountable;
(B) address the basic needs of the people of Sri Lanka and
responsibly mitigate the impact of the country's economic
collapse, including by increasing transparency and
accountability in governance;
(C) combat corruption, including bringing to justice public
officials who have engaged in significant acts of corruption;
(D) assert its sovereignty against influence by the
People's Republic of China; and
(E) promote reconciliation between ethnic and religious
groups, particularly arising from past conflict in Sri Lanka,
including by--
(i) addressing land confiscation and ownership issues;
(ii) resolving cases of missing persons, including by
maintaining a functioning and credible office of missing
persons;
(iii) reducing the presence of the armed forces in former
conflict zones and restructuring the armed forces for a
peacetime role that contributes to post-conflict
reconciliation and regional security;
(iv) repealing or amending laws on arrest and detention by
security forces to comply with international standards; and
(v) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism for
resolving cases of war crimes:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance and
disaster relief; to protect human rights, locate and identify
missing persons, and assist victims of torture and trauma; to
promote justice, accountability, and reconciliation; to
enhance maritime security and domain awareness; to promote
fiscal transparency and sovereignty; and for International
Military Education and Training.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for the Sri Lankan armed
forces, except for humanitarian assistance, disaster relief,
instruction in human rights and related curricula
development, maritime security and domain awareness,
including professionalization and training for the navy and
coast guard, and funds appropriated by this Act under the
heading ``International Military Education and Training''.
(4) Consultation.--Funds made available for assistance for
Sri Lanka other than for the purposes specified in paragraph
(1) shall be subject to prior consultation with the
Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act
shall be made available for assistance for countries in South
and Central Asia to significantly increase the recruitment,
training, and retention of women in the judiciary, police,
and other security forces, and to train judicial and security
personnel in such countries to prevent and address gender-
based violence, human trafficking, and other practices that
disproportionately harm women and girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Belize, Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama, including through the Central America
Regional Security Initiative: Provided, That such assistance
shall be prioritized for programs that address the violence,
poverty, corruption, and other factors that contribute to
irregular migration, particularly of unaccompanied minors, to
the United States, including for programs to reduce violence
against women and girls, protect the rights of Indigenous
people, support civil society and other independent
institutions, enhance economic opportunity, combat corruption
and impunity, and dismantle illegal armed groups and drug
trafficking organizations.
(A) Of the funds made available pursuant to paragraph (1)--
(i) $61,500,000 should be made available to support
entities and activities to combat corruption and impunity in
such countries, including, as appropriate, offices of
Attorneys General; and
(ii) $70,000,000 should be made available for programs to
reduce violence against women and girls, including for
Indigenous women and girls.
(B) Within the funds made available pursuant to paragraph
(1) and made available for assistance for El Salvador,
Guatemala, and Honduras, up to $100,000,000 should be made
available for programs that support locally-led development
in such countries: Provided, That up to 15 percent of the
funds made available to carry out this subparagraph may be
used by the Administrator of the United States Agency for
International Development for administrative and oversight
expenses related to the purposes of this subparagraph:
Provided further, That the USAID Administrator shall consult
with the Committees on Appropriations on the planned uses of
funds to carry out this subparagraph prior to the initial
obligation of funds: Provided further, That such funds shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) Funds made available pursuant to paragraph (1) shall be
made available for the youth empowerment program established
pursuant to section 7045(a)(1)(C) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2022 (division K of Public Law 117-103).
(2) Limitation on assistance to certain central
governments.--
(A) Of the funds made available pursuant to paragraph (1)
under the heading ``Economic Support Fund'' and under title
IV of this Act, 60 percent of such funds that are made
available for assistance for each of the central governments
of El Salvador and Guatemala, and 45 percent of such funds
that are made available for assistance for the central
government of Honduras, may only be obligated after the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(i) combating corruption and impunity, including
investigating and prosecuting government officials, military
personnel, and police officers credibly alleged to be
corrupt;
(ii) implementing reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions, strengthening the
independence of judicial and electoral institutions, and
improving the transparency of political campaign and
political party financing;
(iii) protecting the rights of human rights defenders,
trade unionists, journalists, civil society groups,
opposition political parties, and the independence of the
media;
(iv) providing effective and accountable law enforcement
and security for its citizens, curtailing the role of the
military in public security, and upholding due process of
law;
(v) implementing programs to reduce violence against women
and girls;
(vi) implementing policies to reduce poverty and promote
economic growth and opportunity, including the implementation
of reforms to strengthen educational systems, vocational
training programs, and programs for at-risk youth;
(vii) improving border security and combating human
smuggling and trafficking and countering the activities of
criminal gangs, drug traffickers, and transnational criminal
organizations;
(viii) informing its citizens of the dangers of the journey
to the southwest border of the United States; and
[[Page H10240]]
(ix) implementing policies that improve the environment for
foreign investment, including executing tax reform in a
transparent manner, ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United States
businesses, and resolving disputes involving the confiscation
of real property of United States entities.
(B) Reprogramming.--If the Secretary is unable to make the
certification required by subparagraph (A) for one or more of
the central governments, such assistance shall be
reprogrammed for assistance for civil society organizations
in such country, or for other countries in Latin America and
the Caribbean, notwithstanding the funding provisions in this
subsection and the limitations in section 7019 of this Act:
Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(C) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) judicial entities and activities related to combating
corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human rights,
including those of Indigenous communities and Afro-
descendants;
(iv) humanitarian assistance; and
(v) food security programs.
(D) Foreign military financing program.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for
El Salvador, Guatemala, or Honduras.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, $487,375,000 should be made
available for assistance for Colombia: Provided, That such
funds shall be made available for the programs and activities
described under this section in House Report 117-401:
Provided further, That of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' and made available for assistance pursuant to
this paragraph, not less than $40,000,000 shall be made
available to enhance rural security in coca producing
municipalities and other municipalities with high levels of
illicit activities: Provided further, That funds made
available pursuant to the preceding proviso shall be
prioritized in such municipalities that are also targeted for
assistance programs that provide viable economic alternatives
and improve access to public services.
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and
Law Enforcement'' that are made available for assistance for
Colombia, 20 percent may be obligated only if the Secretary
of State certifies and reports to the Committees on
Appropriations that--
(i) the Government of Colombia is implementing an effective
whole-of-government strategy to substantially and sustainably
reduce coca cultivation and cocaine production levels in
Colombia, including programs and activities that support
illicit crop eradication, alternative development, drug
interdiction, dismantling of drug trafficking and money
laundering networks, rural security, environmental
protection, judicial sector strengthening, and public health
services; and
(ii) such strategy is in accordance with the 2016 peace
accord between the Government of Colombia and the
Revolutionary Armed Forces of Colombia.
(B) Human rights.--
(i) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' and made available for
assistance for Colombia, 20 percent may be obligated only if
the Secretary of State certifies and reports to the
Committees on Appropriations that--
(I) the Special Jurisdiction for Peace and other judicial
authorities, as appropriate, are sentencing perpetrators of
gross violations of human rights, including those with
command responsibility, to deprivation of liberty;
(II) the Government of Colombia is making consistent
progress in reducing threats and attacks against human rights
defenders and other civil society activists, and judicial
authorities are prosecuting and punishing those responsible
for ordering and carrying out such attacks;
(III) the Government of Colombia is making consistent
progress in protecting Afro-Colombian and Indigenous
communities and is respecting their rights and territories;
(IV) senior military officers credibly alleged, or whose
units are credibly alleged, to be responsible for ordering,
committing, and covering up cases of false positives and
other extrajudicial killings, or of committing other gross
violations of human rights, or of conducting illegal
communications intercepts or other illicit surveillance, are
being held accountable, including removal from active duty if
found guilty through criminal, administrative, or
disciplinary proceedings; and
(V) the Colombian Armed Forces are cooperating fully with
the requirements described in subclauses (I) through (IV).
(ii) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' and made available for assistance for the
Colombian National Police (CNP), five percent may be
obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Colombia is bringing to justice the police
personnel who ordered, directed, and used excessive force and
engaged in other illegal acts against protesters in 2020 and
2021, and that the CNP is cooperating fully with such
efforts.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims or
compensation to demobilized combatants associated with a
peace agreement between the Government of Colombia and
illegal armed groups.
(c) Haiti.--
(1) Assistance.--Funds appropriated by this Act under
titles III and IV shall be made available for assistance for
Haiti to support the basic needs of the Haitian people.
(2) Certification.--Funds appropriated by this Act that are
made available for assistance for Haiti may only be made
available for the central Government of Haiti if the
Secretary of State certifies and reports to the appropriate
congressional committees that a democratically elected
government has taken office, or the country is being led by a
transitional governing authority that is broadly
representative of Haitian society, and it is in the national
interest of the United States to provide such assistance.
(3) Exceptions.--Notwithstanding paragraph (1), funds may
be made available to support--
(A) free and fair elections;
(B) anti-gang police and administration of justice
programs, including to reduce pre-trial detention and
eliminate inhumane prison conditions;
(C) public health, food security, subsistence farmers,
water and sanitation, education, and other programs to meet
basic human needs; and
(D) disaster relief and recovery.
(4) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for assistance for Haiti shall be subject to prior
consultation with the Committees on Appropriations: Provided,
That the requirement of this paragraph shall also apply to
any funds from such Acts that are made available for support
for an international security force in Haiti.
(5) Prohibition.--None of the funds appropriated or
otherwise made available by this Act may be used for
assistance for the armed forces of Haiti.
(6) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) Nicaragua.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$15,000,000 shall be made available for democracy programs
for Nicaragua, including to support civil society.
(e) The Caribbean.--Of the funds appropriated by this Act
under titles III and IV, not less than $82,000,000 shall be
made available for the Caribbean Basin Security Initiative.
(f) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $50,000,000 should be made
available for democracy programs for Venezuela.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under title III shall be
made available for assistance for communities in countries
supporting or otherwise impacted by refugees from Venezuela,
including Colombia, Peru, Ecuador, Curacao, and Trinidad and
Tobago: Provided, That such amounts are in addition to funds
otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Funds appropriated by this Act under titles
III and IV shall be made available for assistance for
Ukraine.
(b) Territorial Integrity.--None of the funds appropriated
by this Act may be made available for assistance for a
government of an Independent State of the former Soviet Union
if such government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
except as otherwise provided in section 7047(a) of this Act,
funds may be made available without regard to the restriction
in this subsection if the President determines that to do so
is in the national security interest of the United States:
Provided further, That prior to executing the authority
contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how
such assistance supports the national security interest of
the United States.
(c) Section 907 of the FREEDOM Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
[[Page H10241]]
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD
Act of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act
may be used to facilitate or support the sale of defense
articles or defense services to the Turkish Presidential
Protection Directorate (TPPD) under chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) unless the
Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD who are
named in the July 17, 2017, indictment by the Superior Court
of the District of Columbia, and against whom there are
pending charges, have returned to the United States to stand
trial in connection with the offenses contained in such
indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not
apply to the use of funds made available by this Act for
border security purposes, for North Atlantic Treaty
Organization or coalition operations, or to enhance the
protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has taken affirmative steps intended to support or be
supportive of the Russian Federation annexation of Crimea or
other territory in Ukraine: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary determines and reports to such Committees that
to do so is in the national interest of the United States,
and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces, if such activity includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of the Russian Federation or Russian-backed
forces, if such assistance includes the participation of
Russian Government officials, or other Russian owned or
controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
grant, or guarantee) for any program that violates the
sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has
reestablished sovereignty over Crimea and other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State
determines and reports to the Committees on Appropriations
has recognized the independence of, or has established
diplomatic relations with, the Russian Federation occupied
Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia: Provided, That the Secretary shall publish on the
Department of State website a list of any such central
governments in a timely manner: Provided further, That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification
for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit,
grant, or guarantee) for any program that violates the
sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act
under the headings ``Assistance for Europe, Eurasia and
Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $300,000,000 shall be made available to carry out
the purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation in
subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries
in Europe, Eurasia, and Central Asia and strengthen security
cooperation between such countries and the United States and
the North Atlantic Treaty Organization, as appropriate:
Provided, That funds made available pursuant to this
paragraph under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2024.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the
implementation of Association Agreements and trade agreements
with the European Union, and to reduce their vulnerability to
external economic and political pressure from the Russian
Federation.
(e) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation and other countries in Europe, Eurasia,
and Central Asia, including to promote Internet freedom:
Provided, That of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', not less
than $20,000,000 shall be made available to strengthen
democracy and civil society in Central Europe, including for
transparency, independent media, rule of law, minority
rights, and programs to combat anti-Semitism.
united nations
Sec. 7048. (a) Transparency and Accountability.--Not later
than 120 days after the date of enactment of this Act, the
Secretary of State shall report to the Committees on
Appropriations whether each organization, department, or
agency receiving a contribution from funds appropriated by
this Act under the headings ``Contributions to International
Organizations'' and ``International Organizations and
Programs''--
(1) is posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) has submitted a report to the Department of State,
which shall be posted on the Department's website in a timely
manner, demonstrating that such organization is effectively
implementing and enforcing policies and procedures which meet
or exceed best practices in the United States for the
protection of whistleblowers from retaliation, including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration;
and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency,
body, or commission is chaired or presided over by a country,
the government of which the Secretary of State has
determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports
international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State
as a contribution to any organization, agency, commission, or
program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 1754(c) of the Export Reform
Control Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly
provided support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such
[[Page H10242]]
Council: Provided, That such report shall include a
description of the national interest served and the steps
taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2023, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether
UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961, the costs for participation of another country's
delegation at international conferences held under the
auspices of multilateral or international organizations.
(f) Report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
amount of funds available for obligation or expenditure in
fiscal year 2023 for contributions to any organization,
department, agency, or program within the United Nations
system or any international program that are withheld from
obligation or expenditure due to any provision of law:
Provided, That the Secretary shall update such report each
time additional funds are withheld by operation of any
provision of law: Provided further, That the reprogramming of
any withheld funds identified in such report, including
updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping
Operations.--The Secretary of State shall, to the maximum
extent practicable, withhold assistance to any unit of the
security forces of a foreign country if the Secretary has
credible information that such unit has engaged in sexual
exploitation or abuse, including while serving in a United
Nations peacekeeping operation, until the Secretary
determines that the government of such country is taking
effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That
the Secretary shall promptly notify the government of each
country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate
congressional committees of such withholding not later than
10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the
maximum extent practicable, assist such government in
bringing the responsible members of such unit to justice:
Provided further, That not later than 60 days after the date
of enactment of this Act, the Secretary shall submit a report
to the Committees on Appropriations detailing the policies,
mechanisms, and procedures established to implement this
subsection, following consultation with the Committees on
Appropriations.
(h) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the second proviso under the heading
``Contributions for International Peacekeeping Activities''
in title I of this Act or section 307(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2024: Provided,
That the requirement to withhold funds for programs in Burma
under section 307(a) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated by this Act.
war crimes tribunal
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That
the determination required under this section shall be in
lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant
to this section shall be made available subject to the
regular notification procedures of the Committees on
Appropriations.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for
obligation during fiscal year 2023 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $90,500,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interest of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' that are made available pursuant to subsection (a)
shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace, the Department of State
International Cyberspace Policy Strategy required by section
402 of the Cybersecurity Act of 2015 (division N of Public
Law 114-113), and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the United States Agency for Global Media
Chief Executive Officer (USAGM CEO) and the President of the
Open Technology Fund (OTF), shall coordinate any such
research and development programs with other relevant United
States Government departments and agencies in order to share
information, technologies, and best practices, and to assess
the effectiveness of such technologies; and
(E) made available only with the concurrence of the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, that such funds are allocated consistent
with--
(i) the strategies referenced in subparagraph (B) of this
paragraph;
(ii) best practices regarding security for, and oversight
of, Internet freedom programs; and
(iii) sufficient resources and support for the development
and maintenance of anti-censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for open-source tools and
techniques to securely develop and distribute USAGM digital
content, facilitate audience access to such content on
websites that are censored, coordinate the distribution of
USAGM digital content to targeted regional audiences, and to
promote and distribute such tools and techniques, including
digital security techniques;
(B) coordinated by the USAGM CEO, in consultation with the
OTF President, with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall
be incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the USAGM CEO, in consultation with the
OTF President, to solicit project proposals through an open,
transparent, and competitive process, seek input from
technical and subject matter experts to select proposals, and
support Internet circumvention tools and techniques for
audiences in countries that are strategic priorities for the
OTF and in a manner consistent with the United States
Government Internet freedom strategy; and
[[Page H10243]]
(D) made available for the research and development of new
tools or techniques authorized in subparagraph (A) only after
the USAGM CEO, in consultation with the Secretary of State,
the OTF President, and other relevant United States
Government departments and agencies, evaluates the risks and
benefits of such new tools or techniques, and establishes
safeguards to minimize the use of such new tools or
techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after the date
of enactment of this Act, the Secretary of State and the
USAGM CEO, in consultation with the OTF President, shall
submit to the Committees on Appropriations spend plans for
funds made available by this Act for programs to promote
Internet freedom globally, which shall include a description
of safeguards established by relevant agencies to ensure that
such programs are not used for illicit purposes: Provided,
That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State
and United States Agency for International Development
offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support open-source technologies that undergo
comprehensive security audits consistent with the
requirements of the Bureau of Democracy, Human Rights, and
Labor, Department of State to ensure that such technology is
secure and has not been compromised in a manner detrimental
to the interest of the United States or to individuals and
organizations benefiting from programs supported by such
funds: Provided, That the security auditing procedures used
by such Bureau shall be reviewed and updated periodically to
reflect current industry security standards.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made
available by this Act may be used to support or justify the
use of torture and other cruel, inhuman, or degrading
treatment or punishment by any official or contract employee
of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving
assistance from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', ``International Narcotics Control
and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of
State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of
State in connection with the use of aircraft owned, leased,
or chartered by the Department of State may be credited to
the Working Capital Fund of the Department and shall be
available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That subsection (f)(2)(B)
of such section shall be applied by substituting ``September
30, 2022'' for ``September 30, 2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b)(1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private or
multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'', ``United
States Emergency Refugee and Migration Assistance Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which
has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing
a law enforcement officer, as specified in a United States
extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2023, $32,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
[[Page H10244]]
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate
the capacity of countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening
public health capacity where there is a high risk of emerging
zoonotic infectious diseases: Provided, That not later than
60 days after the date of enactment of this Act, the USAID
Administrator and the Secretary of State, as appropriate,
shall consult with the Committees on Appropriations on the
planned uses of such funds.
(2) Financial intermediary fund.--Funds appropriated by
this Act under the heading ``Global Health Programs'' may be
made available for contributions to a financial intermediary
fund for pandemic preparedness and global heath security.
(3) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, not to exceed an
aggregate total of $200,000,000 of the funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(4) Emergency reserve fund.--Up to $90,000,000 of the funds
made available under the heading ``Global Health Programs''
may be made available for the Emergency Reserve Fund
established pursuant to section 7058(c)(1) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the
same terms and conditions of such section.
(5) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--Notwithstanding any other provision of
law, none of the funds made available by this Act may be made
available to the Wuhan Institute of Virology located in the
City of Wuhan in the People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the economic participation and
opportunities for political leadership, and protecting the
rights of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the
Committees on Appropriations on the implementation of such
Act.
(3) Gender equity and equality action fund.--Of the funds
appropriated under title III of this Act, up to $200,000,000
may be made available for the Gender Equity and Equality
Action Fund.
(b) Madeleine K. Albright Women's Leadership Program.--Of
the funds appropriated under title III of this Act, not less
than $50,000,000 shall be made available for programs
specifically designed to increase leadership opportunities
for women in countries where women and girls suffer
discrimination due to law, policy, or practice, by
strengthening protections for women's political status,
expanding women's participation in political parties and
elections, and increasing women's opportunities for
leadership positions in the public and private sectors at the
local, provincial, and national levels: Provided, That such
programs shall hereafter be collectively named the
``Madeleine K. Albright Women's Leadership Program''.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $250,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(d) Women, Peace, and Security.--Of the funds appropriated
by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', and ``International Narcotics Control and
Law Enforcement'', $150,000,000 should be made available to
support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts
in countries affected by conflict or in political transition,
and to ensure the equitable provision of relief and recovery
assistance to women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $970,000,000 shall be made available for the
Nita M. Lowey Basic Education Fund, and such funds may be
made available notwithstanding any other provision of law
that restricts assistance to foreign countries: Provided,
That such funds shall also be used for secondary education
activities: Provided further, That of the funds made
available by this paragraph, $150,000,000 should be available
for the education of girls in areas of conflict: Provided
further, That section 7(a) of Public Law 115-56 shall be
implemented by substituting ``the thirtieth day of June
following'' for ``180 days after''.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$160,000,000 shall be made available for contributions to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $285,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall
be made available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity of
higher education institutions and systems in developing
countries: Provided further, That of such amount and in
addition to the previous proviso, not less than $35,000,000
shall be made available for higher education programs
pursuant to section 7060(a)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2021 (division K of Public Law 116-260): Provided further,
That not later than 45 days after the date of enactment of
this Act, the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of funds
for such partnerships.
(3) Scholar rescue programs.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $7,000,000 shall be
made available for scholar rescue programs, including for
scholars from Afghanistan, Burma, Ethiopia, the Russian
Federation, Ukraine, and Yemen: Provided, That the Secretary
of State and Administrator of the United States Agency for
International Development, as appropriate, shall consult with
the Committees on Appropriations on such programs not later
than 90 days after the date of enactment of this Act.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $18,500,000 shall be made available for USAID
cooperative development programs and not less than
$31,500,000 shall be made available for the American Schools
and Hospitals Abroad program.
(c) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,010,600,000 shall be made available for food
security and agricultural development programs to carry out
the purposes of the Global Food Security Act of 2016 (Public
Law 114-195): Provided, That funds may be made available for
a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3310 of the Agriculture Improvement Act of
2018 (Public Law 115-334).
(2) The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and the heads of other relevant Federal agencies,
shall seek to enter into negotiations with key foreign
governments and multilateral, philanthropic, and private
sector entities, including the United Nations Rome-based
agencies and the World Bank, regarding the potential
establishment of a multilateral fund focused on food
security, as described under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(d) Micro, Small, and Medium-Sized Enterprises.--Of the
funds appropriated by this Act, not less than $265,000,000
shall be made available to support the development of, and
access to financing for, micro, small, and medium-sized
enterprises that benefit the poor, especially women.
(e) Programs to Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $116,400,000 shall be made available for activities
to combat trafficking in persons internationally, including
for the Program to End Modern Slavery, of which not less than
$87,000,000 shall be from funds made available under the
heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds made available by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' that are made available for activities to
combat trafficking in persons should be obligated and
programmed consistent with the country-specific
[[Page H10245]]
recommendations included in the annual Trafficking in Persons
Report, and shall be coordinated with the Office to Monitor
and Combat Trafficking in Persons, Department of State.
(f) Reconciliation Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $25,000,000 shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, racial, religious, and
political backgrounds from areas of civil strife and war:
Provided, That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation
of funds, on the uses of such funds, and such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That to the
maximum extent practicable, such funds shall be matched by
sources other than the United States Government: Provided
further, That such funds shall be administered by the Center
for Conflict and Violence Prevention, USAID.
(g) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $475,000,000 shall be made available
for water supply and sanitation projects pursuant to section
136 of the Foreign Assistance Act of 1961, of which not less
than $237,000,000 shall be for programs in sub-Saharan
Africa, and of which not less than $17,000,000 shall be made
available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
(h) Deviation.--Unless otherwise provided for by this Act,
the Secretary of State and the Administrator of the United
States Agency for International Development, as applicable,
may deviate below the minimum funding requirements designated
in sections 7059, 7060, and 7061 of this Act by up to 10
percent, notwithstanding such designation: Provided, That
concurrent with the submission of the report required by
section 653(a) of the Foreign Assistance Act of 1961, the
Secretary of State shall submit to the Committees on
Appropriations in writing any proposed deviations utilizing
such authority that are planned at the time of submission of
such report: Provided further, That any deviations proposed
subsequent to the submission of such report shall be subject
to prior consultation with such Committees: Provided further,
That not later than November 1, 2024, the Secretary of State
shall submit a report to the Committees on Appropriations on
the use of the authority of this subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this section and only subject to the reporting
procedures of the Committees on Appropriations, to support
environment programs.
(b)(1) Of the funds appropriated under title III of this
Act, not less than $385,000,000 shall be made available for
biodiversity conservation programs.
(2) Not less than $125,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(3) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(4) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging, agriculture, livestock production,
mining, or any other industrial scale extractive activity
into areas that were primary/intact tropical forests as of
December 30, 2013, and the Secretary of the Treasury shall
instruct the United States executive directors of each
international financial institution (IFI) to use the voice
and vote of the United States to oppose any financing of any
such activity.
(5) Funds appropriated by this Act shall be made available
to support a new public-private partnership for conservation
to promote long-term management of protected areas in
developing countries, if legislation establishing a
foundation to facilitate such partnership is enacted into
law.
(c) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy
of the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy
of such institution, regarding the construction of any large
dam consistent with the criteria set forth in Senate Report
114-79, while also considering whether the project involves
important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act,
not less than $185,000,000 shall be made available for
sustainable landscapes programs.
(e) Of the funds appropriated under title III of this Act,
not less than $270,000,000 shall be made available for
adaptation programs, including in support of the
implementation of the Indo-Pacific Strategy.
(f) Of the funds appropriated under title III of this Act,
not less than $260,000,000 shall be made available for clean
energy programs, including in support of carrying out the
purposes of the Electrify Africa Act (Public Law 114-121) and
implementing the Power Africa initiative.
(g) Funds appropriated by this Act under title III may be
made available for United States contributions to the
Adaptation Fund and the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act,
not less than $50,000,000 shall be made available for the
purposes enumerated under section 7060(c)(7) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260):
Provided, That such funds may only be made available
following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act,
not less than $20,000,000 shall be made available to support
Indigenous and other civil society organizations in
developing countries that are working to protect the
environment, including threatened and endangered species, as
described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(j) The Secretary of State and USAID Administrator shall
implement the directive regarding law enforcement in national
parks and protected areas as described under this section in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days
after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of
this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to
such department, agency, or organization in such titles of
this Act, or funds otherwise available for obligation in
fiscal year 2023, that provides details of the uses of such
funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison
between the congressional budget justification funding
levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating
plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional
budget justification, in this Act, or amounts specifically
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), as
applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to
the Committees on Appropriations spend plans as described
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for funds
made available by this Act under the heading ``Department of
the Treasury, International Affairs Technical Assistance'' in
title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection
may be obligated prior to the submission of such spend plan
if the Secretary of State, the USAID Administrator, or the
Secretary of the Treasury, as applicable, determines that the
obligation of such funds is necessary to avoid significant
programmatic disruption: Provided, That not less than seven
days prior to such obligation, the Secretary or
Administrator, as appropriate, shall consult with the
Committees on Appropriations on the justification for such
obligation and the proposed uses of such funds.
(c) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional
budget justification for Department of State operations and
foreign operations shall be provided to the Committees on
Appropriations concurrent with the date of submission of the
President's budget for fiscal year 2024: Provided, That the
appendices for such justification shall be provided to the
Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in
subsection (b) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by this Act
without prior consultation by the head of such department,
agency, or organization with the appropriate congressional
committees: Provided, That such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years
pursuant to similar provisions of law in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be deemed to meet the
notification requirements of this section.
[[Page H10246]]
(b) Description of Activities.--Pursuant to subsection (a),
a reorganization, redesign, or other plan shall include any
action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of
the authorities and responsibilities of such bureaus and
offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and USAID
from the staffing levels previously justified to the
Committees on Appropriations for fiscal year 2023.
department of state management
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by
this Act or otherwise made available to the Department of
State for payments to the Working Capital Fund that are made
available for new service centers, shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(c) Information Technology Platform.--None of the funds
appropriated in title I of this Act under the heading
``Administration of Foreign Affairs'' may be made available
for a new major information technology investment without the
concurrence of the Chief Information Officer, Department of
State.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals
contained in subsection (a) shall expire on September 30,
2024.
(c) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
(e) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(f) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That such
funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Bureau for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the
funds made available in title III of this Act pursuant to, or
to carry out the provisions of, part I of the Foreign
Assistance Act of 1961 and section 509(b) of the Global
Fragility Act of 2019 (title V of division J of Public Law
116-94) may be made available for the United States Agency
for International Development to appoint and employ personnel
in the excepted service to prevent or respond to foreign
crises and contexts with growing instability: Provided, That
functions carried out by personnel hired under the authority
of this subsection shall be related to the purpose for which
the funds were appropriated: Provided further, That such
funds are in addition to funds otherwise available for such
purposes and may remain attributed to any minimum funding
requirement for which they were originally made available:
Provided further, That the USAID Administrator shall
coordinate with the Director of the Office of Personnel
Management and consult with the appropriate congressional
committees on implementation of this provision.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the
funds appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$135,000,000 shall be made available for the Prevention and
Stabilization Fund for the purposes enumerated in section
509(a) of the Global Fragility Act of 2019 (title V of
division J of Public Law 116-94), of which $25,000,000 may be
made available for the Multi-Donor Global Fragility Fund
authorized by section 510(c) of such Act: Provided, That such
funds shall be allocated as specified under this section in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That funds appropriated under such headings
may be transferred to, and merged with, funds appropriated
under such headings for such purposes: Provided further, That
such transfer authority is in addition to any other transfer
authority provided by this Act or any other Act, and is
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That funds made available pursuant to this
subsection that are transferred to funds appropriated under
the heading ``Foreign Military Financing Program'' may remain
available until September 30, 2024.
(b) Transitional Justice.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, which shall be in addition to any other funds
made available by this Act for such purposes: Provided, That
such programs shall include components to develop local
investigative and judicial skills, and to collect and
preserve evidence and maintain the chain of custody of
evidence, including for use in prosecutions, and may include
the establishment of, and assistance for, transitional
justice mechanisms: Provided further, That such funds shall
be administered by the Ambassador-at-Large for the Office of
Global Criminal Justice, Department of State, and shall be
subject to prior consultation with the Committees on
Appropriations: Provided further, That funds made available
by this paragraph shall be made available on an open and
competitive basis.
(c) Global Community Engagement and Resilience Fund.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may be
made available to the Global Community Engagement and
Resilience Fund, including as a contribution.
debt-for-development
Sec. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
[[Page H10247]]
extension of consular fees and related authorities
Sec. 7068. (a) Section 1(b)(1) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal
year 2023 by substituting ``the costs of providing consular
services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116-136; 134 Stat. 592) shall be applied during
fiscal year 2023 by substituting ``2020 through 2023'' for
``2020 and 2021''.
(c) Discretionary amounts made available to the Department
of State under the heading ``Administration of Foreign
Affairs'' of this Act, and discretionary unobligated balances
under such heading from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, may be transferred to the Consular and Border
Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations
that to do so is necessary to sustain consular operations,
following consultation with such Committees: Provided, That
such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any other
provision of law: Provided further, That no amounts may be
transferred from amounts designated as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2023, the Secretary of State
may also use fees deposited into the Fraud Prevention and
Detection Account for the costs of providing consular
services.
(e) Amounts provided pursuant to subsection (b) are
designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022.
management of international transboundary water pollution
(including transfer of funds)
Sec. 7069. In fiscal year 2023 and in each fiscal year
thereafter--
(a) The Administrator of the Environmental Protection
Agency (the ``Administrator'') may transfer amounts made
available under the heading ``Environmental Protection
Agency--State and Tribal Assistance Grants'' in the USMCA
Supplemental Appropriations Act, 2019 (title IX of Public Law
116-113) to the International Boundary and Water Commission,
United States and Mexico (the ``Commission''), by entering
into an interagency agreement or by awarding a grant, to
support the construction of treatment works (as that term is
defined in section 212(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1292(2))), that will be owned or
operated by the Commission: Provided, That the Commission
shall, in consultation with the Administrator and subject to
the requirements of sections 513 and 608 of the Federal Water
Pollution Control Act (33 U.S.C. 1372 and 1388), use amounts
transferred pursuant to this section for general,
administrative, or other costs (including construction
management) related to the planning, study, design, and
construction, of treatment works that, as determined by the
Commissioner of the Commission, will--
(1) protect residents in the United States-Mexico border
region from water pollution resulting from--
(A) transboundary flows of wastewater, stormwater, or other
international transboundary water flows originating in
Mexico; and
(B) any inadequacies or breakdowns of treatment works in
Mexico; and
(2) provide treatment of the flows and water pollution
described in subparagraph (A) in compliance with local,
State, and Federal law: Provided, That the Commission may
also use amounts transferred pursuant to this section to
operate and maintain any new treatment work constructed,
which shall be in addition to any amounts otherwise available
to the Commission for such purposes.
(b) The Commission is authorized to enter into an agreement
with the appropriate official or officials of the United
States and Mexican States for the operation and maintenance
by the Commission of any new treatment works, pursuant to
subsection (a): Provided, That such agreement shall contain a
provision relating to the division between the two
Governments of the costs of such operation and maintenance,
or of the works involved there as may be recommended by said
Commission and approved by the Government of Mexico.
(c) Nothing in this section modifies, amends, repeals, or
otherwise limits the authority of the Commission under--
(1) the treaty relating to the utilization of the waters of
the Colorado and Tijuana Rivers, and of the Rio Grande (Rio
Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and
supplementary protocol, signed at Washington February 3, 1944
(59 Stat. 1219), between the United States and Mexico; or
(2) any other applicable treaty.
(d) Funds transferred pursuant to subsection (a) shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the
budget are designated as an emergency requirement pursuant to
section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(e) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022.
waiver authority
Sec. 7070. The President may waive section 414 of Public
Law 101-246 and section 410 of Public Law 103-236 with
respect to the United Nations Educational, Scientific and
Cultural Organization if the President determines and reports
in writing to the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and the appropriate
congressional committees that to do so would enable the
United States to counter Chinese influence or to promote
other national interests of the United States: Provided, That
the authority of this section shall cease to have effect if,
after enactment of this Act, the Palestinians obtain the same
standing as member states or full membership as a state in
the United Nations or any specialized agency thereof outside
an agreement negotiated between Israel and the Palestinians:
Provided further, That the authority of this section shall
sunset on September 30, 2025, unless extended in a subsequent
Act of Congress.
organization of american states
Sec. 7071. (a) The Secretary of State shall instruct the
United States Permanent Representative to the Organization of
American States (OAS) to use the voice and vote of the United
States to: (1) implement budgetary reforms and efficiencies
within the Organization; (2) eliminate arrears, increase
other donor contributions, and impose penalties for
successive late payment of assessments; (3) prevent
programmatic and organizational redundancies and consolidate
duplicative activities and functions; (4) prioritize areas in
which the OAS has expertise, such as strengthening democracy,
monitoring electoral processes, and protecting human rights;
and (5) implement reforms within the Office of the Inspector
General (OIG) to ensure the OIG has the necessary leadership,
integrity, professionalism, independence, policies, and
procedures to properly carry out its responsibilities in a
manner that meets or exceeds best practices in the United
States.
(b) Prior to the obligation of funds appropriated by this
Act and made available for an assessed contribution to the
Organization of American States, but not later than 90 days
after the date of enactment of this Act, the Secretary of
State shall submit a report to the appropriate congressional
committees on actions taken or planned to be taken pursuant
to subsection (a) that are in addition to actions taken
during the preceding fiscal year, and the results of such
actions.
multilateral development banks
Sec. 7072. (a) International Development Association
Twentieth Replenishment.--The International Development
Association Act (22 U.S.C. 284 et seq.) is amended by adding
at the end the following new section:
``SEC. 32. TWENTIETH REPLENISHMENT.
``(a) In General.--The United States Governor of the
International Development Association is authorized to
contribute on behalf of the United States $3,500,000,000 to
the twentieth replenishment of the resources of the
Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for
the United States contribution provided for in subsection
(a), there are authorized to be appropriated, without fiscal
year limitation, $3,500,000,000 for payment by the Secretary
of the Treasury.''.
(b) Asian Development Fund Twelfth Replenishment.--The
Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended
by adding at the end the following new section:
``SEC. 37. TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Bank is authorized
to contribute, on behalf of the United States, $177,440,000
to the twelfth replenishment of the resources of the Fund,
subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $177,440,000
for payment by the Secretary of the Treasury.''.
war crimes accountability
Sec. 7073. (a) Exception for Certain Investigations.--
Section 2004(h) of the American Servicemembers' Protection
Act of 2002 (22 U.S.C. 7423(h)) is amended--
(1) by striking ``Agents.--No agent'' and inserting the
following: ``Agents.--
``(1) In general.--No agent''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--The prohibition under paragraph (1) shall
not apply with respect to investigative activities that--
``(A) relate solely to investigations and prosecutions of
foreign persons for crimes within the jurisdiction of the
International Criminal Court related to the Situation in
Ukraine; and
``(B) are undertaken in concurrence with the Attorney
General.''.
(b) Exception for Certain Support.--Section 2015 of the
American Servicemembers' Protection Act of 2002 (22 U.S.C.
7433) is amended by striking ``Nothing'' through the end of
such section and inserting the following:
``(a) Assistance.--Nothing in this title shall prohibit the
United States from rendering assistance to international
efforts to bring to justice Saddam Hussein, Slobodan
Milosovic, Osama bin Laden, other members of Al Queda,
leaders of Islamic Jihad, and other foreign nationals accused
of genocide, war crimes or crimes against humanity, or from
rendering assistance to the International Criminal Court to
assist with investigations and prosecutions of foreign
nationals related to the Situation in Ukraine, including to
support victims and witnesses.
[[Page H10248]]
``(b) Authority.--Assistance made available pursuant to
subsection (a) of this section may be made available
notwithstanding section 705 of the Foreign Relations
Authorization Act, Fiscal Year 2000 and 2001 (22 U.S.C.
7401), except that none of the funds made available pursuant
to this subsection may be made available for the purpose of
supporting investigations or prosecutions of U.S.
servicemembers or other covered United States persons or
covered allied persons as such terms are defined in section
2013 of this Act.
``(c) Notification.--The Secretary of State shall notify
the Committees on Appropriations, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives, of any amounts obligated
pursuant to subsection (b) not later than 15 days before such
obligation is made.''.
(c) Rule of Construction.--Nothing in this section may be
construed to modify the existing roles or authorities of any
Federal agency or official.
rescissions
(including rescissions of funds)
Sec. 7074. (a) Millennium Challenge Corporation.--Of the
unobligated balances from amounts made available under the
heading ``Millennium Challenge Corporation'' from prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, $100,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of
the unobligated and unexpended balances from amounts
available under the heading ``Embassy Security, Construction,
and Maintenance'' from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, $42,000,000 are rescinded.
(c) Contributions for International Peacekeeping
Activities.--Of the unobligated and unexpended balances from
amounts available under the heading ``Contributions for
International Peacekeeping Activities'' from prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, $100,000,000 are rescinded.
(d) Restriction.--No amounts may be rescinded from amounts
that were previously designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2023''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$171,014,000: Provided, That of the sums appropriated under
this heading--
(1) $3,569,000 shall be available for the immediate Office
of the Secretary;
(2) $1,277,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $28,089,000 shall be available for the Office of the
General Counsel;
(4) $17,469,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$2,000,000 is for the Office for Multimodal Freight
Infrastructure and Policy;
(5) $21,026,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $41,399,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,727,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the
Executive Secretariat;
(10) $15,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $29,195,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,450,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation
(referred to in this title as the ``Secretary'') is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for
any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That notice
of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $70,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $48,996,000,
of which $37,542,000 shall remain available until expended:
Provided, That of such amounts that are available until
expended, $3,224,000 shall be for necessary expenses of the
Advanced Research Projects Agency--Infrastructure (ARPA-I) as
authorized by section 119 of title 49, United States Code:
Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional
project assistance grant program under section 6702 of title
49, United States Code, $800,000,000, to remain available
until expended: Provided, That section 6702(f)(2) of title
49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further,
That of amounts made available under this heading in this
Act, not less than $20,000,000 shall be awarded to projects
in historically disadvantaged communities or areas of
persistent poverty as defined under section 6702(a)(1) of
title 49, United States Code: Provided further, That section
6702(g) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act:
Provided further, That of the amounts made available under
this heading in this Act not less than 5 percent shall be
made available for the planning, preparation, or design of
eligible projects: Provided further, That grants awarded
under this heading in this Act for eligible projects for
planning, preparation, or design shall not be subject to a
minimum grant size: Provided further, That in distributing
amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas,
including Tribal areas, and the investment in a variety of
transportation modes: Provided further, That section
6702(c)(2)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading in this
Act: Provided further, That a grant award under this heading
in this Act shall be not greater than $45,000,000: Provided
further, That section 6702(c)(3) of title 49, United States
Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That not more than 15
percent of the amounts made available under this heading in
this Act may be awarded to projects in a single State:
Provided further, That for amounts made available under this
heading in this Act, the Secretary shall give priority to
projects that require a contribution of Federal funds in
order to complete an overall financing package: Provided
further, That section 6702(f)(1) of title 49, United States
Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That of the amounts
awarded under this heading in this Act, not more than 50
percent shall be allocated for eligible projects located in
rural areas and not more than 50 percent shall be allocated
for eligible projects located in urbanized areas: Provided
further, That for the purpose of determining if an award for
planning, preparation, or design under this heading in this
Act is an urban award, the project location is the location
of the project being planned, prepared, or designed: Provided
further, That the Secretary may retain up to 2 percent of the
amounts made available under this heading in this Act, and
may transfer portions of such amounts to the Administrators
of the Federal Aviation Administration, the Federal Highway
Administration, the Federal Transit Administration, the
Federal Railroad Administration and the Maritime
Administration to fund the award and oversight of grants and
credit assistance made under the program authorized under
section 6702 of title 49, United States Code: Provided
further, That for amounts made available under this heading
in this Act, the Secretary shall consider and award projects
based solely on the selection criteria as identified under
section 6702(d)(3) and (d)(4) of title 49, United States
Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$25,000,000, to remain available until September 30, 2025:
Provided, That the Secretary of Transportation shall make
such amounts available for technical assistance and
cooperative agreements to develop and implement technical
assistance, planning, and capacity building to improve and
foster thriving communities through transportation
improvements: Provided further, That the Secretary may enter
into cooperative agreements with philanthropic entities, non-
profit organizations, other Federal agencies, State or local
governments and their agencies, Indian Tribes, or other
technical assistance providers, to provide such technical
assistance, planning, and capacity building to State, local,
or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or
other political subdivisions of State or local governments:
Provided further, That to be eligible for a cooperative
agreement under this heading, a recipient shall provide
assistance to entities described in the preceding proviso on
engaging in public planning processes with residents, local
businesses, non-profit organizations, and to the extent
practicable, philanthropic organizations, educational
institutions, or other community stakeholders: Provided
further, That such cooperative agreements shall facilitate
the planning and development of transportation and community
revitalization activities supported by the Department of
Transportation under titles 23, 46, and 49, United States
Code, that increase mobility, reduce pollution from
transportation sources, expand affordable transportation
options, facilitate efficient land use, preserve or
[[Page H10249]]
expand jobs, improve housing conditions, enhance connections
to health care, education, and food security, or improve
health outcomes: Provided further, That the Secretary may
prioritize assistance provided with amounts made available
under this heading to communities that have disproportionate
rates of pollution and poor air quality, communities
experiencing disproportionate effects (as defined by
Executive Order No. 12898), areas of persistent poverty as
defined in section 6702(a)(1) of title 49, United States
Code, or historically disadvantaged communities: Provided
further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made
available under this heading to entities described in the
second proviso under this heading that request assistance
through the thriving communities program: Provided further,
That planning and technical assistance made available under
this heading may include pre-application assistance for
capital projects eligible under titles 23, 46, and 49, United
States Code: Provided further, That the Secretary may retain
amounts made available under this heading for the necessary
administrative expenses of (1) developing and disseminating
best practices, modeling, and cost-benefit analysis
methodologies to assist entities described in the second
proviso under this heading with applications for financial
assistance programs under titles 23, 46, and 49, United
States Code, and (2) award, administration, and oversight of
cooperative agreements to carry out the provisions under this
heading: Provided further, That such amounts and payments as
may be necessary to carry out the thriving communities
program may be transferred to appropriate accounts of other
operating administrations within the Department of
Transportation: Provided further, That the Secretary shall
notify the House and Senate Committees on Appropriations not
later than 3 business days prior to a transfer carried out
under the preceding proviso.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $8,850,000, to remain available until
expended: Provided, That the Secretary may collect and spend
fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to other
amounts made available for such purposes and are not subject
to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United
States Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 2024.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to network and information
technology infrastructure, improvement of identity management
and authentication capabilities, securing and protecting
data, implementation of Federal cyber security initiatives,
and implementation of enhanced security controls on agency
computers and mobile devices, $48,100,000, to remain
available until September 30, 2024.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$14,800,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $36,543,000, to remain
available until expended: Provided, That of such amount,
$5,436,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department in accordance with the preceding
proviso: Provided further, That of the amounts made available
under this heading, $12,914,000 shall be made available for
the purposes, and in amounts, specified for Community Project
Funding/Congressionally Directed Spending in the table
entitled ``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$505,285,000, shall be paid from appropriations made
available to the Department of Transportation: Provided, That
such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided
further, That the limitation in the preceding proviso on
operating expenses shall not apply to entities external to
the Department of Transportation or for funds provided in
Public Law 117-58: Provided further, That no funds made
available by this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,132,000, to remain
available until September 30, 2024: Provided, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related
to any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$354,827,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the
relative subsidy requirements of the carriers: Provided
further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United
States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under
section 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code: Provided
further, That, notwithstanding section 41733 of title 49,
United States Code, for fiscal year 2023, the requirements
established under subparagraphs (B) and (C) of section
41731(a)(1) of title 49, United States Code, and the subsidy
cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000,
shall not apply to maintain eligibility under section 41731
of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescission and transfer of funds)
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-
LU (5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees:
Provided further, That such reserve shall not exceed 1 month
of benefits payable and may be used only for the purpose of
providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully
reimbursed by each customer agency from available funds for
the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49,
United States Code, for unused transit and van pool benefits,
in an amount not to exceed 10 percent of fiscal year 2023
collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual
services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2023 of such collections
shall not exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated
or expended for retention or senior
[[Page H10250]]
executive bonuses for an employee of the Department of
Transportation without the prior written approval of the
Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and
collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the
House and Senate Committees on Appropriations; the Committee
on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 108. For an additional amount for necessary expenses
of the Volpe National Transportation Systems Center, as
authorized in section 328 of title 49, United States Code,
$4,500,000, to remain available until expended.
Sec. 109. (a) The remaining unobligated balances, as of
September 30, 2023, from amounts made available in section
157(a) of the Continuing Appropriations Act, 2023 (division A
of Public Law 117-180) are hereby permanently rescinded, and
an amount of additional new budget authority equivalent to
the amount rescinded is hereby appropriated on September 30,
2023, to remain available until September 30, 2024, and shall
be available, without additional competition, for completing
the funding of awards made pursuant to the fiscal year 2020
national infrastructure investments program, in addition to
other funds as may be available for such purposes.
(b) The remaining unobligated balances, as of September 30,
2023, from amounts made available in section 157(b) of the
Continuing Appropriations Act, 2023 (division A of Public Law
117-180) are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2023, to
remain available until September 30, 2024, and shall be
available, without additional competition, for completing the
funding of awards made pursuant to the fiscal year 2019
national infrastructure investments program, in addition to
other funds as may be available for such purposes.
Sec. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's
operating administrations in this Act or in Public Law 117-
103 for the costs of award, administration, or oversight of
financial assistance under the programs identified in
subsection (c) may be transferred to the account identified
in section 801 of division J of Public Law 117-58, to remain
available until expended, for the necessary expenses of
award, administration, or oversight of any financial
assistance programs in the Department of Transportation.
(b) Amounts transferred under the authority in this section
are available in addition to amounts otherwise available for
such purpose.
(c) The program from which funds made available under this
Act or in Public Law 117-103 may be transferred under
subsection (a) is the local and regional project assistance
program under section 6702 of title 49, United States Code.
Sec. 109B. Of the amounts made available under the heading
``National Infrastructure Investments'', not less than
$1,000,000 and not greater than $25,000,000 shall be
available to complete port infrastructure projects that
received awards from the national infrastructure investments
program under title I of division G of the Consolidated
Appropriations Act, 2019 (Public Law 116-6) or rail
infrastructure projects that received awards from the
national infrastructure investments program under title I of
division L of the Consolidated Appropriations Act, 2018
(Public Law 115-141): Provided, That an award funded under
this section may allow the total award to a recipient to be
greater than $25,000,000: Provided further, That sponsors of
projects eligible for funds made available under this section
shall provide sufficient written justification describing, at
a minimum, the current project cost estimate, why the project
cannot be completed with the obligated grant amount, and any
other relevant information, as determined by the Secretary:
Provided further, That the allocation under the preceding
proviso will be for the amounts necessary to cover increases
to eligible project costs since the grant was obligated,
based on the information provided: Provided further, That
section 200.204 of title 2, Code of Federal Regulations,
shall not apply to amounts made available under this section:
Provided further, That the amounts made available under this
section shall not be part of the Federal share of total
project costs and shall be up to 100 percent: Provided
further, That section 6702(c)(3) of title 49, United States
Code, shall not apply to amounts made available under this
section: Provided further, That section 6702(f) of title 49,
United States Code, shall not apply to amounts made available
under this section: Provided further, That of amounts made
available under this section, the Secretary may award to rail
infrastructure projects only amounts that the Secretary
determines are not needed to complete port infrastructure
projects.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, $11,915,000,000, to
remain available until September 30, 2024, of which
$9,993,821,000 to be derived from the Airport and Airway
Trust Fund: Provided, That of the amounts made available
under this heading--
(1) not less than $1,630,794,000 shall be available for
aviation safety activities;
(2) $8,812,537,000 shall be available for air traffic
organization activities;
(3) $37,854,000 shall be available for commercial space
transportation activities;
(4) $918,049,000 shall be available for finance and
management activities;
(5) $65,581,000 shall be available for NextGen and
operations planning activities;
(6) $152,509,000 shall be available for security and
hazardous materials safety activities; and
(7) $297,676,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than
60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of the
Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for
each day after 60 days after the submission of the budget
request that such report has not been transmitted to
Congress: Provided further, That not later than 60 days after
the submission of the budget request, the Administrator shall
transmit to Congress a companion report that describes a
comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format
similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring
goals by fiscal year: Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for
each day after the date that is 60 days after the submission
of the budget request that such report has not been submitted
to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation
safety standards: Provided further, That none of the funds
made available by this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds made available by this Act
shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate
new aviation user fees not specifically authorized by law
after the date of the enactment of this Act: Provided
further, That there may be credited to this appropriation, as
offsetting collections, funds received from States, counties,
municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the
provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and
for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the amounts
made available under this heading, not less than $187,800,000
shall be used to fund direct operations of the current air
traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital
Fund: Provided further, That none of the funds appropriated
or otherwise made available by this Act or any other Act may
be used to eliminate the Contract Weather Observers program
at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available
under this
[[Page H10251]]
heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,945,000,000, of which $570,000,000 is for
personnel and related expenses and shall remain available
until September 30, 2024, $2,221,200,000 shall remain
available until September 30, 2025, and $153,800,000 is for
terminal facilities and shall remain available until
September 30, 2027: Provided, That there may be credited to
this appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That not later than 60 days after
submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2024
through 2028, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget: Provided further, That section 405 of this Act shall
apply to amounts made available under this heading in title
VIII of the Infrastructure Investments and Jobs
Appropriations Act (division J of Public Law 117-58):
Provided further, That the amounts in the table entitled
``Allocation of Funds for FAA Facilities and Equipment from
the Infrastructure Investment and Jobs Act--Fiscal Year
2023'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
shall be the baseline for application of reprogramming and
transfer authorities for the current fiscal year pursuant to
paragraph (7) of such section 405 for amounts referred to in
the preceding proviso: Provided further, That,
notwithstanding paragraphs (5) and (6) of such section 405,
unless prior approval is received from the House and Senate
Committees on Appropriations, not to exceed 10 percent of any
funding level specified for projects and activities in the
table referred to in the preceding proviso may be transferred
to any other funding level specified for projects and
activities in such table and no transfer of such funding
levels may increase or decrease any funding level in such
table by more than 10 percent: Provided further, That of the
amounts made available under this heading for terminal
facilities, $45,000,000 shall be made available for the
purposes, and in amounts, specified for Community Project
Funding/Congressionally Directed Spending in the table
entitled ``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$255,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2025:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That amounts made available under this heading shall be used
in accordance with the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That not to exceed 10
percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That no transfer may increase or
decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be
treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the amounts made available under this heading
shall be available for the planning or execution of programs
the obligations for which are in excess of $3,350,000,000, in
fiscal year 2023, notwithstanding section 47117(g) of title
49, United States Code: Provided further, That none of the
amounts made available under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding
section 47109(a) of title 49, United States Code, the
Government's share of allowable project costs under paragraph
(2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a
multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding
any other provision of law, of amounts limited under this
heading, not less than $137,372,000 shall be available for
administration, $15,000,000 shall be available for the
Airport Cooperative Research Program, $40,828,000 shall be
available for Airport Technology Research, and $10,000,000,
to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service
Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United
States Code, such program may include the participation of an
airport that serves a community or consortium that is not
larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the
Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $558,555,000, to remain available through
September 30, 2025: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471 of title 49, United States
Code: Provided further, That of the sums appropriated under
this heading--
(1) $283,555,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act); and
(2) up to $275,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports,
of which not less than $25,000,000 shall be made available to
any commercial service airport, notwithstanding the
requirement for the airport to be located in an air quality
nonattainment or maintenance area in section 47102(3)(K) and
47102(3)(L) of title 49, United States Code, for work
necessary to construct or modify airport facilities to
provide low-emission fuel systems, gate electrification,
other related air quality improvements, acquisition of
airport-owned vehicles or ground support equipment with low-
emission technology:
Provided further, That the Secretary may make discretionary
grants to primary airports for airport-owned infrastructure
required for the on-airport distribution, blending, or
storage of sustainable aviation fuels that achieve at least a
50 percent reduction in lifecycle greenhouse gas emissions,
using a methodology determined by the Secretary, including,
but not limited to, on-airport construction or expansion of
pipelines, rail lines and spurs, loading and off-loading
facilities, blending facilities, and storage tanks: Provided
further, That the Secretary may make discretionary grants for
airport development improvements of primary runways,
taxiways, and aprons necessary at a nonhub, small hub, medium
hub, or large hub airport to increase operational resilience
for the purpose of resuming commercial service flight
operations following an earthquake, flooding, high water,
hurricane, storm surge, tidal wave, tornado, tsunami, wind
driven water, or winter storms: Provided further, That the
amounts made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-
Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the amounts
made available under this heading to fund the award and
oversight by the Administrator of grants made under this
heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 2023.
Sec. 111. None of the funds made available by this Act
shall be used to pursue or adopt guidelines or regulations
requiring airport sponsors to provide to the Federal Aviation
Administration without cost building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That
the prohibition on the use of funds in this section does not
apply to negotiations between the agency and airport sponsors
to achieve agreement on ``below-market'' rates for these
items or to grant assurances that require airport sponsors to
provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy section 41742(a)(1) of title 49, United States Code,
from fees credited
[[Page H10252]]
under section 45303 of title 49, United States Code, and any
amount remaining in such account at the close of any fiscal
year may be made available to satisfy section 41742(a)(1) of
title 49, United States Code, for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes as such
appropriation.
Sec. 114. None of the funds made available by this Act
shall be available for paying premium pay under section
5546(a) of title 5, United States Code, to any Federal
Aviation Administration employee unless such employee
actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number, Mode S transponder code, flight identification, call
sign, or similar identifying information from any ground
based display to the public that would allow the real-time or
near real-time flight tracking of that aircraft's movements,
except data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act
shall be available for salaries and expenses of more than
nine political and Presidential appointees in the Federal
Aviation Administration.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants so long as the Federal Aviation Administration
has received an application from the airport, and so long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or
the technical center unless the Administrator submits a
request for the reprogramming of funds under section 405 of
this Act.
Sec. 119D. The Federal Aviation Administration
Administrative Services Franchise Fund may be reimbursed
after performance or paid in advance from funds available to
the Federal Aviation Administration and other Federal
agencies for which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise
made available to the FAA may be used to carry out the FAA's
obligations under section 44502(e) of title 49, United States
Code, unless the eligible air traffic system or equipment to
be transferred to the FAA under section 44502(e) of title 49,
United States Code, was purchased by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
Sec. 119F. Of the funds provided under the heading
``Grants-in-aid for Airports'', up to $3,500,000 shall be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services, or other aviation tenants,
located at those airports closed during a temporary flight
restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States
Secret Service, and for direct and incremental financial
losses incurred while such airports are closed solely due to
the actions of the Federal Government: Provided, That no
funds shall be obligated or distributed to airport sponsors
that do not provide gateway operations and providers of
general aviation ground support services until an independent
audit is completed: Provided further, That losses incurred as
a result of violations of law, or through fault or
negligence, of such operators and service providers or of
third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and
expenditure of funds are conditional upon full release of the
United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $473,535,991 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration: Provided, That in addition, $3,248,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
authorized Federal-aid highway and highway safety
construction programs shall not exceed total obligations of
$58,764,510,674 for fiscal year 2023: Provided, That the
limitation on obligations under this heading shall only apply
to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise
specified in law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
authorized Federal-aid highway and highway safety
construction programs, $59,503,510,674 shall be derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary
$3,417,811,613: Provided, That the funds made available under
this heading shall be derived from the general fund, shall be
in addition to any funds provided for fiscal year 2023 in
this or any other Act for: (1) ``Federal-aid Highways'' under
chapter 1 of title 23, United States Code; (2) the
Appalachian Development Highway System as authorized under
section 1069(y) of Public Law 102-240; (3) the nationally
significant Federal lands and Tribal projects program under
section 1123 of the FAST Act, as amended (23 U.S.C. 201
note); (4) the Northern Border Regional Commission (40 U.S.C.
15101 et seq.); or (5) the Denali Commission, and shall not
affect the distribution or amount of funds provided in any
other Act: Provided further, That, except for funds made
available under this heading for the Northern Border Regional
Commission and the Denali Commission, section 11101(e) of
Public Law 117-58 shall apply to funds made available under
this heading: Provided further, That unless otherwise
specified, amounts made available under this heading shall be
available until September 30, 2026, and shall not be subject
to any limitation on obligations for Federal-aid highways or
highway safety construction programs set forth in any Act
making annual appropriations: Provided further, That of the
sums appropriated under this heading--
(1) $1,862,811,613 shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further,
That funds made available under this paragraph that are used
for Tribal projects shall be administered as if allocated
under chapter 2 of title 23, United States Code, except that
the set-asides described in subparagraph (C) of section
202(b)(3) of title 23, United States Code, and subsections
(a)(6), (c), and (e) of section 202 of such title, and
section 1123(h)(1) of MAP-21 (as amended by Public Law 117-
58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System,
as authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian
region as defined in section 14102(a) of title 40, United
States Code: Provided further, That funds made available
under this heading for construction of the Appalachian
Development Highway System shall remain available until
expended: Provided further, That, except as provided in the
following proviso, funds made available under this heading
for construction of the Appalachian Development Highway
System shall be administered as if apportioned under chapter
1 of title 23, United States Code: Provided further, That a
project carried out with funds made available under this
heading for construction of the Appalachian Development
Highway System shall be carried out in the same manner as a
project under section 14501 of title 40, United States Code:
Provided further, That subject to the following proviso,
funds made available under this heading for construction of
the Appalachian Development Highway System shall be
apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
Development Highway System, adjusted to exclude those
corridors that such States have no current plans to complete,
as reported in the 2013 Appalachian
[[Page H10253]]
Development Highway System Completion Report, unless those
States have modified and assigned a higher priority for
completion of an Appalachian Development Highway System
corridor, as reported in the 2020 Appalachian Development
Highway System Future Outlook: Provided further, That the
Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian
Development Highway System under this heading: Provided
further, That the Secretary shall consult with the
Appalachian Regional Commission in making adjustments under
the preceding two provisos: Provided further, That the
Federal share of the costs for which an expenditure is made
for construction of the Appalachian Development Highway
System under this heading shall be up to 100 percent;
(3) $40,000,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123
of the FAST Act (23 U.S.C. 201 note), of which not less than
$20,000,000 shall be for competitive grants to tribal
governments;
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section
1441 of the FAST Act (23 U.S.C. 601 note): Provided, That for
funds made available under this paragraph, the Federal share
of the costs shall be, at the option of the recipient, up to
100 percent;
(5) $20,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall
be administered as if apportioned under chapter 1 of title
23, United States Code;
(6) $45,000,000 shall be for the active transportation
infrastructure investment program under section 11529 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 217 note):
Provided, That except as otherwise provided under such
section or this heading, the funds made available under this
paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further,
That funds made available under this paragraph shall remain
available until expended;
(7) $3,000,000 shall be to carry out the Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-Way
Program under section 332 of title 23, United States Code;
(8) $5,000,000 shall be for a cooperative series of
agreements with universities, Federal agencies, the National
Academy of Sciences, transportation agencies, or nonprofit
organizations, to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations:
Provided, That, for funds made available under this
paragraph, the Federal share of the costs of an activity
carried out with such funds shall be 80 percent: Provided
further, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall
be administered as if authorized under chapter 5 of title 23,
United States Code;
(9) $1,145,000,000 shall be for a bridge replacement and
rehabilitation program: Provided, That, for the purposes of
funds made available under this paragraph, the term ``State''
means any of the 50 States or the District of Columbia and
the term ``qualifying State'' means any State in which the
percentage of total deck area of bridges classified as in
poor condition in such State is at least 5 percent or in
which the percentage of total bridges classified as in poor
condition in such State is at least 5 percent: Provided
further, That, of the funds made available under this
paragraph, the Secretary shall reserve $6,000,000 for each
State that does not meet the definition of a qualifying
State: Provided further, That, after making the reservations
under the preceding proviso, the Secretary shall distribute
the remaining funds made available under this paragraph to
each qualifying State by the proportion that the percentage
of total deck area of bridges classified as in poor condition
in such qualifying State bears to the sum of the percentages
of total deck area of bridges classified as in poor condition
in all qualifying States: Provided further, That, of the
funds made available under this paragraph--
(A) no qualifying State shall receive more than
$60,000,000;
(B) each State shall receive an amount not less than
$6,000,000; and
(C) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $60,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further,
That for purposes of this paragraph, the Secretary shall
calculate the percentages of total deck area of bridges
(including the percentages of total deck area classified as
in poor condition) and the percentages of total bridge counts
(including the percentages of total bridges classified as in
poor condition) based on the National Bridge Inventory as of
December 31, 2018: Provided further, That, except as
otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code;
(10) $15,000,000 shall be transferred to the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.) to make
grants, in addition to amounts otherwise made available to
the Northern Border Regional Commission for such purpose, to
carry out pilot projects that demonstrate the capabilities of
wood-based infrastructure projects: Provided, That a grant
made with funds made available under this paragraph shall be
administered in the same manner as a grant made under
subtitle V of title 40, United States Code;
(11) $150,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4) of title 23,
United States Code, of which $125,000,000 shall be for such
activities eligible under subparagraph (A) of such section,
and of which $25,000,000 shall be for such activities
eligible under subparagraph (C) of such section: Provided,
That, except as otherwise provided under this heading, the
funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That, except as
otherwise provided under this heading, funds made available
under this paragraph shall be administered as if made
available to carry out section 176(d) of such title: Provided
further, That, for purposes of the calculation under section
176(d)(5)(G)(ii) of such title, amounts made available under
this paragraph shall be included in the calculation of the
total amount provided for fiscal year 2023 under section
176(d) of such title: Provided further, That for purposes of
applying the set-asides under section 176(d)(5)(H)(ii) and
(iii) of such title, amounts made available under this
paragraph for competitive awards for activities eligible
under sections 176(d)(4)(A) and 176(d)(4)(C) of such title
shall be included in the calculation of the amounts made
available to carry out section 176(d) of such title for
fiscal year 2023: Provided further, That, the Secretary may
retain not more than a total of 5 percent of the amounts made
available under this paragraph to carry out this paragraph
and to review applications for grants under this paragraph,
and may transfer portions of the funds retained under this
proviso to the relevant Administrators to fund the award and
oversight of grants provided under this paragraph: Provided
further, That a project assisted with funds made available
under this paragraph shall be treated as a project on a
Federal-aid highway;
(12) $5,000,000 shall be transferred to the Denali
Commission for activities eligible under section 307(e) of
the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277): Provided, That funds made available
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise provided
under section 307(e) of such Act or this heading, funds made
available under this paragraph shall be administered as if
directly appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the requirement
in section 307(e) of such Act that the local community
provides a 10 percent non-Federal match in the form of any
necessary land or planning and design funds: Provided
further, That such funds shall be available until expended:
Provided further, That the Federal share of the costs for
which an expenditure is made with funds transferred under
this paragraph shall be up to 90 percent; and
(13) $15,000,000 shall be transferred to the Denali
Commission to carry out the Denali Access System Program
under section 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105-277): Provided, That a
transfer under this paragraph shall not be subject to section
311 of such Act: Provided further, That except as otherwise
provided under this heading, funds made available under this
paragraph shall be administered as if directly appropriated
to the Denali Commission and subject to applicable provisions
of such Act: Provided further, That funds made available
under this paragraph shall not be subject to section
309(j)(2) of such Act: Provided further, That funds made
available under this paragraph shall be available until
expended: Provided further, That the Federal share of the
costs for which an expenditure is made with funds transferred
under this paragraph shall be up to 100 percent.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2023, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts
[[Page H10254]]
not distributed under paragraphs (1) and (2), for each of the
programs (other than programs to which paragraph (1) applies)
that are allocated by the Secretary under authorized Federal-
aid highway and highway safety construction programs, or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2023, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall post
on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least
60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
its intent to use its authority under this section and
submits an annual report to the Secretary identifying the
projects to which the funding would be applied.
Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation
for a period of 3 fiscal years after the fiscal year in which
the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually
to the House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Infrastructure
Investment and Jobs Act (Public Law 117-58), $367,500,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution,
or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall
not exceed total obligations of $367,500,000, for ``Motor
Carrier Safety Operations and Programs'' for fiscal year
2023, of which $14,073,000, to remain available for
obligation until September 30, 2025, is for the research and
technology program, and of which not less than $63,098,000,
to remain available for obligation until September 30, 2025,
is for development, modernization, enhancement, and continued
operation and maintenance of information technology and
information management.
[[Page H10255]]
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, $506,150,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$506,150,000 in fiscal year 2023 for ``Motor Carrier Safety
Grants'': Provided further, That of the amounts made
available under this heading--
(1) $398,500,000, to remain available for obligation until
September 30, 2024, shall be for the motor carrier safety
assistance program;
(2) $42,650,000, to remain available for obligation until
September 30, 2024, shall be for the commercial driver's
license program implementation program;
(3) $58,800,000, to remain available for obligation until
September 30, 2024, shall be for the high priority program;
(4) $1,200,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered
mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the
violations.
Sec. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G
to subchapter B of chapter III of title 49, Code of Federal
Regulations, as recommended by GAO-19-264.
Sec. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety,
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $210,000,000, to remain
available through September 30, 2024.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of section 403 of title 23, United States Code,
including behavioral research on Automated Driving Systems
and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 25024 of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
and chapter 303 of title 49, United States Code,
$197,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2023, are in
excess of $197,000,000: Provided further, That of the sums
appropriated under this heading--
(1) $190,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,000,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $197,000,000 obligation
limitation for operations and research, $57,500,000 shall
remain available until September 30, 2024, and shall be in
addition to the amount of any limitation imposed on
obligations for future years: Provided further, That amounts
for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer
responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2023 in
this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of sections 402, 404, and 405 of title 23, United
States Code, and grant administration expenses under chapter
4 of title 23, United States Code, to remain available until
expended, $795,220,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the
planning or execution of programs for which the total
obligations in fiscal year 2023 are in excess of $795,220,000
for programs authorized under sections 402, 404, and 405 of
title 23, United States Code, and grant administration
expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this
heading--
(1) $370,900,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $346,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $38,300,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $39,520,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ``National Priority
Safety Programs'' under section 405 of title 23, United
States Code, for ``Impaired Driving Countermeasures'' (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under section 405(a)(8) of title 23, United States Code, any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the preceding
proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds in this Act or any other Act
shall be used to enforce the requirements of section
405(a)(9) of title 23, United States Code.
Sec. 143. Section 24220 of the Infrastructure Investment
and Jobs Act (Public Law 117-58) is amended by adding at the
end the following:
``(f) Short Title.--This section may be cited as the
`Honoring the Abbas Family Legacy to Terminate Drunk Driving
Act'.''.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $250,449,000, of
which $25,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $44,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading, up
to $3,000,000 shall be available pursuant to section 20108(d)
of title 49, United States Code, for the construction,
alteration, and repair of buildings and improvements at the
Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership
for Intercity Passenger Rail grants as authorized by section
24911 of title 49, United States Code, $100,000,000, to
remain available until expended: Provided, That the Secretary
may withhold up to 2 percent of the amounts made available
under this heading in this Act for the costs of award and
project management oversight of grants carried out under
title 49, United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements grants, as authorized
by section 22907 of title 49, United States Code,
$535,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading in this
Act--
(1) not less than $150,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United States
Code, that support the development of new intercity passenger
rail service routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects
eligible under section 22907(c)(11) of title 49, United
States Code: Provided, That for amounts made available in
this paragraph, the Secretary shall give preference to
projects that are located in counties with the most
pedestrian trespasser casualties;
(3) $5,000,000 shall be for preconstruction planning
activities and capital costs related to the deployment of
magnetic levitation transportation projects;
(4) $30,426,000 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community
[[Page H10256]]
Project Funding/Congressionally Directed Spending'' included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided, That requirements under subsections (g) and (l) of
section 22907 of title 49, United States Code, shall not
apply to this paragraph: Provided further, That any remaining
funds available after the distribution of the Community
Project Funding/Congressionally Directed Spending described
in this paragraph shall be available to the Secretary to
distribute as discretionary grants under this heading; and
(5) not less than $5,000,000 shall be available for
workforce development and training activities as authorized
under section 22907(c)(13) of title 49, United States Code:
Provided further, That for amounts made available under this
heading in this Act, eligible projects under section
22907(c)(8) of title 49, United States Code, shall also
include railroad systems planning (including the preparation
of regional intercity passenger rail plans and State Rail
Plans) and railroad project development activities (including
railroad project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the
development and analysis of project alternatives): Provided
further, That section 22905(f) of title 49, United States
Code, shall not apply to amounts made available under this
heading in this Act for projects that implement or sustain
positive train control systems otherwise eligible under
section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading in
this Act for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after
selection, to the appropriate agencies to be administered in
accordance with chapter 53 of title 49, United States Code:
Provided further, That for amounts made available under this
heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include
any holding company of a Class II railroad or Class III
railroad (as those terms are defined in section 20102 of
title 49, United States Code): Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not
apply to amounts made available under this heading in this
Act: Provided further, That section 22907(e)(1)(A) of title
49, United States Code, shall not apply to amounts made
available under this heading in previous fiscal years if such
funds are announced in a notice of funding opportunity that
includes funds made available under this heading in this Act:
Provided further, That the preceding proviso shall not apply
to funds made available under this heading in the
Infrastructure Investment and Jobs Act (division J of Public
Law 117-58): Provided further, That unobligated balances
remaining after 6 years from the date of enactment of this
Act may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the
amounts made available under this heading in this Act for the
costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 22101(a) of the Infrastructure Investment and Jobs
Act (Public Law 117-58), $1,260,000,000, to remain available
until expended: Provided, That the Secretary may retain up to
one-half of 1 percent of the amounts made available under
both this heading in this Act and the ``National Network
Grants to the National Railroad Passenger Corporation''
heading in this Act to fund the costs of project management
and oversight of activities authorized by section 22101(c) of
the Infrastructure Investment and Jobs Act (Public Law 117-
58): Provided further, That in addition to the project
management oversight funds authorized under section 22101(c)
of the Infrastructure Investment and Jobs Act (Public Law
117-58), the Secretary may retain up to an additional
$5,000,000 of the amounts made available under this heading
in this Act to fund expenses associated with the Northeast
Corridor Commission established under section 24905 of title
49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
22101(b) of the Infrastructure Investment and Jobs Act
(division B of Public Law 117-58), $1,193,000,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $3,000,000 of the funds provided
under this heading in this Act to fund expenses associated
with the State-Supported Route Committee established under
section 24712 of title 49, United States Code: Provided
further, That at least $50,000,000 of the amount provided
under this heading in this Act shall be available for the
development, installation and operation of railroad safety
improvements, including the implementation of a positive
train control system, on State-supported routes as defined
under section 24102(13) of title 49, United States Code, on
which positive train control systems are not required by law
or regulation as identified on or before the date of
enactment of this Act: Provided further, That any unexpended
balances from amounts provided under this heading in this Act
and in prior fiscal years for the development, installation
and operation of railroad safety technology on State-
supported routes on which positive train control systems are
not required by law or regulation shall also be available for
railroad safety improvements on State-supported routes as
identified on or before the date of enactment of Public Law
117-103: Provided further, That none of the funds provided
under this heading in this Act shall be used by Amtrak to
give notice under subsection (a) or (c) of section 24706 of
title 49, United States Code, with respect to long-distance
routes (as defined in section 24102 of title 49, United
States Code) on which Amtrak is the sole operator on a host
railroad's line and a positive train control system is not
required by law or regulation, or, except in an emergency or
during maintenance or construction outages impacting such
routes, to otherwise discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on
any portion of such route operated in fiscal year 2018,
including implementation of service permitted by section
24305(a)(3)(A) of title 49, United States Code, in lieu of
rail service: Provided further, That the National Railroad
Passenger Corporation may use up to $66,000,000 of the
amounts made available under this heading in this Act to
support planning and capital costs, and operating assistance
consistent with the Federal funding limitations under section
22908 of title 49, United States Code, of corridors selected
under section 25101 of title 49, United States Code, that are
operated by the National Railroad Passenger Corporation.
administrative provisions--federal railroad administration
(including rescission)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Sec. 151. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of
award, administration, and project management oversight of
financial assistance which are administered by the Federal
Railroad Administration, in this and prior Acts, may be
transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance''
account for the necessary expenses to support the award,
administration, project management oversight, and technical
assistance of financial assistance administered by the
Federal Railroad Administration, in the same manner as
appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously
designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 152. Amounts made available under the heading
``Department of Transportation--Federal Railroad
Administration--Restoration and Enhancement'' in any prior
fiscal years are subject to the requirements of section 22908
of title 49, United States Code, as in effect on the
effective date of the Infrastructure Investment and Jobs Act
(Public Law 117-58).
Sec. 153. Section 802 of title VIII of division J of
Public Law 117-58 is amended--
(1) in the first proviso, by inserting ``that could be''
after ``amounts''; and
(2) in the second proviso, by inserting ``that could be''
after ``amounts'':
Provided, That amounts repurposed by the amendments made by
this section that were previously designated by the Congress
as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 or a concurrent
resolution on the budget are designated as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on
June 8, 2022.
Sec. 154. Of the unobligated balances of funds remaining
from--
(1) ``Rail Line Relocation and Improvement Program''
account totaling $1,811,124.16 appropriated by Public Law
112-10 is hereby permanently rescinded; and
(2) ``Railroad Safety Grants'' account totaling
$1,610,000.00 appropriated by Public Law 114-113 is hereby
permanently rescinded.
Sec. 155. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the preceding proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later
than 60 days after the date of enactment of this Act, a
summary of all overtime payments incurred by Amtrak for 2022
and the 3 prior calendar years: Provided further, That such
summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2022 and
for the 3 prior calendar years.
Sec. 156. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May
1, 2019.
Sec. 157. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
[[Page H10257]]
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United
States Code).
Sec. 158. State-supported routes operated by Amtrak.
Section 24712(a) of title 49, United States Code, is hereby
amended by inserting after section 24712(a)(7) the
following--
``(8) Staffing.--The Committee may--
``(A) appoint, terminate, and fix the compensation of an
executive director and other Committee employees necessary
for the Committee to carry out its duties; and
``(B) enter into contracts necessary to carry out its
duties, including providing Committee employees with
retirement and other employee benefits under the condition
that Non-Federal members or officers, the executive director,
and employees of the Committee are not Federal employees for
any purpose.
``(9) Authorization of appropriations.--Amounts made
available by the Secretary of Transportation for the
Committee may be used to carry out this section.''.
Sec. 159. For an additional amount for ``Consolidated Rail
Infrastructure and Safety Improvements'', $25,000,000, to
remain available until expended, for projects selected in
response to the Notice of Funding Opportunity published by
the Federal Railroad Administration on August 19, 2019 (84 FR
42979), and where a grant for the project was obligated after
June 1, 2021 and remains open: Provided, That sponsors of
projects eligible for funds made available under this heading
in this section shall provide sufficient written
justification describing, at a minimum, the current project
cost estimate, why the project cannot be completed with the
obligated grant amount, and any other relevant information,
as determined by the Secretary: Provided further, That funds
made available under this section shall be allocated to
projects eligible to receive funding under this section in
order of the date the grants were obligated: Provided
further, That the allocation under the preceding proviso will
be for the amounts necessary to cover increases to eligible
project costs since the grant was obligated, based on the
information provided: Provided further, That the amounts made
available under this section shall not be part of the Federal
share of total project costs under section 22907(h)(2) of
title 49, United States Code: Provided further, That the
Federal Railroad Administration shall provide the amounts
allocated to projects under this section no later than 90
days after the date the sufficient written justifications
required under this section have been submitted.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as
amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act,
$13,634,000,000, to be derived from the Mass Transit Account
of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the
implementation or execution of programs authorized under 49
U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6),
5334, 5335, 5337, 5339, and 5340, as amended by the
Infrastructure Investment and Jobs Act, section 20005(b) of
Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, shall not exceed total
obligations of $13,634,000,000 in fiscal year 2023.
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339(b) of title 49, United States Code,
low or no emission grants under section 5339(c) of such
title, ferry boats grants under section 5307(h) of such
title, bus testing facilities under section 5318 of such
title, innovative mobility solutions grants under section
5312 of such title, accelerating innovative mobility
initiative grants under section 5312 of such title,
accelerating the adoption of zero emission buses under
section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities
eligible under chapter 53 of such title, and ferry service
for rural communities under section 71103 of division G of
Public Law 117-58, $541,959,324, to remain available until
expended: Provided, That of the sums provided under this
heading in this Act--
(1) $90,000,000 shall be available for buses and bus
facilities competitive grants as authorized under section
5339(b) of such title;
(2) $50,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $750,000;
(3) $15,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided,
That of the amounts provided under this paragraph, no less
than $5,000,000 shall be available for low or zero emission
ferries or ferries using electric battery or fuel cell
components and the infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(5) $360,459,324 shall be available for the purposes, and
in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That unless otherwise specified,
applicable requirements under chapter 53 of title 49, United
States Code, shall apply to amounts made available in this
paragraph, except that the Federal share of the costs for a
project in this paragraph shall be in an amount equal to 80
percent of the net costs of the project, unless the Secretary
approves a higher maximum Federal share of the net costs of
the project consistent with administration of similar
projects funded under chapter 53 of title 49, United States
Code;
(6) $17,500,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 20 miles
between the two rural areas and is not otherwise eligible
under section 5307(h) of title 49, United States Code:
Provided further, That entities that provide eligible service
pursuant to the preceding proviso may use amounts made
available in this paragraph for public transportation capital
projects to support any ferry service between two rural
areas: Provided further, That entities eligible for amounts
made available in this paragraph shall only provide ferry
service to rural areas;
(7) $1,000,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized
under section 5312 of title 49, United States Code: Provided,
That such amounts shall be available for competitive grants
or cooperative agreements for the development of software to
facilitate the provision of demand-response public
transportation service that dispatches public transportation
fleet vehicles through riders mobile devices or other
advanced means: Provided further, That the Secretary shall
evaluate the potential for software developed with grants or
cooperative agreements to be shared for use by public
transportation agencies;
(8) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall be
available for competitive grants to improve mobility and
enhance the rider experience with a focus on innovative
service delivery models, creative financing, novel
partnerships, and integrated payment solutions in order to
help disseminate proven innovation mobility practices
throughout the public transportation industry; and
(9) $5,000,000 shall be available to support technical
assistance, research, demonstration, or deployment activities
or projects to accelerate the adoption of zero emission buses
in public transit as authorized under section 5312 of title
49, United States Code:
Provided further, That amounts made available under this
heading in this Act shall be derived from the general fund:
Provided further, That amounts made available under this
heading in this Act shall not be subject to any limitation on
obligations for transit programs set forth in this or any
other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title
49, United States Code, $7,500,000, to remain available until
September 30, 2024: Provided, That the assistance provided
under this heading does not duplicate the activities of
section 5311(b) or section 5312 of title 49, United States
Code: Provided further, That amounts made available under
this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts
made available under this heading shall not be subject to any
limitation on obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94),
$2,210,000,000, to remain available until expended: Provided,
That of the sums appropriated under this heading in this
Act--
(1) $1,772,900,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) $100,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $215,000,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) $100,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the Secretary shall continue to
administer the capital investment grants program in
accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of
section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that
receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under
section 3005(b) of the Fixing America's Surface
Transportation Act shall be deemed eligible for funding
provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such
section: Provided further, That such funding shall not exceed
the Federal share under section 3005(b): Provided further,
That upon submission to the Congress of the fiscal year 2024
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on capital investment
grants, including proposed allocations for fiscal year 2024.
[[Page H10258]]
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants.
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Capital Investment Grants'' of the Federal Transit
Administration for projects specified in this Act not
obligated by September 30, 2026, and other recoveries, shall
be directed to projects eligible to use the funds for the
purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2022, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project
advancement or approval for any project seeking a Federal
contribution from the capital investment grants program of
greater than 40 percent of project costs as authorized under
section 5309 of title 49, United States Code.
Sec. 165. For an additional amount for ``Department of
Transportation--Federal Transit Administration--Capital
Investment Grants'', $425,000,000, to remain available until
expended, for allocation to recipients with existing full
funding grant agreements under sections 5309(d) and 5309(e)
of title 49, United States Code: Provided, That allocations
shall be made only to recipients--
(1) that have received allocations for fiscal year 2022 or
that have expended 100 percent of the funds allocated under
section 3401(b)(4) of the American Rescue Plan Act of 2021
(Public Law 117-2); and
(2) that have a non-capital investment grant share of at
least $800,000,000 and either a capital investment grant
share of 40 percent or less or signed a full funding grant
agreement between January 20, 2017 and January 20, 2021; and
(3) that have expended at least 75 percent of the
allocations received under paragraph (4) of section 3401(b)
of the American Rescue Plan Act of 2021 (Public Law 117-2) or
expended at least 50 percent of the Federal operating
assistance allocations received under section 5307 of title
49, United States Code, in the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), the Coronavirus
Response and Relief Supplemental Appropriations Act, 2021
(division M of Public Law 116-260), or the American Rescue
Plan Act of 2021 (Public Law 117-2):
Provided further, That recipients with projects open for
revenue service shall not be eligible to receive an
allocation of funding under this section: Provided further,
That amounts shall be provided to recipients proportionally
based on the non-capital investment grant share of the
project: Provided further, That no project may receive an
allocation of more than 15 percent of the total amount in
this section: Provided further, That the Secretary shall
proportionally distribute funds in excess of such 15 percent
to recipients for which the percent of funds does not exceed
15 percent: Provided further, That amounts allocated pursuant
to this section shall be provided to eligible recipients
notwithstanding the limitation of any calculation of the
maximum amount of Federal financial assistance for the
project under section 5309(k)(2)(C)(ii) of title 49, United
States Code: Provided further, That the Federal Transit
Administration shall allocate amounts under this section no
later than 30 days after the date of enactment of this Act.
Sec. 166. (a) The remaining unobligated balances, as of
September 30, 2023, from amounts made available to the
Department of Transportation in section 422 under title IV of
division L of the Consolidated Appropriations Act, 2022
(Public Law 117-103) are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2023, for
an additional amount for fiscal year 2023, to remain
available until September 30, 2025, and shall be available
for the same purposes and under the same authorities for
which such amounts were originally provided in the
Consolidated Appropriations Act, 2019 (Public Law 116-6).
(b) The remaining unobligated balances, as of September 30,
2023, from amounts made available to the Department of
Transportation under the heading ``Federal Transit
Administration--Capital Investment Grants'' in division H of
the Further Consolidated Appropriations Act, 2020 (Public Law
116-94) are hereby rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2023, for an additional amount
for fiscal year 2023, to remain available until September 30,
2025, and shall be available for the same purposes and under
the same authorities for which such amounts were originally
provided in Public Law 116-94.
Sec. 167. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component
assessment under 49 U.S.C. 5312(h) under the headings
``Transit Formula Grants'' and ``Transit Infrastructure
Grants'' in fiscal years 2021 and 2022 may be used by the
facilities selected for such vehicle component assessment for
capital projects in order to build new infrastructure and
enhance existing facilities in order to expand component
testing capability, in accordance with the industry
stakeholder testing objectives and capabilities as outlined
through the work of the Federal Transit Administration
Transit Vehicle Innovation and Deployment Centers program and
included in the Center for Transportation and the Environment
report submitted to the Federal Transit Administration for
review.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation
is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Great Lakes St. Lawrence Seaway Development
Corporation, $38,500,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided,
That of the amounts made available under this heading, not
less than $14,800,000 shall be for the seaway infrastructure
program.
Maritime Administration
maritime security program
(including rescission of funds)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of
the United States, $318,000,000, to remain available until
expended: Provided, That of the unobligated balances from
prior year appropriations available under this heading,
$55,000,000 are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $10,000,000, to
remain available until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under
section 53406 of title 46, United States Code, $60,000,000,
to remain available until expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $213,181,000: Provided, That of
the sums appropriated under this heading--
(1) $87,848,000 shall remain available until September 30,
2024, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $31,921,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine
Academy;
(4) $6,000,000 shall remain available until September 30,
2024, for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $10,000,000 shall remain available until expended, for
the America's Marine Highway Program to make grants for the
purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for fiscal year 2017 (46
U.S.C. 51318): Provided further, That available balances
under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) from
prior year recoveries shall be available to carry out
activities authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $120,700,000:
Provided, That of the sums appropriated under this heading--
(1) $30,500,000 shall remain available until expended, for
maintenance, repair, life extension, insurance, and capacity
improvement of National Defense Reserve Fleet training ships,
and
[[Page H10259]]
for support of training ship operations at the State Maritime
Academies, of which not more than $8,000,000 shall be for
expenses related to training mariners, and for costs
associated with training vessel sharing pursuant to section
51504(g)(3) of title 46, United States Code, for costs
associated with mobilizing, operating and demobilizing the
vessel; travel costs for students, faculty and crew; and the
costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $75,000,000 shall remain available until expended, for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design
of school ships and, as determined by the Secretary,
necessary expenses to design, plan, construct infrastructure,
and purchase equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September 30,
2027, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2024, for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under
paragraph (2) and the funds provided for shoreside
infrastructure improvements in Public Law 117-103 for the
purposes described in paragraph (2): Provided further, That
such funds may be used to reimburse State Maritime Academies
for costs incurred prior to the date of enactment of this
Act.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $20,000,000,
to remain available until expended.
ship disposal
(including rescission of funds)
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000, to remain available until
expended: Provided, That of the unobligated balances from
prior year appropriations made available under this heading,
$12,000,000 are hereby permanently rescinded.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged with the appropriations for ``Maritime
Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 54301 of title 46, United States Code,
$212,203,512, to remain available until expended: Provided,
That projects eligible for amounts made available under this
heading in this Act shall be projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided further,
That of the amounts made available under this heading in this
Act, not less than $187,203,512 shall be for coastal seaports
or Great Lakes ports: Provided further, That the requirements
under section 3501(a)(12) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81)
shall apply to amounts made available under this heading in
this Act: Provided further, That for grants awarded under
this heading in this Act, the minimum grant size shall be
$1,000,000: Provided further, That for amounts made available
under this heading in this Act, the requirement under section
54301(a)(6)(A)(ii) of title 46, United States Code, shall not
apply to projects located in noncontiguous States or
territories.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be deposited into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $29,936,000, of
which $4,500,000 shall remain available until September 30,
2025.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $70,743,000, of which $12,070,000
shall remain available until September 30, 2025, of which
$1,000,000 shall be made available for carrying out section
5107(i) of title 49, United States Code: Provided, That up to
$800,000 in fees collected under section 5108(g) of title 49,
United States Code, shall be deposited in the general fund of
the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $190,385,000, to remain available until September
30, 2025, of which $29,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $153,985,000 shall be
derived from the Pipeline Safety Fund; of which $400,000
shall be derived from the fees collected under section 60303
of title 49, United States Code, and deposited in the
Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $7,000,000
shall be derived from fees collected under section 60302 of
title 49, United States Code, and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out section 60141 of title 49, United
States Code: Provided, That not less than $1,058,000 of the
amounts made available under this heading shall be for the
One-Call State grant program: Provided further, That any
amounts made available under this heading in this Act or in
prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements
(``OTAs'') shall require written notification to the House
and Senate Committees on Appropriations not less than 3 full
business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the
Secretary shall transmit to the House and Senate Committees
on Appropriations the report on pipeline safety testing
enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts
made available under this heading to engineer, erect, alter,
and repair buildings or make any other public improvements
for research facilities at the Transportation Technology
Center after the Secretary submits an updated research plan
and the report in the preceding proviso to the House and
Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and
Senate Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2025, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e),
and 5108(g)(2) of title 49, United States Code: Provided
further, That notwithstanding subsections (b) and (c) of
section 5128 of title 49, United States Code, and the
limitation on obligations provided under this heading, prior
year recoveries recognized in the current year shall be
available to develop and deliver hazardous materials
emergency response training for emergency responders,
including response activities for the transportation of crude
oil, ethanol, flammable liquids, and other hazardous
commodities by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C),
5116(h), 5116(i), 5116(j), and 5107(e) of title 49, United
States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $108,073,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App.), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of
Transportation or an operating administration of the
Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of
enactment of this Act shall be deemed authorized by Congress
as if this provision was in effect when the system was
purchased, procured, or contracted for.
[[Page H10260]]
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by
this Act shall disseminate personal information (as defined
in section 2725(3) of title 18, United States Code) obtained
by a State department of motor vehicles in connection with a
motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of
title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee
if a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act
shall be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117-58 to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, letter of intent, federally funded
cooperative agreement, full funding grant agreement, or
discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project
competitively selected to receive any discretionary grant
award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is
announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide
the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines
of credit, letters of intent, federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants prior to the notification required under the preceding
proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor
fees, and other funds received by the Department of
Transportation from travel management centers, charge card
programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the
Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and
equitable criteria and such funds shall be available until
expended.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and such reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days after the date on
which the reprogramming action has been approved or denied by
the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-
to-date and shall ensure that systems procured with funds
provided under this title were procured using such practices.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $18,500,000, to remain
available until September 30, 2024: Provided, That not to
exceed $25,000 of the amount made available under this
heading shall be available to the Secretary of Housing and
Urban Development (referred to in this title as ``the
Secretary'') for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $659,600,000, to remain available until
September 30, 2024: Provided, That of the sums appropriated
under this heading--
(1) $90,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $125,000,000 shall be available for the Office of the
General Counsel, of which not less than $20,300,000 shall be
for the Departmental Enforcement Center;
(3) $225,000,000 shall be available for the Office of
Administration, of which not less than $3,500,000 may be for
modernization and deferred maintenance of the Weaver
Building;
(4) $51,500,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $28,000,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $65,500,000 shall be available for the Office of Field
Policy and Management;
(7) $4,600,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this
heading may be used for necessary administrative and non-
administrative expenses of the Department, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may
be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$1,054,300,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $278,200,000 shall be available for the Office of
Public and Indian Housing;
(2) $163,400,000 shall be available for the Office of
Community Planning and Development;
(3) $465,000,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $39,600,000 shall be available for the Office of Policy
Development and Research;
(5) $97,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,100,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by
offices and agencies of the Department, and for any such
portion of any office or agency's printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not
[[Page H10261]]
be available to provide services not specifically authorized
under this heading: Provided further, That upon a
determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be
provided through the Fund, amounts made available in this
title for salaries and expenses under the headings
``Executive Offices'', ``Administrative Support Offices'',
``Program Offices'', and ``Government National Mortgage
Association'', for such services shall be transferred to the
Fund, to remain available until expended: Provided further,
That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such
transfers at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise provided for,
$23,599,532,000, to remain available until expended, which
shall be available on October 1, 2022 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2022), and
$4,000,000,000, to remain available until expended, which
shall be available on October 1, 2023: Provided, That of the
sums appropriated under this heading--
(1) $23,748,420,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2023 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection and Choice
Neighborhoods vouchers: Provided further, That none of the
funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the Moving to Work (MTW) demonstration, which are instead
governed in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2023: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2023 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2022 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2023 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the preceding two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations: Provided
further, That up to $200,000,000 shall be available only:
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for
a funding obligation not yet expended in the previous
calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW
demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of their
authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing agency
after the agency's actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units
that are demolished or disposed of pursuant to section 18 of
the Act, conversion of section 23 projects to assistance
under section 8, relocation of witnesses (including victims
of violent crimes) in connection with efforts to combat crime
in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph
for units assisted under a project-based subsidy contract
funded under the ``Project-Based Rental Assistance'' heading
under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety risk
to residents: Provided further, That of the amounts made
available under this paragraph, no less than $5,000,000 may
be available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the Act: Provided further, That any
tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received
any such voucher no longer receives such voucher, and the
authority for any public housing agency to issue any such
voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the
availability of funds;
(3) $2,777,612,000 shall be available for administrative
and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance
program, of which up to $30,000,000 shall be available to the
Secretary to allocate to public housing agencies that need
additional funds to administer their section 8 programs,
including fees associated with section 8 tenant protection
rental assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$2,747,612,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2023 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the preceding proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
[[Page H10262]]
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $606,500,000 shall be available for the renewal of
tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses: Provided,
That administrative and other expenses of public housing
agencies in administering the special purpose vouchers in
this paragraph shall be funded under the same terms and be
subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to public
housing agencies under paragraph (3) of this heading:
Provided further, That up to $10,000,000 shall be available
only--
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result of
insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up to
$7,500,000 shall be available for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under the Tribal
HUD-VASH program under prior Acts to existing recipients
under the Tribal HUD-VASH program;
(6) $50,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing
program administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19) of the
United States Housing Act of 1937: Provided, That the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance,
and other factors as specified by the Secretary of Housing
and Urban Development in consultation with the Secretary of
the Department of Veterans Affairs: Provided further, That
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That assistance
made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over: Provided
further, That of the total amount made available under this
paragraph, up to $10,000,000 may be for additional fees
established by and allocated pursuant to a method determined
by the Secretary for administrative and other expenses
(including those eligible activities defined by notice to
facilitate leasing, such as security deposit assistance and
costs related to the retention and support of participating
owners) of public housing agencies in administering HUD-VASH
vouchers;
(7) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be available for new incremental
voucher assistance: Provided, That the assistance made
available under this subparagraph shall continue to remain
available for family unification upon turnover; and
(B) $25,000,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by
such section 8(x)(2)(B) of the Act: Provided, That assistance
made available under this subparagraph shall continue to
remain available for such eligible youth upon turnover:
Provided further, That of the total amount made available
under this subparagraph, up to $15,000,000 shall be available
on a noncompetitive basis to public housing agencies that
partner with public child welfare agencies to identify such
eligible youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria as
specified by the Secretary: Provided further, That the
Secretary shall review utilization of the assistance made
available under the preceding proviso, at an interval to be
determined by the Secretary, and unutilized voucher
assistance that is no longer needed shall be recaptured by
the Secretary and reallocated pursuant to the preceding
proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program, or made available and
competitively selected under this paragraph, that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and
the Secretary shall recapture such assistance from the agency
and reallocate it to any other public housing agency or
agencies based on need for voucher assistance in connection
with such specified program or eligible youth, as applicable;
(8) $50,000,000 shall be available for new incremental
voucher assistance under section 8(o) of the Act to be
allocated pursuant to a method, as determined by the
Secretary, which may include a formula that may include such
factors as severe cost burden, overcrowding, substandard
housing for very low-income renters, homelessness, and
administrative capacity, where such allocation method shall
include both rural and urban areas: Provided, That the
Secretary may specify additional terms and conditions to
ensure that public housing agencies provide vouchers for use
by survivors of domestic violence, or individuals and
families who are homeless, as defined in section 103(a) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a)), or at risk of homelessness, as defined in section
401(1) of such Act (42 U.S.C. 11360(1)); and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2023 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior fiscal years that have been terminated shall
be rescinded: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years
fiscal year 1975 through fiscal year 1987 are hereby
rescinded, and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth
under this heading, in addition to amounts otherwise
available.
public housing fund
For 2023 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)) (the ``Act''), and to carry out capital and
management activities for public housing agencies, as
authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,514,000,000, to remain available until
September 30, 2026: Provided, That of the sums appropriated
under this heading--
(1) $5,109,000,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2023 payments;
(2) $25,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in
[[Page H10263]]
section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding
proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary
shall provide bonus awards in fiscal year 2023 to public
housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act;
(4) $50,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs,
including safety and security measures necessary to address
crime and drug-related activity, as well as needs resulting
from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2023, of which $20,000,000 shall be available
for public housing agencies under administrative and judicial
receiverships or under the control of a Federal monitor:
Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2024, for
emergency capital needs have been processed, shall be
allocated to public housing agencies for such safety and
security measures;
(5) $65,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments,
abatement, and interim controls, as those terms are defined
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b)), carbon monoxide,
mold, radon, and fire safety: Provided, That not less than
$25,000,000 of the amounts provided under this paragraph
shall be awarded for evaluating and reducing lead-based paint
hazards: Provided further, That for purposes of environmental
review, a grant under this paragraph shall be considered
funds for projects or activities under title I of the Act for
purposes of section 26 of the Act (42 U.S.C. 1437x) and shall
be subject to the regulations implementing such section:
Provided further, That amounts made available under this
paragraph shall be combined with amounts made available under
the sixth paragraph under this heading in the Consolidated
Appropriations Act, 2021 (Public Law 116-260) and shall be
used in accordance with the purposes and requirements under
this paragraph;
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title; and
(7) $50,000,000 shall be available to support ongoing
public housing financial and physical assessment activities:
Provided further, That notwithstanding any other provision of
law or regulation, during fiscal year 2023, the Secretary of
Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public
assets, transportation, and access to jobs, $350,000,000, to
remain available until September 30, 2027: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That not
more than 20 percent of the amount of any grant made with
amounts made available under this heading may be used for
necessary supportive services notwithstanding subsection
(d)(1)(L) of such section 24: Provided further, That the use
of amounts made available under this heading shall not be
deemed to be for public housing, notwithstanding section
3(b)(1) of such Act: Provided further, That grantees shall
commit to an additional period of affordability determined by
the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other
Federal, or private funds: Provided further, That grantees
may include local governments, Tribal entities, public
housing agencies, and nonprofit organizations: Provided
further, That for-profit developers may apply jointly with a
public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the
regulations issued by the Secretary to implement such
section: Provided further, That of the amounts made available
under this heading, not less than $175,000,000 shall be
awarded to public housing agencies: Provided further, That
such grantees shall create partnerships with other local
organizations, including assisted housing owners, service
agencies, and resident organizations: Provided further, That
the Secretary shall consult with the Secretaries of
Education, Labor, Transportation, Health and Human Services,
Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to
coordinate and leverage other appropriate Federal resources:
Provided further, That not more than $10,000,000 of the
amounts made available under this heading may be provided as
grants to undertake comprehensive local planning with input
from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from
amounts made available under the heading ``Revitalization of
Severely Distressed Public Housing (HOPE VI)'' in fiscal year
2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That the
Secretary shall make grant awards not later than 1 year after
the date of enactment of this Act in such amounts that the
Secretary determines: Provided further, That notwithstanding
section 24(o) of the United States Housing Act of 1937 (42
U.S.C. 1437v(o)), the Secretary may, until September 30,
2023, obligate any available unobligated balances made
available under this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2026,
$175,000,000: Provided, That of the sums appropriated under
this heading--
(1) $125,000,000 shall be available for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u), to promote the development of
local strategies to coordinate the use of assistance under
sections 8 and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency;
(2) $35,000,000 shall be available for the Resident
Opportunity and Self-Sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided, That amounts made
available under this paragraph may be used to renew Resident
Opportunity and Self-Sufficiency program grants to allow the
public housing agency, or a new owner, to continue to serve
(or restart service to) residents of a project with
assistance converted from public housing to project-based
rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or assistance under
section 8(o)(13) of such Act under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a Jobs-Plus
Initiative, modeled after the Jobs-Plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between
public housing authorities, local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
Initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days
before the effective date of such notice.
native american programs
(including rescission)
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et
seq.), title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
tribes, and related training and technical assistance,
$1,020,000,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading--
(1) $787,000,000 shall be available for the Native American
Housing Block Grants program,
[[Page H10264]]
as authorized under title I of NAHASDA: Provided, That,
notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian tribe,
the Secretary shall apply the formula under section 302 of
such Act with the need component based on single-race census
data and with the need component based on multi-race census
data, and the amount of the allocation for each Indian tribe
shall be the greater of the two resulting allocation amounts:
Provided further, That the Secretary shall notify grantees of
their formula allocation not later than 60 days after the
date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants
to eligible recipients authorized under NAHASDA that apply
for funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That a grant funded pursuant to
this paragraph shall be in an amount not greater than
$7,500,000: Provided further, That any amounts transferred
for the necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in
prior Acts may also be used for the necessary costs of
administering and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided, That such costs, including the
cost of modifying such notes and other obligations, shall be
as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of such
guaranteed notes and other obligations that are unobligated,
including recaptures and carryover, shall be available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $50,000,000, to remain available until September 30,
2024: Provided further, That any remaining loan guarantee
limitation authorized for this program in fiscal year 2020 or
prior fiscal years is hereby rescinded;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and
Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), not
more than $5,000,000 may be used for emergencies that
constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts
made available in this paragraph shall be expended for
planning and management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related
to amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the amounts
made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding chapter 63 of title
31, United States Code (commonly known as the Federal Grant
and Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
(including rescission)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,521,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That amounts made available in this and
prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a), that are unobligated, including
recaptures and carryover, shall be available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $1,400,000,000, to remain available until
September 30, 2024: Provided further, That any remaining loan
guarantee limitation authorized under this heading in fiscal
year 2020 or prior fiscal years is hereby rescinded: Provided
further, That any amounts determined by the Secretary to be
unavailable are hereby returned to the General Fund of the
Treasury.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $22,300,000, to remain available until September
30, 2027: Provided, That notwithstanding section 812(b) of
such Act, the Department of Hawaiian Home Lands may not
invest grant amounts made available under this heading in
investment securities and other obligations: Provided
further, That amounts made available under this heading in
this and prior fiscal years may be used to provide rental
assistance to eligible Native Hawaiian families both on and
off the Hawaiian Home Lands, notwithstanding any other
provision of law: Provided further, That up to $1,000,000 of
the amounts made available under this heading shall be for
training and technical assistance related to amounts made
available under this heading and other headings in this Act
for the needs of Native Hawaiians and the Department of
Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by
section 184A of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b), any part of which is to be
guaranteed, shall not exceed $28,000,000 in total loan
principal, to remain available until September 30, 2024:
Provided, That the Secretary may enter into commitments to
guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $499,000,000, to remain
available until September 30, 2024, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2025: Provided, That the
Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development fund
For assistance to States and units of general local
government, and other entities, for economic and community
development activities, and other purposes, $6,397,285,641,
to remain available until September 30, 2026: Provided, That
of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.) (in this heading ``the Act''):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
paragraph may not sell, trade, or otherwise transfer all or
any portion of such funds to another such entity in exchange
for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title
I of the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance
with guidelines required under subsection (e)(2) of section
105;
(2) $85,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation:
Provided, That eligible uses of such grants include
activities to further develop, evaluate, and implement
housing policy plans, improve housing strategies, and
facilitate affordable housing production and preservation:
Provided further, That the Secretary shall prioritize
applicants that are able to (A) demonstrate progress and a
commitment to overcoming local barriers to facilitate the
increase in affordable housing production and preservation;
and (B) demonstrate an acute demand for housing affordable to
households with incomes below 100 percent of the area median
income: Provided further, That funds allocated for such
grants shall not adversely affect the amount of any formula
assistance received by a jurisdiction under paragraph (1) of
this heading: Provided further, That in administering such
amounts the Secretary may waive or specify alternative
requirements for any provision of such title I except for
requirements related to fair housing, nondiscrimination,
labor standards, the environment, and requirements that
activities benefit persons of low- and moderate-income, upon
a finding that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such
amounts;
(3) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely
affect the amount of any formula assistance received
[[Page H10265]]
by a State under paragraph (1) of this heading: Provided
further, That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding
formula published in 84 FR 16027 (April 17, 2019) except that
the formula shall use age-adjusted rates of drug overdose
deaths for 2020 based on data from the Centers for Disease
Control and Prevention; and
(4) $2,982,285,641 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and
in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That eligible expenses of such
grants may include administrative, planning, operations and
maintenance, and other costs: Provided further, That such
grants for the EDI shall be available for reimbursement of
otherwise eligible expenses incurred on or after the date of
enactment of this Act and prior to the date of grant
execution: Provided further, That none of the amounts made
available under this paragraph for grants for the EDI shall
be used for reimbursement of expenses incurred prior to the
date of enactment of this Act: Provided further, That grants
for the EDI authorized under this heading in the Department
of Housing and Urban Development Appropriations Act, 2022
(Public Law 117-103) shall also be available for
reimbursement of otherwise eligible expenses (including those
eligible expenses identified in the first proviso of this
paragraph) incurred on or after the date of enactment of such
Act and prior to the date of grant execution, and shall not
be subject to the second proviso under such heading in such
Act:
Provided further, That for amounts made available under
paragraphs (1) and (3), the Secretary shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2023, commitments to
guarantee loans under section 108 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308), any part
of which is guaranteed, shall not exceed a total principal
amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in
subsection (k) of such section 108: Provided, That the
Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit
subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$1,500,000,000, to remain available until September 30, 2026:
Provided, That notwithstanding section 231(b) of such Act (42
U.S.C. 12771(b)), all unobligated balances remaining from
amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made
available under this heading and allocated in accordance with
the formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall
notify grantees of their formula allocations within 60 days
after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its
HOME Investment Trust Fund that otherwise expired or would
expire in any calendar year from 2016 through 2025 under that
section: Provided further, That section 231(b) of such Act
(42 U.S.C. 12771(b)) shall not apply to any uninvested funds
that otherwise were deducted or would be deducted from the
line of credit in the participating jurisdiction's HOME
Investment Trust Fund in any calendar year from 2018 through
2025 under that section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize
manufactured housing and eligible manufactured housing
communities (including pre-1976 mobile homes) under title I
of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.), $225,000,000, to remain
available until September 30, 2027: Provided, That recipients
of grants provided with amounts made available under this
heading shall be States, units of general local government,
resident-owned manufactured housing communities,
cooperatives, nonprofit entities including consortia of
nonprofit entities, community development financial
institutions, Indian Tribes (as such term is defined in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4103)), or
other entities approved by the Secretary: Provided further,
That the Secretary may reserve an amount for Indian Tribes
within such competition: Provided further, That the Secretary
may approve entities for selection that partner with one or
several residents of such eligible communities or that
propose to implement a grant program that would assist
residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure,
planning, resident and community services (including
relocation assistance and eviction prevention), resiliency
activities, and providing other assistance to residents or
owners of manufactured homes, which may include providing
assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by
the Secretary, participation in this program shall not
encumber the future transfer of title or use of property by
the residents, owners, or communities: Provided further, That
when selecting recipients, the Secretary shall prioritize
applications that primarily benefit low- or moderately low-
income residents and preserve long-term housing affordability
for residents of manufactured housing or a manufactured
housing community: Provided further, That eligible
manufactured housing communities may include those that are--
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That, of the amounts made available under
this heading, $25,000,000 shall be for a pilot program for
the Secretary to provide grants to assist in the
redevelopment of manufactured housing communities (including
pre-1976 mobile homes) as replacement housing that is
affordable, as defined by the Secretary: Provided further,
That each such redevelopment project shall provide, for each
unit of single-family manufactured housing (including pre-
1976 mobile homes) replaced under the project, up to 4
dwelling units of such affordable housing: Provided further,
That the Secretary shall define eligible activities for grant
assistance under the pilot program, which may include
relocation assistance or buy-outs for residents of a
manufactured housing community or downpayment assistance for
such residents: Provided further, That the Secretary shall
require each grantee under the pilot program to supplement
the amount of the grant with non-Federal amounts exceeding 50
percent of the grant: Provided further, That resiliency
activities means the reconstruction, repair, or replacement
of manufactured housing and manufactured housing communities
to protect the health and safety of manufactured housing
residents and to address weatherization and energy efficiency
needs, except that for pre-1976 mobile homes, funds made
available under this heading may be used only for
replacement: Provided further, That the Secretary may waive
or specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of amounts made available under this
heading (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding that such waiver or alternative requirement is
necessary to facilitate the use of such amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805
note), and for related activities and assistance,
$62,500,000, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $13,500,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note), of which not less than $5,000,000 shall be for rural
capacity building activities: Provided, That for purposes of
awarding grants from amounts made available in this
paragraph, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations;
(3) $6,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
Tribes serving high need rural communities; and
(4) $1,000,000 shall be available for a program to
rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (38 U.S.C. 2101 note): Provided,
That the issuance of a Notice of Funding Opportunity for the
amounts made available in this paragraph shall be completed
not later than 120 days after enactment of this Act and such
amounts shall be awarded not later than 180 days after such
issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.), and for
related activities and assistance, $3,633,000,000, to remain
available until September 30, 2025: Provided, That of the
sums appropriated under this heading--
(1) $290,000,000 shall be available for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
[[Page H10266]]
(2) $3,154,000,000 shall be available for the Continuum of
Care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing
services: Provided further, That the Secretary may establish
by notice an alternative maximum amount for administrative
costs related to the requirements described in sections
402(f)(1) and 402(f)(2) of subtitle A of such title IV or no
more than 5 percent or $50,000, whichever is greater,
notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: Provided further, That of the
amounts made available for the Continuum of Care program
under this paragraph, not less than $52,000,000 shall be for
grants for new rapid re-housing projects and supportive
service projects providing coordinated entry, and for
eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided
further, That amounts made available for the Continuum of
Care program under this paragraph and any remaining
unobligated balances under this heading in prior Acts may be
used to competitively or non-competitively renew or replace
grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) $7,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements
Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be
used by the Secretary to enter into cooperative agreements
with such entities as may be determined by the Secretary,
including public and private organizations, agencies, and
institutions;
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving
homeless youth, age 24 and under, in up to 25 communities
with a priority for communities with substantial rural
populations in up to eight locations, can dramatically reduce
youth homelessness: Provided, That of the amount made
available under this paragraph, not less than $25,000,000
shall be for youth homelessness system improvement grants to
support communities, including but not limited to the
communities assisted under the matter preceding this proviso,
in establishing and implementing a response system for youth
homelessness, or for improving their existing system:
Provided further, That of the amount made available under
this paragraph, up to $10,000,000 shall be to provide
technical assistance to communities, including but not
limited to the communities assisted in the preceding proviso
and the matter preceding such proviso, on improving system
responses to youth homelessness, and collection, analysis,
use, and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made
available under the preceding proviso to build the capacity
of current technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness; and
(5) $75,000,000 shall be available for one-time awards
under the Continuum of Care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards may
be used for other Continuum of Care eligible activities
associated with such projects and not more than 10 percent of
such awards may be used for project administration: Provided,
That these amounts shall be awarded on a competitive basis,
based on need and other factors to be determined by the
Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations
and social service providers: Provided further, That not less
than $30,000,000 shall be awarded to applicants for projects
within States with populations less than 2,500,000, except
that if such amount is undersubscribed any remaining amounts
may be awarded to qualified applicants for projects in any
State: Provided further, That the grants for ongoing costs
associated with such projects shall be eligible for renewal
under the Continuum of Care program subject to the same terms
and conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to
provide third party documentation to establish their
eligibility under subsection (a) or (b) of section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
receive services: Provided further, That unaccompanied youth
aged 24 and under or families headed by youth aged 24 and
under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided
further, That persons eligible under section 103(a)(5) of the
McKinney-Vento Homeless Assistance Act may be served by any
project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further,
That for all matching funds requirements applicable to funds
made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as
a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That none of the funds made
available under this heading shall be available to provide
funding for new projects, except for projects created through
reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That any unobligated amounts remaining from funds
made available under this heading in fiscal year 2012 and
prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used
for purposes under this heading, notwithstanding the purposes
for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading in fiscal year 2019 or prior
years, except for rental assistance amounts that were
recaptured and made available until expended, shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $13,537,580,000, to remain available until
expended, shall be available on October 1, 2022 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2022), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2023: Provided, That the amounts made
available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for
renewal of section 8 contracts for units in projects that are
subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990,
and for administrative and other expenses associated with
project-based activities and assistance funded under this
heading: Provided further, That of the total amounts provided
under this heading, not to exceed $343,000,000 shall be
available for performance-based contract administrators for
section 8 project-based assistance, for carrying out 42
U.S.C. 1437(f): Provided further, That the Secretary may also
use such amounts in the preceding proviso for performance-
based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the
National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project
rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q);
project rental assistance contracts for supportive housing
for persons with disabilities under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667); and loans under section 202 of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing
finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account
and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the preceding
proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under
this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q),
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 5-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership
and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note),
and for supportive services associated with the housing,
[[Page H10267]]
$1,075,000,000 to remain available until September 30, 2026:
Provided, That of the amount made available under this
heading, up to $120,000,000 shall be for service coordinators
and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further,
That any funding for existing service coordinators under the
preceding proviso shall be provided within 120 days of
enactment of this Act: Provided further, That amounts made
available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of
section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project
funds that are held in residual receipts accounts for any
project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in
excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
to remain available until September 30, 2026: Provided
further, That amounts deposited in this account pursuant to
the preceding proviso shall be available, in addition to the
amounts otherwise provided by this heading, for the purposes
authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided
further, That of the total amount made available under this
heading, up to $25,000,000 shall be used to expand the supply
of intergenerational dwelling units (as such term is defined
in section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q
note)) for elderly caregivers raising children: Provided
further, That for the purposes of the preceding proviso the
Secretary may waive, or specify alternative requirements for,
any provision of section 202 of the Housing Act of 1959 (12
U.S.C. 1701q) in order to facilitate the development of such
units, except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available
under this heading, up to $6,000,000 shall be used by the
Secretary to support preservation transactions of housing for
the elderly originally developed with a capital advance and
assisted by a project rental assistance contract under the
provisions of section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to subsection
(h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development
Amendments of 1978 (Public Law 95-557: 92 Stat. 2090),
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
5-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized
under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services
associated with the housing for persons with disabilities as
authorized by section 811(b)(1) of such Act, $360,000,000, to
remain available until September 30, 2026: Provided, That
amounts made available under this heading shall be available
for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects:
Provided further, That, upon the request of the Secretary,
project funds that are held in residual receipts accounts for
any project subject to a section 811 project rental
assistance contract, and that upon termination of such
contract are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to remain available until September 30,
2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available
in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided
further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading shall be used for the current
purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $57,500,000, to
remain available until September 30, 2024, including up to
$4,500,000 for administrative contract services: Provided,
That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for
purposes of awarding grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $14,000,000 shall be
derived from the Manufactured Housing Fees Trust Fund
(established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount
appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 2023 so as to
result in a final fiscal year 2023 appropriation from the
general fund estimated at zero, and fees pursuant to such
section 620 shall be modified as necessary to ensure such a
final fiscal year 2023 appropriation: Provided further, That
for the dispute resolution and installation programs, the
Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall be
deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected
under section 620 of such Act, for necessary expenses of such
Act: Provided further, That, notwithstanding the requirements
of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the
use of approved service providers that are paid directly by
the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2024: Provided, That during fiscal year 2023, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $150,000,000, to remain
available until September 30, 2024: Provided further, That to
the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2023, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2023 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2024: Provided, That
during fiscal year 2023, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$900,000,000,000, to remain available until September 30,
2024: Provided, That $40,400,000, to remain available until
September 30, 2024, shall be for necessary salaries and
expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan
commitments exceed $155,000,000,000 on or before April 1,
2023, an additional $100 for necessary salaries and expenses
shall be available until expended for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000:
Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the
National Housing Act (12 U.S.C. 1716 et seq.) shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to
[[Page H10268]]
housing and urban problems, not otherwise provided for, as
authorized by title V of the Housing and Urban Development
Act of 1970 (12 U.S.C. 1701z-1 et seq.), including carrying
out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan
No. 2 of 1968, and for technical assistance, $125,400,000, to
remain available until September 30, 2024: Provided, That
with respect to amounts made available under this heading,
notwithstanding section 203 of this title, the Secretary may
enter into cooperative agreements with philanthropic
entities, other Federal agencies, State or local governments
and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research
projects: Provided further, That with respect to the
preceding proviso, such partners to the cooperative
agreements shall contribute at least a 50 percent match
toward the cost of the project: Provided further, That for
non-competitive agreements entered into in accordance with
the preceding two provisos, the Secretary shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note)
in lieu of compliance with section 102(a)(4)(C) of the
Department of Housing and Urban Development Reform Act of
1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation
of award decisions: Provided further, That prior to
obligation of technical assistance funding, the Secretary
shall submit a plan to the House and Senate Committees on
Appropriations on how the Secretary will allocate funding for
this activity at least 30 days prior to obligation: Provided
further, That none of the funds provided under this heading
may be available for the doctoral dissertation research grant
program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2025, shall be for
competitive grants to nonprofit or governmental entities to
provide legal assistance (including assistance related to
pretrial activities, trial activities, post-trial activities
and alternative dispute resolution) at no cost to eligible
low-income tenants at risk of or subject to eviction:
Provided further, That in awarding grants under the preceding
proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with
high rates of eviction, have experience providing no-cost
legal assistance to low-income individuals, including those
with limited English proficiency or disabilities, and have
sufficient capacity to administer such assistance: Provided
further, That the Secretary shall ensure, to the extent
practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant
funds made available under this heading is not less than the
overall proportion of eligible tenants who live in rural
areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $86,355,000, to remain available until September 30,
2024: Provided, That notwithstanding section 3302 of title
31, United States Code, the Secretary may assess and collect
fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made
available under this heading may be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $1,355,000 shall be available to the Secretary for
the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852), the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 and
1701z-2), and for related activities and assistance,
$410,000,000, to remain available until September 30, 2025:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $290,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $95,000,000
shall be provided to areas with the highest lead-based paint
abatement needs;
(2) $85,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research,
studies, testing, and demonstration efforts, including
education and outreach concerning lead-based paint poisoning
and other housing-related diseases and hazards, and
mitigating housing-related health and safety hazards in
housing of low-income families, of which--
(A) $5,000,000 shall be for the implementation of projects
in up to five communities that are served by both the Healthy
Homes Initiative and the Department of Energy weatherization
programs to demonstrate whether the coordination of Healthy
Homes remediation activities with weatherization activities
achieves cost savings and better outcomes in improving the
safety and quality of homes; and
(B) $30,000,000 shall be for grants to experienced non-
profit organizations, States, local governments, or public
housing agencies for safety and functional home modification
repairs and renovations to meet the needs of low-income
seniors to enable them to remain in their primary residence:
Provided, That of the total amount made available under this
subparagraph no less than $10,000,000 shall be available to
meet such needs in communities with substantial rural
populations;
(3) $5,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4854, 4854a);
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the
heading ``Research and Technology'' for the purposes of
conducting research and studies and for use in accordance
with the provisos under that heading for non-competitive
agreements;
(5) $25,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct lead
hazard screenings or lead-risk assessments during housing
quality standards inspections of units in which a family
receiving assistance under section 8(o) of the U.S. Housing
Act of 1937 (42 U.S.C. 1437f(o)) resides or expects to
reside, and has or expects to have a child under age 6
residing in the unit, while preserving rental housing
availability and affordability; and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the
radon demonstration shall be as specified by applicable State
or local law, if such law is more protective of human health
or the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental review,
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program, or other
demonstrations or programs under this heading or under prior
appropriations Acts for such purposes under this heading, or
under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a
special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That each applicant for a grant or
cooperative agreement under this heading shall certify
adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a notice of
funding opportunity: Provided further, That amounts made
available under this heading, except for amounts in paragraph
(2)(B) for home modification repairs and renovations, in this
or prior appropriations Acts, still remaining available, may
be used for any purpose under this heading notwithstanding
the purpose for which such amounts were appropriated if a
program competition is undersubscribed and there are other
program competitions under this heading that are
oversubscribed.
Information Technology Fund
For Department-wide and program-specific information
technology systems and infrastructure, $374,750,000, to
remain available until September 30, 2025, of which up to
$23,950,000 shall be for development, modernization, and
enhancement projects, including planning for such projects:
Provided, That not more than 10 percent of the funds made
available under this heading for development, modernization,
and enhancement may be obligated until the Secretary submits
and the House and Senate Committees on Appropriations approve
a plan that--
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances,
including carryover--
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project--
(A) the functional and performance capabilities to be
delivered and the mission benefits to be realized;
(B) the estimated life-cycle cost;
(C) key milestones to be met through the project end date,
including any identified system decommissioning;
(D) a description of the procurement strategy and
governance structure for the project and the number of HUD
staff and contractors supporting the project; and
(E) certification from the Chief Information Officer that
each project is compliant with the Department's enterprise
architecture, life-cycle management and capital planning and
investment control requirements:
Provided further, That not later than 30 days after the end
of each quarter, the Secretary shall submit an updated report
to the Committees on Appropriations of the House of
Representatives and the Senate summarizing the status, cost
and plan for all modernization projects; and for each major
modernization project with an approved project plan,
identifying--
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including
procurement), or functionality from the previously approved
project plan, reasons for such variances and estimated impact
on total life-cycle costs; and
(3) risks and mitigation strategies associated with ongoing
work.
[[Page H10269]]
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $146,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available by this Act may
be used during fiscal year 2023 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged
in solely for the purpose of achieving or preventing action
by a Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2023
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary shall provide quarterly reports to
the House and Senate Committees on Appropriations regarding
all uncommitted, unobligated, recaptured and excess funds in
each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget
information to these Committees upon request.
Sec. 208. None of the funds made available by this title
may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2023 and 2024, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or Federal requirements
for community integration and reduced concentration of
individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
[[Page H10270]]
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans
under paragraph (1) under the heading ``Native American
Programs'' in title II of this Act shall be allocated to the
same Native Alaskan housing block grant recipients that
received funds in fiscal year 2005, and only such recipients
shall be eligible to apply for funds made available under
paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2023, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other
Federal programs, the Secretary shall maintain any rental
assistance payments under section 8 of the United States
Housing Act of 1937 and other programs that are attached to
any dwelling units in the property. To the extent the
Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned
or having a mortgage held by the Secretary is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental
conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement
remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and
informed consent of the affected tenants and use of other
available remedies, such as partial abatements or
receivership. After disposition of any multifamily property
described in this section, the contract and allowable rent
levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy
under the operating fund formula shall not be exempt from
asset management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized
by sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d),(e)), the Secretary shall not impose
any requirement or guideline relating to asset management
that restricts or limits in any way the use of capital funds
for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under paragraph (1) or (2) of section
9(g).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National
Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2023,
notify the public through the Federal Register and other
means, as determined appropriate, of the issuance of a notice
of the availability of assistance or notice of funding
opportunity (NOFO) for any program or discretionary fund
administered by the Secretary that is to be competitively
awarded. Notwithstanding any other provision of law, for
fiscal year 2023, the Secretary may make the NOFO available
only on the Internet at the appropriate Government website or
through other electronic media, as determined by the
Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the headings
``Administrative Support Offices'' or ``Program Offices'' to
any other such office under such headings: Provided, That no
appropriation for any such office under such headings shall
be increased or decreased by more than 10 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide
notification to such Committees 3 business days in advance of
any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary, and comply with
any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a contract under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or a contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 59 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but shall not apply to such units assisted under section
8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the
Notice of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure
that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after
[[Page H10271]]
written notice to the affected tenants. To the extent the
Secretary determines, in consultation with the tenants and
the local government, that the property is not feasible for
continued rental assistance payments under such section 8 or
other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report semi-annually on all
properties covered by this section that are assessed through
the Real Estate Assessment Center and have UPCS physical
inspection scores of less than 60 or have received an
unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil
money penalties and termination of subsidies, and
identification of properties that have such conditions
multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be
submitted within 180 days of the transmittal of the first
report.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2023.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State,
locality, housing authority, Tribe, nonprofit organization,
or other entity selected to receive a grant award is
announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 222. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Association, or the Department
of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage
backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political
subdivision of a State.
Sec. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research
of the Department of Housing and Urban Development and
functions thereof, for research, evaluation, or statistical
purposes, and that are unexpended at the time of completion
of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year
for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject
to reprogramming requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to
the effective date of any such administrative discipline or
after any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2023 for the Continuum of Care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the continuum
of care and meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 229. None of the amounts made available in this Act
may be used to consider Family Self-Sufficiency performance
measures or performance scores in determining funding awards
for programs receiving Family Self-Sufficiency program
coordinator funding provided in this Act.
Sec. 230. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of
Public Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897)
may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937,
including any reserve funds held by the public housing agency
or funds held by the Department of Housing and Urban
Development, pursuant to the authority for use of section 8
or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28),
notwithstanding the purposes for which such funds were
appropriated.
Sec. 231. None of the amounts made available by this Act
may be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such
funds to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead
Disclosure Rules.
Sec. 232. None of the funds made available by this title
may be used to issue rules or guidance in contravention of
section 1210 of Public Law 115-254 (132 Stat. 3442) or
section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155).
Sec. 233. Funds previously made available in the
Consolidated Appropriations Act, 2016 (Public Law 114-113)
for the ``Choice Neighborhoods Initiative'' that were
available for obligation through fiscal year 2018 are to
remain available through fiscal year 2024 for the liquidation
of valid obligations incurred in fiscal years 2016 through
2018.
Sec. 234. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 235. For fiscal year 2023, if the Secretary
determines or has determined, for any prior formula grant
allocation administered by the Secretary through the Offices
of Public and Indian Housing, Community Planning and
Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have
received for a formula allocation cycle pursuant to
applicable statutes and regulations, the Secretary may adjust
for any such funding error in the next applicable formula
allocation cycle by (a) offsetting each such recipient's
formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount
of any such funding error, and (b) reallocating any available
balances that are attributable to the offset to the recipient
or recipients that would have been allocated additional funds
in the formula allocation cycle in which any such error
occurred (if such recipient or recipients are eligible for a
formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation
cycle: Provided, That all offsets and reallocations from such
available balances shall be recorded against funds available
for the next applicable formula allocation cycle: Provided
further, That the term ``next applicable formula allocation
cycle'' means the first formula allocation cycle for a
program that is reasonably available for correction following
such a Secretarial determination: Provided further, That if,
upon request by a recipient and giving consideration to all
Federal resources available to the recipient for the same
grant purposes, the Secretary determines that the offset in
the next applicable formula allocation cycle would critically
impair the recipient's ability to accomplish the purpose of
the formula grant, the Secretary may adjust for the funding
error across two or more formula allocation cycles.
Sec. 236. The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(a) in section 515, by adding at the end the following new
subsection:
``(d) Rent Adjustments and Subsequent Renewals.--After the
initial renewal of a section 8 contract pursuant to this
section and notwithstanding any other provision of law or
contract regarding the adjustment of rents or subsequent
renewal of such contract for a project, including such a
provision in section 514 or this section, in the case of a
project subject to any restrictions
[[Page H10272]]
imposed pursuant to sections 514 or this section, the
Secretary may, not more often than once every 10 years,
adjust such rents or renew such contracts at rent levels that
are equal to the lesser of budget-based rents or comparable
market rents for the market area upon the request of an owner
or purchaser who--
``(1) demonstrates that--
``(A) project income is insufficient to operate and
maintain the project, and no rehabilitation is currently
needed, as determined by the Secretary; or
``(B) the rent adjustment or renewal contract is necessary
to support commercially reasonable financing (including any
required debt service coverage and replacement reserve) for
rehabilitation necessary to ensure the long-term
sustainability of the project, as determined by the
Secretary, and in the event the owner or purchaser fails to
implement the rehabilitation as required by the Secretary,
the Secretary may take such action against the owner or
purchaser as allowed by law; and
``(2) agrees to--
``(A) extend the affordability and use restrictions
required under 514(e)(6) for an additional twenty years; and
``(B) enter into a binding commitment to continue to renew
such contract for and during such extended term, provided
that after the affordability and use restrictions required
under 514(e)(6) have been maintained for a term of 30 years:
``(i) an owner with a contract for which rent levels were
set at the time of its initial renewal under section
514(g)(2) shall request that the Secretary renew such
contract under section 524 for and during such extended term;
and
``(ii) an owner with a contract for which rent levels were
set at the time of its initial renewal under section
514(g)(1) may request that the Secretary renew such contract
under section 524 for and during such extended term.''; and
(b) in section 579, by striking ``October 1, 2022'' each
place it appears and inserting in lieu thereof ``October 1,
2027''.
Sec. 237. The Secretary may transfer from amounts made
available for salaries and expenses under this title
(excluding amounts made available under the heading ``Office
of Inspector General'') up to $500,000 from each office to
the heading ``Information Technology Fund'' for information
technology needs, including for additional development,
modernization, and enhancement, to remain available until
September 30, 2025: Provided, That the total amount of such
transfers shall not exceed $5,000,000: Provided further, That
this transfer authority shall not be used to fund information
technology projects or activities that have known out-year
development, modernization, or enhancement costs in excess of
$500,000: Provided further, That the Secretary shall provide
notification to the House and Senate Committees on
Appropriations no less than three business days in advance of
any such transfer.
Sec. 238. Funds previously made available in the
Consolidated Appropriations Act, 2019 (Public Law 116-6) for
``Lead Hazard Reduction'' that were available for obligation
through fiscal year 2020 are to remain available through
fiscal year 2027 for the liquidation of valid obligations
incurred in fiscal years 2019 through 2020.
Sec. 239. The Secretary shall comply with all process
requirements, including public notice and comment, when
seeking to revise any annual contributions contract.
Sec. 240. None of the funds appropriated or otherwise made
available in this or prior Acts may be used by the Department
to carry out customer experience activities within the Office
of the Assistant Chief Financial Officer for Budget.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2023''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792), $9,850,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 46107), including services as
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles as authorized by section
1343(b) of title 31, United States Code; and uniforms or
allowances therefore, as authorized by sections 5901 and 5902
of title 5, United States Code, $38,260,000, of which
$2,000,000 shall remain available until September 30, 2024:
Provided, That not to exceed $3,500 shall be for official
reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978 (5 U.S.C.
App. 3), $27,935,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in such Act, to investigate allegations of
fraud, including false statements to the Government under
section 1001 of title 18, United States Code, by any person
or entity that is subject to regulation by the National
Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further,
That concurrent with the President's budget request for
fiscal year 2024, the Inspector General shall submit to the
House and Senate Committees on Appropriations a budget
request for fiscal year 2024 in similar format and substance
to budget requests submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by section 3109 of title 5,
United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for a GS-15;
uniforms, or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code, $129,300,000,
of which not to exceed $2,000 may be used for official
reception and representation expenses: Provided, That the
amounts made available to the National Transportation Safety
Board in this Act include amounts necessary to make lease
payments on an obligation incurred in fiscal year 2001 for a
capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $166,000,000: Provided, That an
additional $4,000,000, to remain available until September
30, 2026, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $41,429,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and
authorized expenses under this heading: Provided further,
That the amounts made available under this heading from the
general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2023, to result in a final appropriation from the general
fund estimated at not more than $40,179,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code, of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,000,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
[[Page H10273]]
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2023, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act), whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), accompanying reports of the House and
Senate Committee on Appropriations, or in the budget appendix
for the respective appropriations, whichever is more
detailed, and shall apply to all items for which a dollar
amount is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2023 from
appropriations made available for salaries and expenses for
fiscal year 2023 in this Act, shall remain available through
September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 414. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
Sec. 417. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 419. None of the funds made available by this Act to
the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
Sec. 420. (a) Funds previously made available in chapter 9
of title X of the Disaster Relief Appropriations Act, 2013
(Public Law 113-2, division A; 127 Stat. 36) under the
heading ``Department of Housing and Urban Development--
Community Planning and Development--Community Development
Fund'' that were available for obligation through fiscal year
2017 are to remain available until expended for the
liquidation of valid obligations incurred in fiscal years
2013 through 2017.
(b) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution
[[Page H10274]]
on the budget are designated as an emergency requirement
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress)
as engrossed in the House of Representatives on June 8, 2022.
Sec. 421. In the table of projects in the explanatory
statement referenced in section 417 of the Transportation,
Housing and Urban Development, and Related Agencies
Appropriations Act, 2022 (division L of Public Law 117-103)--
(1) the item relating to ``Greensboro Judy Center Early
Learning Hub Facility'' is deemed to be amended by striking
``Greensboro Judy Center Early Learning Hub Facility'' and
inserting ``Building maintenance for Greensboro Judy Center
Early Learning Hub Facility'';
(2) the item relating to ``Constructing commercial kitchen
to increase access to healthy food'' is deemed to be amended
by striking recipient ``Cross Street Partners'' and inserting
``The Good Stuff'';
(3) the item relating to ``Covenant House PA Transition
Housing'' is deemed to be amended by striking recipient
``Covenant House Pennsylvania'' and inserting ``Covenant
House Pennsylvania Under 21'';
(4) the item relating to ``Long Island Greenway'' is deemed
to be amended by striking ``Long Island Greenway'' and
inserting ``For the planning and design of the Long Island
Greenway'';
(5) the item relating to ``Acquisition of property for
permanent Veterans' homeless shelter'' is deemed to be
amended by striking ``Acquisition of property for permanent
Veterans' homeless shelter'' and inserting ``Acquisition or
rehabilitation of property for permanent veterans' homeless
shelter'';
(6) the item relating to ``Gourdy Ampitheater Project'' is
deemed to be amended by striking ``Gourdy Ampitheater
Project'' and inserting ``Goudy Park'';
(7) the item relating to ``Community Bike Works: Easton''
is deemed to be amended by striking ``Easton'' and inserting
``Easton and Allentown'';
(8) the item relating to ``Barrington Town Offices and
Emergency Operations Center Construction'' is deemed to be
amended by striking ``Barrington Town Offices and Emergency
Operations Center Construction'' and inserting ``For
activities of the Town of Barrington'';
(9) the item relating to ``Holladay Community Center Public
Facility'' is deemed to be amended by striking recipient
``Housing Authority of Salt Lake City (HASLC)'' and inserting
``Salt Lake County'';
(10) the item relating to ``Somersworth Fire Training
Tower'' is deemed to be amended by striking ``Tower'' and
inserting ``and Equipment'';
(11) the item relating to ``Generator and structure to
house generator for Guma Esperansa'' is deemed to be amended
by striking ``Generator and structure to house generator for
Guma Esperansa'' and inserting ``For the installation and
ongoing maintenance of the generator and its structure at
Guma Esperansa'';
(12) the item relating to ``Facility Improvements'' is
deemed to be amended by striking recipient ``Sterling House
Community Center Inc.'' and inserting ``Town of Stratford'';
(13) the item relating to ``Stateline Boys & Girls Club--
Beloit, WI Facility Construction'' is deemed to be amended by
striking ``Facility Construction'';
(14) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to
be amended by striking recipient ``Will County Development
Corporation'' and inserting ``Will County Housing Development
Corporation'';
(15) the item relating to ``Bluefield Historic District
Restoration'' is deemed to be amended by striking ``Historic
District''; and
(16) the item relating to ``Port of West Virginia Railroad
Bridge Improvements'' is deemed to be amended by striking
``Bridge''.
Sec. 422. None of the funds made available to the
Department of Housing and Urban Development in this or prior
Acts may be used to issue a solicitation or accept bids on
any solicitation that is substantially equivalent to the
draft solicitation entitled ``Housing Assistance Payments
(HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 423. Section 1105(e)(5)(C)(i) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 598; 133 Stat. 3018) is amended by
striking the seventh, eighth, and ninth sentences.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2023''.
DIVISION M--ADDITIONAL UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
food for peace title ii grants
For an additional amount for ``Food for Peace Title II
Grants'', $50,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For an additional amount for ``McGovern-Dole Food for
Education and Child Nutrition Program Grants'', $5,000,000,
to remain available until expended.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$54,252,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses,
including for hardship duty pay.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,386,000, to remain available until September 30, 2023, to
respond to the situation in Ukraine and for related expenses,
including for hardship duty pay.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', to remain available until September 30, 2023,
$1,400,000, to respond to the situation in Ukraine and for
related expenses, including for hardship duty pay.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $31,028,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses, including for hardship duty pay.
Military Personnel, Space Force
For an additional amount for ``Military Personnel, Space
Force'', $3,663,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses, including for hardship duty pay.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $3,020,741,000, to remain available until September
30, 2023, to respond to the situation in Ukraine and for
related expenses.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $871,410,000, to remain available until September 30,
2023, to respond to the situation in Ukraine and for related
expenses.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $14,620,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine
and for related expenses.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $580,266,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine
and for related expenses.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance,
Space Force'', $8,742,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine
and for related expenses.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $21,160,737,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine
and for related expenses: Provided, That of the total amount
provided under this heading in this Act, $9,000,000,000, to
remain available until September 30, 2024, shall be for the
Ukraine Security Assistance Initiative: Provided further,
That such funds for the Ukraine Security Assistance
Initiative shall be available to the Secretary of Defense
under the same terms and conditions as are provided for in
section 8110 of the Department of Defense Appropriations Act,
2023: Provided further, That the Secretary of Defense may
accept and retain contributions, including money, personal
property, and services, from foreign governments and other
entities, to carry out assistance authorized for the Ukraine
Security Assistance Initiative under this heading in this
Act: Provided further, That the Secretary of Defense shall
notify the congressional defense committees in writing upon
the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That contributions of money for the purposes provided herein
from any foreign government or other entity may be credited
to this account, to remain available until September 30,
2024, and used for such purposes: Provided further, That of
the total amount provided under this heading in this Act, up
to $11,880,000,000, to remain available until September 30,
2024, may be transferred to accounts under the headings
``Operation and Maintenance'' and ``Procurement'' for
replacement of defense articles from the stocks of the
Department of Defense, and for reimbursement for defense
services of the Department of Defense and military education
and training, provided to the Government of Ukraine or to
foreign countries that have provided support to Ukraine at
the request of the United States: Provided further, That
funds transferred pursuant to the preceding proviso shall be
merged with and available for the same purposes and for the
same time period as the appropriations to which the funds are
transferred: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of the
details of such transfers not less than 15 days before any
such transfer: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back and merged with
this appropriation: Provided further, That the transfer
authority provided herein is in addition to any other
transfer authority provided by law.
[[Page H10275]]
PROCUREMENT
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$354,000,000, to remain available until September 30, 2025,
to respond to the situation in Ukraine and for related
expenses.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $687,000,000, to remain available until September 30,
2025, for expansion of public and private plants, including
the land necessary therefor, and procurement and installation
of equipment appliances, and machine tools in such plants,
for the purpose of increasing production of critical
munitions to replace defense articles provided to the
Government of Ukraine or foreign countries that have provided
support to Ukraine at the request of the United States.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$6,000,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine and for related expenses.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $730,045,000, to remain available until September
30, 2025, to respond to the situation in Ukraine and for
related expenses.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$3,326,000, to remain available until September 30, 2025, to
respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $5,800,000, to remain available until
September 30, 2024, to respond to the situation in Ukraine
and for related expenses.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $38,500,000, to remain available
until September 30, 2024, to respond to the situation in
Ukraine and for related expenses.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $185,142,000, to remain
available until September 30, 2024, to respond to the
situation in Ukraine and for related expenses.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $89,515,000, to remain
available until September 30, 2024, to respond to the
situation in Ukraine and for related expenses.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$14,100,000, to remain available until September 30, 2023,
which shall be for operation and maintenance, to respond to
the situation in Ukraine and for related expenses.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $6,000,000, to remain available until September
30, 2023, which shall be for operation and maintenance, to
carry out reviews of the activities of the Department of
Defense to execute funds appropriated in this title,
including assistance provided to Ukraine: Provided, That the
Inspector General of the Department of Defense shall provide
to the congressional defense committees a briefing not later
than 90 days after the date of enactment of this Act.
RELATED AGENCIES
Intelligence Community Management Account
For an additional amount for ``Intelligence Community
Management Account'', $75,000, to remain available until
September 30, 2023, to respond to the situation in Ukraine
and for related expenses.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Not later than 45 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit a
report to the Committees on Appropriations, Armed Services,
and Foreign Affairs of the House of Representatives and the
Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate on measures being taken to account
for United States defense articles designated for Ukraine
since the February 24, 2022, Russian invasion of Ukraine,
particularly measures with regard to such articles that
require enhanced end-use monitoring; measures to ensure that
such articles reach their intended recipients and are used
for their intended purposes; and any other measures to
promote accountability for the use of such articles:
Provided, That such report shall include a description of any
occurrences of articles not reaching their intended
recipients or used for their intended purposes and a
description of any remedies taken: Provided further, That
such report shall be submitted in unclassified form, but may
be accompanied by a classified annex.
Sec. 1202. Not later than 30 days after the date of
enactment of this Act, and every 30 days thereafter through
fiscal year 2024, the Secretary of Defense, in coordination
with the Secretary of State, shall provide a written report
to the Committees on Appropriations, Armed Services, and
Foreign Affairs of the House of Representatives and the
Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate describing United States security
assistance provided to Ukraine since the February 24, 2022,
Russian invasion of Ukraine, including a comprehensive list
of the defense articles and services provided to Ukraine and
the associated authority and funding used to provide such
articles and services: Provided, That such report shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Nuclear Energy
For an additional amount for ``Nuclear Energy'',
$300,000,000, to remain available until expended: Provided,
That of the amount provided under this heading in this Act,
$100,000,000 shall be for Advanced Nuclear Fuel Availability:
Provided further, That of the amount provided under this
heading in this Act, $60,000,000 shall be to carry out the
demonstrations of the Advanced Reactor Demonstration Program:
Provided further, That of the amount provided under this
heading in this Act, $20,000,000 shall be to carry about
activities for the National Reactor Innovation Center:
Provided further, That of the amount provided under this
heading in this Act, $120,000,000 shall be to carry about
activities for the Risk Reduction for Future Demonstrations.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'', $126,300,000, to remain available until
expended, to respond to the situation in Ukraine and for
related expenses.
GENERAL PROVISION--THIS TITLE
Sec. 1301. (a) Of the unobligated balances from amounts
deposited in the SPR Petroleum Account pursuant to section
167(b)(3) of the Energy Policy and Conservation Act (42
U.S.C. 6247(b)(3)), $10,395,000,000 is hereby permanently
rescinded not later than September 30, 2023.
(b) Section 403(a) of the Bipartisan Budget Act of 2015
(Public Law 114-74) is amended by adding ``and'' after the
semicolon in paragraph (5), striking the semicolon in
paragraph (6) and inserting a period, and striking paragraphs
(7) and (8).
(c) Section 32204(a)(1) of the FAST Act (Public Law 114-94)
is amended by adding ``and'' after the semicolon in
subparagraph (A), striking the semicolon in subparagraph (B)
and inserting a period, and striking subparagraphs (C) and
(D).
(d) Section 30204(a)(1) of the Bipartisan Budget Act of
2018 (Public Law 115-123) is amended by striking the word
``Reserve'' and everything that follows and adding the
following: ``Reserve 30,000,000 barrels of crude oil during
the period of fiscal years 2022 through 2027.''.
TITLE IV
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council and Homeland Security Council
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$1,000,000, to remain available until expended, for necessary
expenses of the National Security Council.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant
Assistance'', $2,400,000,000, to remain available until
September 30, 2024: Provided, That amounts made available
under this heading in this Act may be used for grants or
contracts with qualified organizations, including nonprofit
entities, to provide culturally and linguistically
appropriate services, including wraparound services, housing
assistance, medical assistance, legal assistance, and case
management assistance: Provided further, That amounts made
available under this heading in this Act may be used by the
Director of the Office of Refugee Resettlement (Director) to
issue awards or supplement awards previously made by the
Director: Provided further, That the Director, in carrying
out section 412(c)(1)(A) of the Immigration and Nationality
Act (8 U.S.C. 1522(c)(1)(A)) with amounts made available
under this heading in this Act, may allocate such amounts
among the States in a manner that accounts for the most
current data available.
GENERAL PROVISION--THIS TITLE
Sec. 1501. Subsection (a)(1)(A) of section 2502 of the
Afghanistan Supplemental Appropriations Act, 2022 (division C
of Public Law 117-43) is amended by striking ``September 30,
2022'' and inserting ``September 30, 2023''.
TITLE VI
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$7,500,000, to remain available until expended, for oversight
of the amounts provided in division N of Public Law 117-103,
Public Law 117-128, division B of Public Law 117-180, and
this Act.
[[Page H10276]]
TITLE VII
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'',
$147,054,000, to remain available until September 30, 2024,
of which not less than $60,000,000 shall be made available to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $5,500,000, to remain available until September
30, 2024.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$5,000,000, to remain available until September 30, 2024, to
respond to the situation in Ukraine and in countries impacted
by the situation in Ukraine.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $8,000,000, to remain available until September
30, 2024.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $937,902,000, to remain available until
expended, of which not less than $300,000,000 shall be made
available to respond to humanitarian needs in Ukraine and in
countries impacted by the situation in Ukraine, including the
provision of emergency food and shelter, and for assistance
for other vulnerable populations and communities, including
through local and international nongovernmental
organizations.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$50,000,000, to remain available until expended, for
assistance for Ukraine and countries impacted by the
situation in Ukraine.
economic support fund
For an additional amount for ``Economic Support Fund'',
$12,966,500,000 to remain available until September 30, 2024,
for assistance for Ukraine and countries impacted by the
situation in Ukraine, which may include budget support:
Provided, That funds appropriated under this heading in this
Act may be made available notwithstanding any other provision
of law that restricts assistance to foreign countries and may
be made available as contributions.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $350,000,000, to remain available
until September 30, 2024, for assistance and related programs
for Ukraine and other countries identified in section 3 of
the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of
the Support for East European Democracy (SEED) Act of 1989
(22 U.S.C. 5402(c)).
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $1,535,048,000, to remain available until
expended, of which not less than $620,000,000 shall be made
available to address humanitarian needs in, and to assist
refugees from, Ukraine, and for additional support for other
vulnerable populations and communities.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $374,996,000, to remain
available until September 30, 2024, of which not less than
$300,000,000 shall be for assistance for Ukraine and
countries impacted by the situation in Ukraine.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $105,000,000, to
remain available until September 30, 2024, for assistance for
Ukraine and countries impacted by the situation in Ukraine.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $80,000,000, to remain available until September
30, 2024: Provided, That such funds may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of direct loans and loan guarantees, if
otherwise authorized by any provision of law: Provided
further, That such costs may include the costs of selling,
reducing, or cancelling any amounts owed to the United States
or any agency of the United States: Provided further, That
the gross principal balance of such direct loans shall not
exceed $2,000,000,000, and the gross principal balance of
guaranteed loans shall not exceed $2,000,000,000: Provided
further, That the Secretary of State may use amounts charged
to the borrower as origination fees to pay for the cost of
such loans.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 1701. During fiscal year 2023, section 506(a)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1))
shall be applied by substituting ``$14,500,000,000'' for
``$100,000,000''.
Sec. 1702. During fiscal year 2023, section 506(a)(2)(B)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2318(a)(2)(B)) shall be applied by substituting
``$400,000,000'' for ``$200,000,000'' and by substituting
``$150,000,000'' for ``$75,000,000'' in clause (i).
Sec. 1703. During fiscal year 2023, section 552(c)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2348a(c)(2))
shall be applied by substituting ``$50,000,000'' for
``$25,000,000''.
Sec. 1704. (a) Funds appropriated by this title under the
heading ``Diplomatic Programs'' may be transferred to, and
merged with, funds available under the heading ``Capital
Investment Fund'' to respond to the situation in Ukraine and
in countries impacted by the situation in Ukraine.
(b) Funds appropriated by this title under the headings
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' may be transferred to, and merged with,
funds appropriated by this title under such headings to
respond to humanitarian needs in Ukraine and in countries
impacted by the situation in Ukraine and for assistance for
other vulnerable populations and communities.
(c) Funds appropriated by this title under the heading
``Economic Support Fund'' may be transferred to, and merged
with, funds available under the headings ``United States
International Development Finance Corporation--Corporate
Capital Account'', ``United States International Development
Finance Corporation--Program Account'', ``Export-Import Bank
of the United States--Program Account'', and ``Trade and
Development Agency'' to respond to the situation in Ukraine
and in countries impacted by the situation in Ukraine.
(d) Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated by this
title under such headings to respond to the situation in
Ukraine and in countries impacted by the situation in
Ukraine.
(e) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law.
(f) The exercise of the transfer authorities provided by
this section shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(g) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
Sec. 1705. (a) Funds appropriated by this title may be made
available for direct financial support for the Government of
Ukraine, including for Ukrainian first responders, and may be
made available as a cash transfer subject to the requirements
of subsection (b): Provided, That such funds shall be
provided on a reimbursable basis and matched by sources other
than the United States Government, to the maximum extent
practicable: Provided further, That the Secretary of State or
the Administrator of the United States Agency for
International Development, as appropriate, shall ensure
third-party monitoring of such funds: Provided further, That
at least 15 days prior to the initial obligation of such
funds, the Secretary of State, following consultation with
the Administrator of the United States Agency for
International Development, shall certify and report to the
appropriate congressional committees that mechanisms for
monitoring and oversight of such funds are in place and
functioning and that the Government of Ukraine has in place
substantial safeguards to prevent corruption and ensure
accountability of such funds: Provided further, That not less
than 45 days after the initial obligation of such funds, the
Inspectors General of the Department of State and the United
States Agency for International Development shall submit a
report to the appropriate congressional committees detailing
and assessing the mechanisms for monitoring and safeguards
described in the previous proviso.
(b) Funds made available to the Government of Ukraine as a
cash transfer under subsection (a) shall be subject to a
memorandum of understanding between the governments of the
United States and Ukraine that describes how the funds
proposed to be made available will be used and the
appropriate safeguards to ensure transparency and
accountability: Provided, That such assistance shall be
maintained in a separate, auditable account and may not be
commingled with any other funds.
(c) The Secretary of State or the Administrator of the
United States Agency for International Development, as
appropriate, shall report to the appropriate congressional
committees on the uses of funds provided for direct financial
support to the Government of Ukraine pursuant to subsection
(a) not later than 45 days after the date of enactment of
this Act and every 45 days thereafter until all such funds
have been expended: Provided, That such reports shall include
a detailed description of the use of such funds, including
categories and amounts, the intended results and the results
achieved, a summary of other donor contributions, and a
description of the efforts undertaken by the Secretary and
Administrator to increase other donor contributions for
direct financial support: Provided further, That such reports
shall also include the metrics established to measure such
results.
Sec. 1706. Funds appropriated by this title under the
headings ``Diplomatic Programs'', ``Operating Expenses'',
``Economic Support Fund'', ``International Narcotics Control
and
[[Page H10277]]
Law Enforcement'', ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', and ``Foreign Military
Financing Program'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That notifications submitted pursuant to this
section shall include for each program notified--(1) total
funding made available for such program, by account and
fiscal year; (2) funding that remains unobligated for such
program; (3) funding that is obligated but unexpended for
such program; and (4) funding committed, but not yet notified
for such program.
Sec. 1707. Funds appropriated by this title for the
Inspectors General of the Department of State and United
States Agency for International Development are in addition
to funds otherwise provided for such Inspectors General for
fiscal year 2023 and are made available to provide oversight
of funds appropriated by this title and funds appropriated in
title VI of division N of Public Law 117-103, title V of
Public Law 117-128, and title III of division B of Public Law
117-180: Provided, That the Inspectors General shall
coordinate with the Inspectors General of the Department of
Defense and Inspectors General of other relevant Federal
agencies in conducting such oversight: Provided further, That
not later than 90 days after the date of enactment of this
Act, the Inspectors General shall provide a report on
oversight plans and initial findings to the appropriate
congressional committees.
Sec. 1708. (a) The Attorney General may transfer to the
Secretary of State the proceeds of any covered forfeited
property for use by the Secretary of State to provide
assistance to Ukraine to remediate the harms of Russian
aggression towards Ukraine. Any such transfer shall be
considered foreign assistance under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), including for purposes
of making available the administrative authorities and
implementing the reporting requirements contained in that
Act.
(b) Not later than 15 days after any transfers made
pursuant to subsection (a), the Attorney General, in
consultation with the Secretary of the Treasury and the
Secretary of State, shall submit a report describing such
transfers to the appropriate congressional committees.
(c) In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Financial Services of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) The term ``covered forfeited property'' means property
forfeited under chapter 46 or section 1963 of title 18,
United States Code, which property belonged to, was possessed
by, or was controlled by a person subject to sanctions and
designated by the Secretary of the Treasury or the Secretary
of State, or which property was involved in an act in
violation of sanctions enacted pursuant to Executive Order
14024, and as expanded by Executive Order 14066 of March 8,
2022, and relied on for additional steps taken in Executive
Order 14039 of August 20, 2021, and Executive Order 14068 of
March 11, 2022.
(d) The authority under this section shall apply to any
covered forfeited property forfeited on or before May 1,
2025.
TITLE VIII
GENERAL PROVISIONS--THIS ACT
Sec. 1801. Funds appropriated by this Act for intelligence
or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 3094(a)(1)).
Sec. 1802. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 1803. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 1804. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2023.
Sec. 1805. Each amount provided by this division is
designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022.
This division may be cited as the ``Additional Ukraine
Supplemental Appropriations Act, 2023''.
DIVISION N--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for ``Office of the Secretary'',
$3,741,715,000, to remain available until expended, for
necessary expenses related to losses of revenue, quality or
production losses of crops (including milk, on-farm stored
commodities, crops prevented from planting in 2022, and
harvested adulterated wine grapes), trees, bushes, and vines,
as a consequence of droughts, wildfires, hurricanes, floods,
derechos, excessive heat, tornadoes, winter storms, freeze,
including a polar vortex, smoke exposure, and excessive
moisture occurring in calendar year 2022 under such terms and
conditions as determined by the Secretary: Provided, That of
the amounts provided under this heading in this Act, the
Secretary shall use up to $494,500,000 to provide assistance
to producers of livestock, as determined by the Secretary of
Agriculture, for losses incurred during calendar year 2022
due to drought or wildfires: Provided further, That the
amount provided under this heading in this Act shall be
subject to the terms and conditions set forth in the first,
second, and fourth through twelfth provisos under this
heading in title I of the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43),
except that each reference to 2020 or 2021 in such provisos
in such Act shall be deemed to be a reference instead to
2022.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$58,000,000, to remain available until expended.
Food Safety and Inspection Service
For an additional amount for ``Food Safety and Inspection
Service'', $29,700,000, to remain available until expended.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
For an additional amount for ``Emergency Forest Restoration
Program'', $27,000,000, to remain available until expended.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood
Prevention Operations'' for necessary expenses for the
Emergency Watershed Protection Program, $925,000,000, to
remain available until expended.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing assistance grants
For an additional amount for ``Rural Housing Assistance
Grants'', $60,000,000, to remain available until expended,
for necessary expenses related to homes damaged by
Presidentially declared disasters in calendar year 2022:
Provided, That 42 U.S.C. 1471(b)(3) shall not apply: Provided
further, That the income limit shall be capped at 80 percent
of the area median income: Provided further, That,
notwithstanding section 1490m(c)(2) of such title, a grant
made under 42 U.S.C. 1490m of such title using funds made
available under this heading in this Act, may not exceed
$50,000.
rural community facilities program account
For an additional amount for ``Rural Community Facilities
Program Account'', $75,300,000, to remain available until
expended: Provided, That of the amounts provided under this
heading in this Act, $50,000,000 shall be for necessary
expenses for grants to repair essential community facilities
damaged by Presidentially declared disasters in calendar year
2022: Provided further, That the percentage of the cost of
the facility that may be covered by a grant pursuant to the
preceding proviso shall be 75 percent.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for ``Rural Water and Waste
Disposal Program Account'', $325,000,000, to remain available
until expended: Provided, That of the amounts provided under
this heading in this Act, $265,000,000 shall be for necessary
expenses related to water systems damaged by Presidentially
declared disasters in calendar year 2022: Provided further,
That, notwithstanding section 343(a)(13)(B) of the
Consolidated Farm and Rural Development Act, a grant using
funds made available pursuant to the preceding proviso may
not be awarded to a community with a population of more than
35,000 people: Provided further, That not to exceed
$8,000,000 of the amount made available pursuant to the first
proviso shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(22) of the
Consolidated Farm and Rural Development Act.
GENERAL PROVISIONS--THIS TITLE
Sec. 2101. In addition to other funds available for such
purposes, not more than three percent of the amounts provided
in each account under the ``Rural Development Programs''
heading in this title shall be paid to the appropriation for
``Rural Development, Salaries and Expenses'' for
administrative costs to carry out the emergency rural
development programs in this title.
Sec. 2102. For necessary expenses for salary and related
costs associated with Agriculture Quarantine and Inspection
Services activities pursuant to 21 U.S.C. 136a(6), and in
addition to any other funds made available for this purpose,
there is appropriated, out of any money in the Treasury not
otherwise appropriated, $125,000,000, to remain available
until September 30, 2024, to offset the loss of quarantine
and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of
1990 (21 U.S.C. 136, 136a): Provided, That amounts made
available in this section shall be treated as funds collected
by fees authorized under sections 2508 and 2509 of the Food,
Agriculture, Conservation, and Trade Act
[[Page H10278]]
of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f)
of the Homeland Security Act of 2002 (6 U.S.C. 231(f)).
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount
for ``Economic Development Assistance Programs'' for
necessary expenses related to flood mitigation, disaster
relief, long-term recovery, and restoration of infrastructure
in areas that received a major disaster designation as a
result of Hurricanes Ian and Fiona, and of wildfires,
flooding, and other natural disasters occurring in calendar
years 2021 and 2022 under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$500,000,000, to remain available until expended: Provided,
That within the amount appropriated under this heading in
this Act, up to 3 percent of funds may be transferred to the
``Salaries and Expenses'' account for administration and
oversight activities: Provided further, That the Secretary of
Commerce is authorized to appoint and fix the compensation of
such temporary personnel as may be necessary to implement the
requirements under this heading in this Act, without regard
to the provisions of title 5, United States Code, governing
appointments in competitive service: Provided further, That
within the amount appropriated under this heading in this
Act, $2,000,000 shall be transferred to the ``Office of
Inspector General'' account for carrying out investigations
and audits related to the funding provided under this heading
in this Act.
For an additional amount for ``Economic Development
Assistance Programs'' for grants authorized by sections 28
and 29 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3722a and 3722b), $618,000,000, to remain
available until expended, of which $459,000,000 shall be for
grants under section 28 and $159,000,000 shall be for grants
under section 29 in amounts determined by the Secretary.
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical
Research and Services'' to investigate the impacts of
hurricanes, typhoons, and wildfires in calendar year 2022 to
support the development of resilience standards with regard
to weather and climate disasters, in addition to the
underlying research to support those standards, and for
necessary expenses to carry out investigations of building
failures pursuant to the National Construction Safety Team
Act of 2002 (15 U.S.C. 7301), $40,000,000, to remain
available until expended.
industrial technology services
For an additional amount for ``Industrial Technology
Services'', $27,000,000, to remain available until expended,
to implement the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167), of which
$13,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $14,000,000 shall be for the
Manufacturing USA Program.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the
consequences of hurricanes, typhoons, flooding, and wildfires
in calendar year 2022, $29,000,000, to remain available until
September 30, 2024, for repair and replacement of observing
assets, real property, and equipment; for marine debris
assessment and removal; and for mapping, charting, and
geodesy services.
For an additional amount for ``Operations, Research, and
Facilities'', $62,000,000, to remain available until
September 30, 2024, of which $20,000,000, to remain available
until expended, shall be to carry out activities described in
title II of division JJ of the Consolidated Appropriations
Act, 2023 to support the adoption of innovative fishing gear
deployment and fishing techniques to reduce entanglement risk
to North Atlantic right whales, including through cooperative
agreements pursuant to the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701).
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for the acquisition of hurricane hunter
aircraft and related expenses as authorized under section
413(a) of the Weather Research and Forecasting Innovation Act
of 2017 (Public Law 115-25), $327,701,000, to remain
available until expended.
For an additional amount for ``Procurement, Acquisition and
Construction'', $108,838,000, to remain available until
September 30, 2025.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster
Assistance'' for necessary expenses associated with the
mitigation of fishery disasters, $300,000,000, to remain
available until expended: Provided, That such funds shall be
used for mitigating the effects of commercial fishery
failures and fishery resource disasters declared by the
Secretary of Commerce.
DEPARTMENT OF JUSTICE
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$182,000,000, to remain available until expended.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and
Environmental Compliance and Restoration'' for repair and
replacement of National Aeronautics and Space Administration
facilities damaged by Hurricanes Ian and Nicole or scheduled
for derating due to deterioration, $189,400,000, to remain
available until expended.
For an additional amount for ``Construction and
Environmental Compliance and Restoration'', $367,000,000, to
remain available until September 30, 2028.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'' for necessary expenses related to damage to
research facilities and scientific equipment in calendar year
2022, including related to the consequences of wildfires,
$2,500,000, to remain available until September 30, 2024.
For an additional amount for ``Research and Related
Activities'', $818,162,000, to remain available until
September 30, 2024, of which $210,000,000 shall be to
implement the Research and Development, Competition, and
Innovation Act (division B of Public Law 117-167).
stem education
For an additional amount for ``STEM Education'',
$217,000,000, to remain available until September 30, 2024,
of which $125,000,000 shall be to implement the Research and
Development, Competition, and Innovation Act (division B of
Public Law 117-167).
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal
Services Corporation'' to carry out the purposes of the Legal
Services Corporation Act by providing for necessary expenses
related to the consequences of hurricanes, flooding,
wildfires, and other extreme weather that occurred during
calendar year 2022, $20,000,000, to remain available until
September 30, 2023: Provided, That none of the funds
appropriated in this Act to the Legal Services Corporation
shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this Act to the Legal Services Corporation
shall be subject to the same terms and conditions set forth
in such sections, except that all references in sections 502
and 503 to 1997 and 1998 shall be deemed to refer instead to
2022 and 2023, respectively, and except that sections 501 and
503 of Public Law 104-134 (referenced by Public Law 105-119)
shall not apply to the amount made available under this
heading in this Act: Provided further, That, for the purposes
of this Act, the Legal Services Corporation shall be
considered an agency of the United States.
GENERAL PROVISION--THIS TITLE
Sec. 2201. Unobligated balances from amounts made
available in paragraph (1) under the heading ``Procurement,
Acquisition and Construction'' in the Disaster Relief
Supplemental Appropriations Act, 2022 (division B of Public
Law 117-43) may be used for necessary expenses related to the
consequences of hurricanes and of wildfires in calendar year
2022: Provided, That amounts repurposed pursuant to this
section that were previously designated by the Congress as an
emergency requirement pursuant to section 4001(a)(1) and
section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, are
designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) of such concurrent resolution
and section 1(e) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $82,875,000, to remain available until September 30,
2023, for necessary expenses related to the consequences of
Hurricanes Ian and Fiona.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $6,786,000, to remain available until
September 30, 2023, for necessary expenses related to the
consequences of Hurricanes Ian and Fiona.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $16,572,000, to remain available until
September 30, 2023, for necessary expenses related to the
consequences of Hurricanes Ian and Fiona.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for
necessary expenses related to the completion, or initiation
and completion, of flood and storm damage reduction,
including shore protection, studies that are currently
authorized or that are authorized after the date of enactment
of this Act, to reduce risks from future floods and
hurricanes, at full Federal expense, $5,000,000, to remain
available until expended: Provided, That funds made available
under this heading in this Act shall be for high-priority
studies of projects in States and insular areas
[[Page H10279]]
that were impacted by Hurricanes Ian, Fiona, and Nicole:
Provided further, That within 60 days of enactment of this
Act, the Chief of Engineers shall submit directly to the
House and Senate Committees on Appropriations a detailed work
plan for the funds provided under this heading in this Act,
including a list of study locations, new studies selected to
be initiated, the total cost for all studies, the remaining
cost for all ongoing studies, and a schedule by fiscal year
of proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of
both Houses of Congress: Provided further, That beginning not
later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide
a quarterly report directly to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of the funds provided
under this heading in this Act.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of
Engineers projects, construct Corps of Engineers projects,
and rehabilitate and repair damages caused by natural
disasters to Corps of Engineers projects, $261,300,000, to
remain available until expended: Provided, That funds made
available in this paragraph in this Act are available to
construct flood and storm damage reduction, including shore
protection, projects which are currently authorized or which
are authorized after the date of enactment of this Act, and
flood and storm damage reduction, including shore protection,
projects which have signed Chief's Reports as of the date of
enactment of this Act or which are studied using funds
provided under the heading ``Investigations'' of this Act if
the Secretary determines such projects to be technically
feasible, economically justified, and environmentally
acceptable, in States and insular areas that were impacted by
Hurricanes Ian, Fiona, and Nicole: Provided further, That to
the extent that ongoing construction projects are constructed
using funding pursuant to the first proviso in this paragraph
in this Act, such construction shall be at full Federal
expense: Provided further, That the Secretary may initiate
additional new construction starts with funds provided
pursuant to the first proviso in this paragraph in this Act:
Provided further, That using funds provided in this paragraph
in this Act, the non-Federal cash contribution for projects
eligible for funding pursuant to the first proviso in this
paragraph in this Act shall be financed in accordance with
the provisions of section 103(k) of Public Law 99-662 over a
period of 30 years from the date of completion of the project
or separable element: Provided further, That funds made
available in this paragraph in this Act may be for ongoing
projects that have previously received funds under this
heading in the Disaster Relief Appropriations Act of 2013
(Public Law 113-2) and for which non-Federal interests have
entered into binding agreements with the Secretary at the
time of enactment of this Act: Provided further, That
projects receiving funds pursuant to the preceding proviso,
shall be subject to the terms and conditions of Disaster
Relief Appropriations Act of 2013 (Public Law 113-2):
Provided further, That funds made available in this paragraph
in this Act may be for projects that have previously received
funds under this heading in the Bipartisan Budget Act of 2018
(Public Law 115-123) and for which non-Federal interests have
entered into binding agreements with the Secretary at the
time of enactment of this Act: Provided further, That
projects receiving funds pursuant to the preceding proviso,
shall be subject to the terms and conditions of Bipartisan
Budget Act of 2018 (Public Law 115-123): Provided further,
That funds made available in this paragraph in this Act may
be used for projects that have previously received funds
under this heading in the Disaster Relief Supplemental
Appropriations Act of 2022 (Public Law 117-43) and for which
non-Federal interests have entered into binding agreements
with the Secretary at the time of enactment of this Act:
Provided further, That projects receiving funds pursuant to
the preceding proviso, shall be subject to the terms and
conditions of Disaster Relief Supplemental Appropriations Act
of 2022 (Public Law 117-43): Provided further, That
construction of ongoing projects that have previously
received funds under this heading from the Disaster Relief
Supplemental Appropriations Act of 2022 (Public Law 117-43)
to complete certain features, useful increments of work, or
components of the project shall be at full Federal expense
with respect to funds provided to the project under this
heading in such Act or in this paragraph in this Act:
Provided further, That of the sums appropriated in this
paragraph in this Act, any sums as are necessary to cover the
Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be
derived from the Harbor Maintenance Trust Fund under section
101 or section 104 of the Water Resources and Development Act
of 2020 shall be derived from the general fund of the
Treasury: Provided further, That for projects receiving
funding in this paragraph in this Act, the limitation
concerning total project costs in section 902 of the Water
Resources Development Act of 1986 (Public Law 99-662), as
amended, shall not apply to funds provided in this paragraph
in this Act: Provided further, That any projects using funds
appropriated in this paragraph in this Act shall be initiated
only after non-Federal interests have entered into binding
agreements with the Secretary requiring, where applicable,
the non-Federal interests to pay 100 percent of the
operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the
United States free from damages due to the construction or
operation and maintenance of the project, except for damages
due to the fault or negligence of the United States or its
contractors: Provided further, That within 60 days of
enactment of this Act, the Chief of Engineers shall submit
directly to the House and Senate Committees on Appropriations
a detailed work plan for the funds provided in this paragraph
in this Act, including a list of project locations, new
construction projects selected to be initiated, the total
cost for all projects, and a schedule by fiscal year of
proposed use of such funds: Provided further, That the
Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of
both Houses of Congress: Provided further, That beginning not
later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide
a quarterly report directly to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of the funds provided
in this paragraph in this Act: Provided further, That amounts
repurposed pursuant to this paragraph that were previously
designated by the Congress as an emergency requirement
pursuant to section 4001(a)(1) and section 4001(b) of S. Con.
Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, are designated by the Congress
as an emergency requirement pursuant to section 4001(a)(1) of
such concurrent resolution and section 1(e) of H. Res. 1151
(117th Congress), as engrossed in the House of
Representatives on June 8, 2022.
For an additional amount for ``Construction'',
$297,200,000, to remain available until expended: Provided,
That of the funds made available in this paragraph in this
Act, $45,000,000 shall be for flood and storm damage
reduction: Provided further, That of the funds made available
in this paragraph in this Act, $36,575,000 shall be for flood
control: Provided further, That of the funds made available
in this paragraph in this Act, for flood and storm damage
reduction and flood control, $43,650,000 shall be to continue
construction of projects that principally address drainage in
urban areas: Provided further, That of the funds made
available in this paragraph in this Act, $36,575,000 shall be
for shore protection: Provided further, That of the funds
made available in this paragraph in this Act, $113,550,000
shall be for major rehabilitation, construction, and related
activities for rivers and harbors navigation projects, of
which $10,000,000 shall be for authorized reimbursements:
Provided further, That of the sums appropriated in this
paragraph in this Act, any sums as are necessary to cover the
Federal share of eligible construction costs for coastal
harbors and channels, and for inland harbors eligible to be
derived from the Harbor Maintenance Trust Fund under section
101 or section 104 of the Water Resources and Development Act
of 2020 shall be derived from the general fund of the
Treasury: Provided further, That of the funds made available
in this paragraph in this Act, $19,000,000 shall be for other
authorized project purposes, of which up to $11,900,000 shall
be for the execution of comprehensive restoration plans
developed by the Corps for major bodies of water: Provided
further, That of the funds made available in this paragraph
in this Act, $28,500,000 shall be for environmental
restoration or compliance: Provided further, That of the
funds made available in this paragraph in this Act,
$18,000,000 shall be for water-related environmental
infrastructure assistance to make environmentally sound
repairs and upgrades to water infrastructure: Provided
further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided in this paragraph in this Act, including a
list of project locations, the total cost for all projects,
and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from
the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for necessary expenses to address emergency
situations at Corps of Engineers projects in response to, and
rehabilitate and repair damages caused by natural disasters
to Corps of Engineers projects, $15,500,000, to remain
available until expended: Provided, That of the amount
provided under this heading in this Act, such sums as are
necessary to cover the Federal share of eligible operation
and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the general fund of
the Treasury: Provided further, That within 60 days of
enactment of this Act, the Chief of Engineers shall submit
directly to the House and Senate Committees on Appropriations
a detailed work plan for the funds provided under this
heading in this Act: Provided further, That beginning not
later than 60 days after the enactment of this Act, the
Assistant Secretary of the Army for Civil Works shall provide
a quarterly report directly to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of the funds provided
under this heading in this Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
for necessary expenses to dredge Federal navigation projects
in response to, and repair damages to Corps of Engineers
Federal projects caused by natural disasters, $324,000,000,
to remain available until expended: Provided, That of the
amount provided in this paragraph in this Act, such sums as
are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and
channels, and for inland harbors shall
[[Page H10280]]
be derived from the general fund of the Treasury: Provided
further, That within 60 days of enactment of this Act, the
Chief of Engineers shall submit directly to the House and
Senate Committees on Appropriations a detailed work plan for
the funds provided in this paragraph in this Act: Provided
further, That beginning not later than 60 days after the
enactment of this Act, the Assistant Secretary of the Army
for Civil Works shall provide a quarterly report directly to
the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of the funds provided in this paragraph in this
Act.
For an additional amount for ``Operation and Maintenance'',
$52,800,000, to remain available until expended: Provided,
That of the amount provided in this paragraph in this Act,
$36,000,000 shall be for necessary expenses at inland
waterways projects: Provided further, That of the amount
provided in this paragraph in this Act, $16,800,000 shall be
for other authorized project purposes: Provided further, That
within 60 days of enactment of this Act, the Chief of
Engineers shall submit directly to the House and Senate
Committees on Appropriations a detailed work plan for the
funds provided in this paragraph in this Act, including a
list of project locations, the total cost for all projects,
and a schedule by fiscal year of proposed use of such funds:
Provided further, That the Secretary shall not deviate from
the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses to
prepare for flood, hurricane, and other natural disasters and
support emergency operations, repairs, and other activities
in response to such disasters, as authorized by law,
$519,200,000, to remain available until expended: Provided,
That funding provided under this heading in this Act and
utilized for authorized shore protection projects shall
restore such projects to the full project profile at full
Federal expense: Provided further, That beginning not later
than 60 days after the enactment of this Act, the Chief of
Engineers shall provide a quarterly report directly to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these fund provided under this heading in this Act.
expenses
For an additional amount for ``Expenses'' for necessary
expenses to administer and oversee the obligation and
expenditure of amounts provided in this Act for the Corps of
Engineers, $5,000,000, to remain available until expended:
Provided, That beginning not later than 60 days after the
enactment of this Act, the Chief of Engineers shall provide a
quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation and obligation of these fund provided under this
heading in this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity
For an additional amount for ``Electricity'',
$1,000,000,000, to remain available until expended, to carry
out activities to improve the resilience of the Puerto Rican
electric grid, including grants for low and moderate income
households and households that include individuals with
disabilities for the purchase and installation of renewable
energy, energy storage, and other grid technologies:
Provided, That the Department of Energy shall coordinate with
the Federal Emergency Management Agency and the Department of
Housing and Urban Development on these activities.
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For an additional amount for ``Construction,
Rehabilitation, Operation and Maintenance, Western Area Power
Administration'', $520,000,000, to remain available until
expended, for the purchase of power and transmission
services: Provided, That the amount made available under this
heading in this Act shall be derived from the general fund of
the Treasury and shall be reimbursable from amounts collected
by the Western Area Power Administration pursuant to the
Flood Control Act of 1944 and the Reclamation Project Act of
1939 to recover purchase power and wheeling expenses:
Provided further, That of the amount made available under
this heading in this Act, up to $100,000,000 may be
transferred to Western Area Power Administration's Colorado
River Basins Power Marketing Fund account to be used for the
same purposes as outlined under this heading.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal
Buildings Fund'', $36,788,390, to remain available until
expended, for necessary expenses related to the consequences
of Hurricane Ian, for repair and alteration of buildings
under the jurisdiction, custody and control of the
Administrator of General Services, and real property
management and related activities not otherwise provided for:
Provided, That the amount provided under this heading in this
Act may be used to reimburse the Fund for obligations
incurred for this purpose prior to the date of the enactment
of this Act.
Small Business Administration
disaster loans program account
(including transfers of funds)
For an additional amount for ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, $858,000,000, to remain
available until expended, of which $8,000,000 shall be
transferred to and merged with ``Office of Inspector
General'' for audits and reviews of disaster loans and the
disaster loans programs; and of which $850,000,000 may be
transferred to and merged with ``Salaries and Expenses'' for
administrative expenses to carry out the disaster loan
program or any disaster loan authorized by section 7(b) of
the Small Business Act.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$39,250,000, to remain available until September 30, 2024,
for necessary expenses related to the consequences of
Hurricanes Fiona and Ian.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'', $115,500,000, to remain available until
September 30, 2027, for necessary expenses related to the
consequences of Hurricanes Fiona and Ian.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$5,000,000,000, to remain available until expended, for major
disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), of which $13,000,000 shall be transferred to
``Office of the Inspector General--Operations and Support''
for audits and investigations of activities funded under this
heading.
hermit's peak/calf canyon fire assistance account
(including transfer of funds)
For an additional amount for ``Hermit's Peak/Calf Canyon
Fire Assistance Account'', $1,450,000,000, to remain
available until expended, to carry out the Hermit's Peak/Calf
Canyon Fire Assistance Act, of which $1,000,000 shall be
transferred to ``Office of the Inspector General--Operations
and Support'' for oversight of activities authorized by the
Hermit's Peak/Calf Canyon Fire Assistance Act: Provided, That
the amounts provided under this heading in this Act shall be
subject to the reporting requirement in the third proviso of
section 136 of the Continuing Appropriations Act, 2023
(division A of Public Law 117-180).
GENERAL PROVISIONS--THIS TITLE
Sec. 2601. Notwithstanding sections 104(c) and (d) of the
Hermit's Peak/Calf Canyon Fire Assistance Act (division G of
Public Law 117-180), the Federal Emergency Management Agency
may compensate for the replacement of water treatment
facilities, to the extent necessitated by the Hermit's Peak/
Calf Canyon Fire, in lieu of compensating for temporary
injury, in an amount not to exceed $140,000,000 from funds
made available under the heading ``Hermit's Peak/Calf Canyon
Fire Assistance Account'' in this Act or in section 136 of
the Continuing Appropriations Act, 2023 (division A of Public
Law 117-180).
Sec. 2602. For necessary expenses related to providing
customs and immigration inspection and pre-inspection
services at, or in support of ports of entry, pursuant to
section 1356 of title 8, United States Code, and section
58c(f) of title 19, United States Code, and in addition to
any other funds made available for this purpose, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $309,000,000, to offset the loss of Immigration
User Fee receipts collected pursuant to section 286(h) of the
Immigration and Nationality Act (8 U.S.C. 1356(h)), and fees
for certain customs services collected pursuant to paragraphs
(1) through (8) and paragraph (10) of subsection (a) of
section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and
(a)(10)).
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'',
$247,000,000, to remain available until expended, for
necessary expenses related to the consequences of wildfires,
hurricanes, and other natural disasters occurring in and
prior to calendar year 2023, including winter storm damages
at Midway Atoll National Wildlife Refuge.
National Park Service
construction
For an additional amount for ``Construction'',
$1,500,000,000, to remain available until expended, for
necessary expenses related to the consequences of wildfires,
hurricanes, and other natural disasters occurring in and
prior to calendar year 2023.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $41,040,000, to remain available until expended,
for necessary expenses related to the consequences of
wildfires, hurricanes, and other natural disasters occurring
in and prior to calendar year 2023.
[[Page H10281]]
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', $44,500,000, to remain available until expended,
for necessary expenses related to the consequences of
wildfires, hurricanes, and other natural disasters occurring
in and prior to calendar year 2023.
construction
For an additional amount for ``Construction'', $2,500,000,
to remain available until expended, for necessary expenses
related to the consequences of wildfires, hurricanes, and
other natural disasters occurring in and prior to calendar
year 2023.
Bureau of Indian Education
education construction
For an additional amount for ``Education Construction'',
$90,465,000, to remain available until expended, for
necessary expenses related to the consequences of flooding at
the To'Hajiilee Community School.
Departmental Offices
Department-Wide Programs
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$75,000,000, to remain available until expended, for wildland
fire suppression activities.
For an additional amount for ``Wildland Fire Management'',
$429,000,000, to remain available until expended: Provided,
That of the funds provided under this paragraph in this Act,
$383,657,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022:
Provided further, That of the funds provided under this
paragraph in this Act, $45,343,000 shall be available for
fire preparedness.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage
Tank Trust Fund Program'', $1,000,000, to remain available
until expended, for necessary expenses related to the
consequences of Hurricanes Fiona and Ian.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $1,067,210,000, to remain available until expended,
of which $665,210,000 shall be for capitalization grants for
the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act, and of which
$402,000,000 shall be for capitalization grants under section
1452 of the Safe Drinking Water Act: Provided, That
notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking
Water Act, funds appropriated under this paragraph in this
Act shall be provided to States or Territories in EPA Regions
2 and 4 in amounts determined by the Administrator for
wastewater treatment works and drinking water facilities
impacted by Hurricanes Fiona and Ian: Provided further, That
States or Territories shall prioritize funds, as appropriate,
to Tribes and disadvantaged communities: Provided further,
That notwithstanding the requirements of section 603(i) of
the Federal Water Pollution Control Act and section 1452(d)
of the Safe Drinking Water Act, for the funds appropriated
under this paragraph in this Act, each State shall use 100
percent of the amount of its capitalization grants to provide
additional subsidization to eligible recipients in the form
of forgiveness of principal, negative interest loans or
grants, or any combination of these: Provided further, That
the funds appropriated under this paragraph in this Act shall
be used for eligible projects whose purpose is to reduce
flood or fire damage risk and vulnerability or to enhance
resiliency to rapid hydrologic change or natural disaster at
treatment works, as defined by section 212 of the Federal
Water Pollution Control Act, or any eligible facilities under
section 1452 of the Safe Drinking Water Act, and for other
eligible tasks at such treatment works or facilities
necessary to further such purposes: Provided further, That
the funds provided under this paragraph in this Act shall not
be subject to the matching or cost share requirements of
section 1452(e) of the Safe Drinking Water Act: Provided
further, That funds provided under this paragraph in this Act
shall not be subject to the matching or cost share
requirements of sections 602(b)(2), 602(b)(3), or 202 of the
Federal Water Pollution Control Act: Provided further, That
the Administrator of the Environmental Protection Agency may
retain up to $1,000,000 of the funds appropriated under this
paragraph in this Act for management and oversight.
For an additional amount for ``State and Tribal Assistance
Grants'', $150,000,000, to remain available until expended,
for technical assistance and grants under section 1442(b) of
the Safe Drinking Water Act (42 U.S.C. 300j-1(b)) in areas
where the President declared an emergency in August of fiscal
year 2022 pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided, That the Administrator of the Environmental
Protection Agency may retain up to three percent of the
amounts made available under this paragraph in this Act for
salaries, expenses, and administration: Provided further,
That the agency shall submit an annual report to the
Committees on Appropriations until all funds have been
obligated, with a status on the use of funds for this effort.
For an additional amount for ``State and Tribal Assistance
Grants'', $450,000,000, to remain available until expended,
for capitalization grants under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12): Provided, That
notwithstanding section 1452(a)(1)(D) of the Safe Drinking
Water Act, funds appropriated under this paragraph in this
Act shall be provided to States or Territories in EPA Region
4 in amounts determined by the Administrator in areas where
there the President declared an emergency in August of fiscal
year 2022 pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided further, That notwithstanding the requirements of
section 1452(d) of the Safe Drinking Water Act, for the funds
appropriated under this paragraph in this Act, each State
shall use 100 percent of the amount of its capitalization
grants to provide additional subsidization to eligible
recipients in the form of forgiveness of principal, grants,
negative interest loans, other loan forgiveness, and through
buying, refinancing, or restructuring debt or any combination
thereof: Provided further, That the funds provided under this
paragraph in this Act shall not be subject to the matching or
cost share requirements of section 1452(e) of the Safe
Drinking Water Act: Provided further, That the Administrator
of the Environmental Protection Agency may retain up to
$1,000,000 of the funds appropriated under this paragraph in
this Act for management and oversight.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For an additional amount for ``Forest and Rangeland
Research'', $2,000,000, to remain available until expended,
for necessary expenses related to the consequences of
calendar year 2020, 2021, and 2022 wildfires, hurricanes, and
other natural disasters.
state and private forestry
For an additional amount for ``State and Private
Forestry'', $148,000,000, to remain available until expended,
for necessary expenses related to the consequences of
calendar year 2020, 2021, and 2022 wildfires, hurricanes, and
other natural disasters: Provided, That of the amounts made
available under this heading in this Act, up to $20,000,000
is for grants to states to support economic recovery
activities in communities damaged by wildfire: Provided
further, That of the amounts made available under this
heading in this Act, no less than $100,000,000 is for
cooperative lands forest management activities.
national forest system
For an additional amount for ``National Forest System'',
$210,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar
year 2020, 2021, and 2022 wildfires, hurricanes, and other
natural disasters, including for high priority post-wildfire
restoration for watershed protection, public access and
critical habitat, hazardous fuels mitigation for community
protection, and burned area recovery.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $150,000,000, to remain available until
expended, for necessary expenses related to the consequences
of calendar year 2020, 2021, and 2022 wildfires, hurricanes,
and other natural disasters.
wildland fire management
For an additional amount for ``Wildland Fire Management'',
$375,000,000, to remain available until expended, for
wildland fire suppression activities.
For an additional amount for ``Wildland Fire Management'',
$1,171,000,000, to remain available until expended: Provided,
That of the funds provided under this paragraph in this Act,
$1,011,000,000 shall be available for wildfire suppression
operations, and is provided to meet the terms of section
4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(g)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022:
Provided further, That of the funds provided under this
paragraph in this Act, $160,000,000 shall be available for
forest fire presuppression.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and
Program Support'', $86,000,000, to remain available until
September 30, 2024, for necessary expenses directly related
to the consequences of Hurricanes Fiona and Ian: Provided,
That funds appropriated under this heading in this Act may be
made available to restore amounts, either directly or through
reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of
Environmental Health Sciences'', $2,500,000, to remain
available until expended, for necessary expenses in carrying
out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986
related to the consequences of major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in 2022.
[[Page H10282]]
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$25,000,000, to remain available until September 30, 2024,
for necessary expenses directly related to the consequences
of Hurricanes Fiona and Ian: Provided, That funds
appropriated under this heading in this Act may be made
available to restore amounts, either directly or through
reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act: Provided further,
That funds appropriated under this heading in this Act may be
transferred to the accounts of Institutes and Centers of the
National Institutes of Health (NIH): Provided further, That
this transfer authority is in addition to any other transfer
authority available to the NIH.
Administration for Children and Families
low income home energy assistance
For an additional amount for ``Low Income Home Energy
Assistance'', $1,000,000,000, to remain available until
September 30, 2023, for making payments under subsection (b)
of section 2602 of the Low-Income Home Energy Assistance Act
of 1981 (42 U.S.C. 8621 et seq.): Provided, That of the funds
made available under this heading in this Act, $500,000,000
shall be allocated as though the total appropriation for such
payments for fiscal year 2023 was less than $1,975,000,000.
For an additional amount for ``Low Income Home Energy
Assistance'', $2,500,000,000, to remain available until
September 30, 2023, for making payments under subsection (b)
of section 2602 of the Low-Income Home Energy Assistance Act
of 1981 (42 U.S.C. 8621 et seq.).
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the
Child Care and Development Block Grant'', $100,000,000, to
remain available through September 30, 2024, for necessary
expenses directly related to the consequences of Hurricanes
Fiona and Ian, including activities authorized under section
319(a) of the Public Health Service Act: Provided, That the
Secretary shall allocate such funds to States, Territories,
and tribes based on assessed need notwithstanding sections
658J and 658O of the Child Care and Development Block Grant
Act of 1990: Provided further, That not to exceed 2 percent
of funds appropriated under this heading in this Act may be
reserved, to remain available until expended, for Federal
administration costs: Provided further, That such funds may
be used for alteration, renovation, construction, equipment,
and other capital improvement costs, including for child care
facilities without regard to section 658F(b) of such Act, and
for other expenditures related to child care, as necessary to
meet the needs of areas affected by Hurricanes Fiona and Ian:
Provided further, That funds made available under this
heading in this Act may be used without regard to section
658G of such Act and with amounts allocated for such purposes
excluded from the calculation of percentages under subsection
658E(c)(3) of such Act: Provided further, That
notwithstanding section 658J(c) of such Act, funds allotted
to a State may be obligated by the State in that fiscal year
or the succeeding three fiscal years: Provided further, That
Federal interest provisions will not apply to the renovation
or construction of privately-owned family child care homes,
and the Secretary shall develop parameters on the use of
funds for family child care homes: Provided further, That the
Secretary shall not retain Federal interest after a period of
10 years (from the date on which the funds are made available
to purchase or improve the property) in any facility
renovated or constructed with funds made available under this
heading in this Act: Provided further, That funds made
available under this heading in this Act shall not be
available for costs that are reimbursed by the Federal
Emergency Management Agency, under a contract for insurance,
or by self-insurance: Provided further, That funds
appropriated under this heading in this Act may be made
available to restore amounts, either directly or through
reimbursement, for obligations incurred for such purposes,
prior to the date of enactment of this Act.
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $408,000,000, to remain available until
September 30, 2027, for necessary expenses directly related
to the consequences of Hurricanes Fiona and Ian, including
activities authorized under section 319(a) of the Public
Health Service Act: Provided, That $345,000,000 of the amount
provided under this heading in this Act shall be for Head
Start programs, including making payments under the Head
Start Act: Provided further, That none of funds made
available in the preceding proviso shall be included in the
calculation of the ``base grant'' in subsequent fiscal years,
as such term is defined in sections 640(a)(7)(A) of the Head
Start Act: Provided further, That funds made available in
first proviso are not subject to the allocation requirements
of section 640(a) of the Head Start Act or the matching
requirements of section 640(b) of such Act: Provided further,
That $10,000,000 of the amount provided under this heading in
this Act shall be for payments to States, Territories, and
tribes for activities authorized under subpart 1 of part B of
title IV of the Social Security Act, with such funds
allocated based on assessed need notwithstanding section 423
of such Act and paid without regard to percentage limitations
in subsections (a), (c), or (e) in section 424 of such Act:
Provided further, That $10,000,000 of the amount provided
under this heading in this Act shall be for payments to
States, Territories, tribes, and coalitions for carrying out
sections 303(a) and 303(b) of the Family Violence Prevention
and Services Act, notwithstanding the matching requirements
in section 306(c)(4) of such Act and allocated based on
assessed need, notwithstanding section 303(a)(2) of such Act:
Provided further, That the Secretary may make funds made
available under the preceding proviso available for providing
temporary housing and assistance to victims of family,
domestic, and dating violence: Provided further, That funds
made available by the fifth proviso shall be available for
expenditure, by a State, Territory, tribe, coalition, or any
recipient of funds from a grant, through the end of fiscal
year 2027: Provided further, That $25,000,000 of the amount
made available under this heading in this Act shall be for
payments to States, territories, and tribes authorized under
the Community Services Block Grant Act, with such funds
allocated based on assessed need, notwithstanding sections
674(b), 675A, and 675B of such Act: Provided further, That
notwithstanding section 676(b)(8) of the Community Services
Block Grant Act, each State, Territory, or tribe receiving
funds made available under the preceding proviso may allocate
funds to eligible entities based on assessed need: Provided
further, That for services furnished under the CSBG Act with
funds appropriated under this heading in this Act, a State,
territory or tribe that receives a supplemental grant award
may apply the last sentence of section 673(2) of the CSBG Act
by substituting ``200 percent'' for ``125 percent'': Provided
further, That funds made available under this heading in this
Act may be used for alteration, renovation, construction,
equipment, and other capital improvement costs as necessary
to meet the needs of areas affected by Hurricanes Fiona and
Ian: Provided further, That the Secretary shall not retain
Federal interest after a period of 10 years (from the date on
which the funds are made available to purchase or improve the
property) in any facility renovated, repaired, or rebuilt
with funds appropriated under this heading in this Act, with
the exception of funds appropriated for Head Start programs:
Provided further, That funds made available under this
heading in this Act shall not be available for costs that are
reimbursed by the Federal Emergency Management Agency, under
a contract for insurance, or by self-insurance: Provided
further, That up to $18,000,000, to remain available until
expended, shall be available for Federal administrative
expenses: Provided further, That funds appropriated under
this heading in this Act may be made available to restore
amounts, either directly or through reimbursement, for
obligations incurred for such purposes, prior to the date of
enactment of this Act.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $128,792,000, to remain available
until September 30, 2024, for necessary expenses directly
related to the consequences of Hurricanes Fiona and Ian,
including activities authorized under section 319(a) of the
Public Health Service Act (referred to under this heading as
the ``PHS Act''): Provided, That funds made available under
this heading in this Act may be used for alteration,
renovation, construction, equipment, and other capital
improvement costs as necessary to meet the needs of areas
affected by Hurricanes Fiona and Ian: Provided further, That
funds made available under this heading in this Act may be
used for the purchase or hire of vehicles: Provided further,
That of the amount made available under this heading in this
Act, $65,000,000 shall be transferred to ``Health Resources
and Services Administration--Primary Health Care'' for
expenses directly related to a disaster or emergency for
disaster response and recovery, for the Health Centers
Program under section 330 of the PHS Act, including
alteration, renovation, construction, equipment, and other
capital improvement costs as necessary to meet the needs of
areas affected by a disaster or emergency: Provided further,
That the time limitation in section 330(e)(3) of the PHS Act
shall not apply to funds made available under the preceding
proviso: Provided further, That of the amount made available
under this heading in this Act, not less than $22,000,000
shall be transferred to ``Substance Abuse and Mental Health
Services Administration--Health Surveillance and Program
Support'' for grants, contracts, and cooperative agreements
for behavioral health treatment (including screening and
diagnosis), treatment of substance use disorders (including
screening and diagnosis), crisis counseling, and other
related helplines, and for other similar programs to provide
support to individuals impacted by a disaster or emergency:
Provided further, That of the amount made available under
this heading in this Act, not less than $15,000,000 shall be
transferred to ``Administration for Community Living--Aging
and Disability Services Programs'' for necessary expenses
directly related to the consequences of Hurricanes Fiona and
Ian: Provided further, That funds made available under the
preceding proviso are not subject to the allotment,
reservation, matching, or application and State and area
requirements of the Older Americans Act of 1965 and
Rehabilitation Act of 1973: Provided further, That of the
amount made available under this heading in this Act, not
less than $392,000 shall be transferred to ``Food and Drug
Administration--Buildings and Facilities'' for costs related
to repair of facilities, for replacement of equipment, and
for other increases in facility-related costs due to the
consequences of Hurricanes Fiona and Ian: Provided further,
That of the amount made available under this heading in this
Act, up to $2,000,000, to remain available until expended,
shall be transferred to ``Office of the Secretary--Office of
Inspector General'' for oversight of activities responding to
such disasters or emergencies.
[[Page H10283]]
GENERAL PROVISIONS--THIS TITLE
Sec. 2801. (a) In General.--As the Secretary of Health and
Human Services determines necessary to respond to a critical
hiring need for emergency response positions, after providing
public notice and without regard to the provisions of
sections 3309 through 3319 of title 5, United States Code,
the Secretary may appoint candidates directly to the
following positions, consistent with subsection (b), to
perform critical work directly relating to the consequences
of Hurricanes Fiona and Ian:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the Centers for
Disease Control and Prevention and the Office of the
Assistant Secretary for Preparedness and Response.
(b) Expiration.--The authority under subsection (a) shall
expire 270 days after the date of enactment of this section.
Sec. 2802. Not later than 45 days after the date of
enactment of this Act, the agencies receiving funds
appropriated by this title shall provide a detailed operating
plan of anticipated uses of funds made available in this
title by State and Territory, and by program, project, and
activity, to the Committees on Appropriations: Provided, That
no such funds shall be obligated before the operating plans
are provided to the Committees: Provided further, That such
plans shall be updated, including obligations to date and
anticipated use of funds made available in this title, and
submitted to the Committees on Appropriations biweekly until
all such funds are expended.
TITLE IX
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $41,040,000, to remain available until
September 30, 2025, for necessary expenses related to the
consequences of Hurricanes Ian and Fiona: Provided, That, not
later than 60 days after the date of enactment of this Act,
the Secretary of the Navy, or their designee, shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate an expenditure plan for funds
provided under this heading in this Act: Provided further,
That such funds may be obligated or expended for planning and
design and military construction projects not otherwise
authorized by law.
TITLE X
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief
Program'' as authorized under section 125 of title 23, United
States Code, $803,000,000, to remain available until
expended: Provided, That notwithstanding subsection (e) of
section 120 of title 23, United States Code, for this fiscal
year and hereafter, the Federal share for Emergency Relief
funds made available under section 125 of such title to
respond to damage caused by Hurricane Fiona, shall be 100
percent.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for ``Public Transportation
Emergency Relief Program'' as authorized under section 5324
of title 49, United States Code, $213,905,338, to remain
available until expended, for transit systems affected by
major declared disasters occurring in calendar years 2017,
2020, 2021, and 2022: Provided, That not more than three-
quarters of 1 percent of the funds for public transportation
emergency relief shall be available for administrative
expenses and ongoing program management oversight as
authorized under sections 5334 and 5338(c)(2) of such title
and shall be in addition to any other appropriations for such
purpose.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
tenant-based rental assistance
For an additional amount for ``Tenant-Based Rental
Assistance'', $2,653,580,000, to remain available until
expended, for activities specified in paragraph (1)
(excluding any set-asides) of such heading in title II of
division L of this consolidated Act.
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development
Fund'', $3,000,000,000, to remain available until expended,
for the same purposes and under the same terms and conditions
as funds appropriated under such heading in title VIII of the
Disaster Relief Supplemental Appropriations Act, 2022
(division B of Public Law 117-43), except that such amounts
shall be for major disasters that occurred in 2022 or later
until such funds are fully allocated and the fourth,
twentieth, and twenty-first provisos under such heading in
such Act shall not apply: Provided, That amounts made
available under this heading in this Act and under such
heading in such Act may be used by a grantee to assist
utilities as part of a disaster-related eligible activity
under section 105(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5305(a)): Provided further, That of
the amounts made available under this heading in this Act, up
to $10,000,000 shall be made available for capacity building
and technical assistance, including assistance on contracting
and procurement processes, to support States, units of
general local government, or Indian tribes (and their
subrecipients) that receive allocations related to major
disasters under this heading in this, prior, or future Acts:
Provided further, That of the amounts made available under
this heading in this Act, up to $5,000,000 shall be
transferred to ``Department of Housing and Urban
Development--Program Office Salaries and Expenses--Community
Planning and Development'' for necessary costs, including
information technology costs, of administering and overseeing
the obligation and expenditure of amounts made available
under this heading in this Act or any prior or future Act
that makes amounts available for purposes related to major
disasters under such heading: Provided further, That the
amount specified in the preceding proviso shall be combined
with funds appropriated under this same heading for this same
purpose in any prior Acts and the aggregate of such amounts
shall be available for the costs of administering and
overseeing any funds appropriated to the Department related
to major disasters in this, prior, or future Acts,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That of the amounts made
available under this heading in this Act, up to $5,000,000
shall be transferred to ``Department of Housing and Urban
Development--Office of the Inspector General'' for necessary
costs of overseeing and auditing amounts made available under
this heading in this Act or any prior or future Act that
makes amounts available for purposes related to major
disasters under such heading: Provided further, That amounts
repurposed under this heading that were previously designated
by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 or
a concurrent resolution on the budget are designated by the
Congress as an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and
section 1(e) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022.
Housing Programs
project-based rental assistance
For an additional amount for ``Project-Based Rental
Assistance'', $969,420,000, to remain available until
expended.
TITLE XI
GENERAL PROVISIONS--THIS ACT
Sec. 21101. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for
the fiscal year involved.
Sec. 21102. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 21103. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations
accounts shall be available under the authorities and
conditions applicable to such appropriations accounts for
fiscal year 2023.
Sec. 21104. Each amount provided by this division is
designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022.
This division may be cited as the ``Disaster Relief
Supplemental Appropriations Act, 2023''.
DIVISION O--EXTENDERS AND TECHNICAL CORRECTIONS
TITLE I--NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION
EXTENSION
SEC. 101. EXTENSION OF DHS AUTHORITY AND REPORTING.
Section 227(a) of the Federal Cybersecurity Enhancement Act
of 2015 (6 U.S.C. 1525(a)) is amended by striking ``the date
that is 7 years after the date of enactment of this Act'' and
inserting ``September 30, 2023''.
TITLE II--NDAA TECHNICAL CORRECTIONS
SEC. 201. BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION.
(a) In General.--Subsection (a) of section 611 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 is amended--
(1) in the matter preceding paragraph (1), by striking
``402b(b)'' and inserting ``402b'';
(2) by striking paragraph (1) and inserting the following:
``(1) in subsection (b)(2)--
``(A) by inserting `(A)' before `the gross';
``(B) by striking `130 percent' and inserting `150
percent';
``(C) by striking `; and' and inserting `; or'; and
``(D) by inserting at the end the following:
`` `(B) if the Secretary concerned determines it
appropriate (based on location, household need, or special
circumstance), the gross household income of the member
during the most recent calendar year did not exceed an amount
equal to 200 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location of
the member and the number of individuals in the household of
the member for such year; and'; and''; and
(3) by striking paragraph (2) and inserting the following:
``(2) in subsection (c)(1)(A), by striking `130 percent'
and inserting `150 percent (or, in the case of a member
described in subsection (b)(2)(B), 200 percent)'.''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in the enactment of such
Act.
[[Page H10284]]
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--
``(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
[[Page H10285]]
systems failures (including by cockpit or flight manual
procedures).''.
(c) Costs.--Any costs associated with the safety
enhancements required by section 44744 of title 49, United
States Code, as added by subsection (a), shall be borne by
the holder of the type certificate.
(d) Congressional Briefings.--Not later than March 1, 2023,
and on a quarterly basis thereafter, the Administrator shall
brief Congress on the status of--
(1) the issuance of a type certificate for the Boeing 737-7
and 737-10, including any design enhancements, pilot
procedures, or training requirements resulting from system
safety assessments; and
(2) the implementation of safety enhancements for Boeing
737 MAX aircraft, as required by section 44744 of title 49,
United States Code, as added by subsection (a).
(e) Clerical Amendment.--The chapter analysis for chapter
447 of title 49, United States Code, is amended by inserting
after the item relating to section 44743 the following:
``44744. Flight Crew Alerting.''.
TITLE VI--EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES
SEC. 601. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED
SUBSTANCES.
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of
Fentanyl Analogues Act (Public Law 116-114), section 2 of
such Act is amended by striking ``December 31, 2022''and
inserting ``December 31, 2024''.
TITLE VII--FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY
AND SAFETY AUTHORITY
SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING
INTEGRITY AND SAFETY AUTHORITY.
Section 1204(e) of the Horseracing Integrity and Safety Act
of 2020 (15 U.S.C. 3053(e)) is amended to read as follows:
``(e) Amendment by Commission of Rules of Authority.--The
Commission, by rule in accordance with section 553 of title
5, United States Code, may abrogate, add to, and modify the
rules of the Authority promulgated in accordance with this
Act as the Commission finds necessary or appropriate to
ensure the fair administration of the Authority, to conform
the rules of the Authority to requirements of this Act and
applicable rules approved by the Commission, or otherwise in
furtherance of the purposes of this Act.''.
TITLE VIII--UNITED STATES PAROLE COMMISSION EXTENSION
SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) Short Title.--This section may be cited as the ``United
States Parole Commission Additional Extension Act of 2022''.
(b) Amendment of Sentencing Reform Act of 1984.--For
purposes of section 235(b) of the Sentencing Reform Act of
1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032),
as such section relates to chapter 311 of title 18, United
States Code, and the United States Parole Commission, each
reference in such section to ``35 years and 46 days'' or
``35-year and 46-day period'' shall be deemed a reference to
``36 years'' or ``36-year period'', respectively.
(c) Effective Date.--Subsection (b) shall take effect as
though enacted as part of the Further Continuing
Appropriations and Extensions Act, 2023.
(d) Superseded Provision.--Section 103 of division B of the
Further Continuing Appropriations and Extensions Act, 2023
shall have no force or effect.
TITLE IX--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47
U.S.C. 309(j)(11)) is amended by striking ``December 23,
2022'' and inserting ``March 9, 2023''.
TITLE X--BUDGETARY EFFECTS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory Paygo Scorecards.--The budgetary effects of
this division and each succeeding division shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate Paygo Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 4106
of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division and each
succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(d) Balances on the PAYGO Scorecards.--
(1) Fiscal year 2023.--For the purposes of the annual
report issued pursuant to section 5 of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the
second session of the 117th Congress, and for determining
whether a sequestration order is necessary under such
section, the debit for the budget year on the 5-year
scorecard, if any, and the 10-year scorecard, if any, shall
be deducted from such scorecards in 2023 and added to such
scorecards in 2025.
(2) Fiscal year 2024.--For the purposes of the annual
report issued pursuant to section 5 of the Statutory Pay-As-
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the
first session of the 118th Congress, and for determining
whether a sequestration order is necessary under such
section, the debit for the budget year on the 5-year
scorecard, if any, and the 10-year scorecard, if any, shall
be deducted from such scorecards in 2024 and added to such
scorecards in 2025.
DIVISION P--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
SEC. 1. SHORT TITLE, ETC.
This division may be cited as the ``Electoral Count Reform
and Presidential Transition Improvement Act of 2022''.
TITLE I--ELECTORAL COUNT REFORM ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Electoral Count Reform Act
of 2022''.
SEC. 102. TIME FOR APPOINTING ELECTORS.
(a) In General.--Title 3, United States Code, is amended by
striking sections 1 and 2 and inserting the following:
``Sec. 1. Time of appointing electors
``The electors of President and Vice President shall be
appointed, in each State, on election day, in accordance with
the laws of the State enacted prior to election day.''.
(b) Election Day.--Section 21 of title 3, United States
Code, is amended by redesignating subsections (a) and (b) as
paragraphs (2) and (3), respectively, and by inserting before
paragraph (2) (as so redesignated) the following:
``(1) `election day' means the Tuesday next after the first
Monday in November, in every fourth year succeeding every
election of a President and Vice President held in each
State, except, in the case of a State that appoints electors
by popular vote, if the State modifies the period of voting,
as necessitated by force majeure events that are
extraordinary and catastrophic, as provided under laws of the
State enacted prior to such day, `election day' shall include
the modified period of voting.''.
(c) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 1 and inserting the
following:
``1. Time of appointing electors.''.
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN
ELECTORAL COLLEGE.
Section 4 of title 3, United States Code, is amended by
inserting ``enacted prior to election day'' after ``by law''.
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF
ELECTORS.
(a) Determination.--Section 5 of title 3, United States
Code, is amended to read as follows:
``Sec. 5. Certificate of ascertainment of appointment of
electors
``(a) In General.--
``(1) Certification.--Not later than the date that is 6
days before the time fixed for the meeting of the electors,
the executive of each State shall issue a certificate of
ascertainment of appointment of electors, under and in
pursuance of the laws of such State providing for such
appointment and ascertainment enacted prior to election day.
``(2) Form of certificate.--Each certificate of
ascertainment of appointment of electors shall--
``(A) set forth the names of the electors appointed and the
canvass or other determination under the laws of such State
of the number of votes given or cast for each person for
whose appointment any and all votes have been given or cast;
``(B) bear the seal of the State; and
``(C) contain at least one security feature, as determined
by the State, for purposes of verifying the authenticity of
such certificate.
``(b) Transmission.--It shall be the duty of the executive
of each State--
``(1) to transmit to the Archivist of the United States,
immediately after the issuance of a certificate of
ascertainment of appointment of electors and by the most
expeditious method available, such certificate of
ascertainment of appointment of electors; and
``(2) to transmit to the electors of such State, on or
before the day on which the electors are required to meet
under section 7, six duplicate-originals of the same
certificate.
``(c) Treatment of Certificate as Conclusive.--For purposes
of section 15:
``(1) In general.--
``(A) Certificate issued by executive.--Except as provided
in subparagraph (B), a certificate of ascertainment of
appointment of electors issued pursuant to subsection (a)(1)
shall be treated as conclusive in Congress with respect to
the determination of electors appointed by the State.
``(B) Certificates issued pursuant to court orders.--Any
certificate of ascertainment of appointment of electors
required to be issued or revised by any State or Federal
judicial relief granted prior to the date of the meeting of
electors shall replace and supersede any other certificates
submitted pursuant to this section.
``(2) Determination of federal questions.--The
determination of Federal courts on questions arising under
the Constitution or laws of the United States with respect to
a certificate of ascertainment of appointment of electors
shall be conclusive in Congress.
``(d) Venue and Expedited Procedure.--
``(1) In general.--Any action brought by an aggrieved
candidate for President or Vice President that arises under
the Constitution or laws of the United States with respect to
the issuance of the certification required under section
(a)(1),
[[Page H10286]]
or the transmission of such certification as required under
subsection (b), shall be subject to the following rules:
``(A) Venue.--The venue for such action shall be the
Federal district court of the Federal district in which the
State capital is located.
``(B) 3-judge panel.--Such action shall be heard by a
district court of three judges, convened pursuant to section
2284 of title 28, United States Code, except that--
``(i) the court shall be comprised of two judges of the
circuit court of appeals in which the district court lies and
one judge of the district court in which the action is
brought; and
``(ii) section 2284(b)(2) of such title shall not apply.
``(C) Expedited procedure.--It shall be the duty of the
court to advance on the docket and to expedite to the
greatest possible extent the disposition of the action,
consistent with all other relevant deadlines established by
this chapter and the laws of the United States.
``(D) Appeals.--Notwithstanding section 1253 of title 28,
United States Code, the final judgment of the panel convened
under subparagraph (B) may be reviewed directly by the
Supreme Court, by writ of certiorari granted upon petition of
any party to the case, on an expedited basis, so that a final
order of the court on remand of the Supreme Court may occur
on or before the day before the time fixed for the meeting of
electors.
``(2) Rule of construction.--This subsection--
``(A) shall be construed solely to establish venue and
expedited procedures in any action brought by an aggrieved
candidate for President or Vice President as specified in
this subsection that arises under the Constitution or laws of
the United States; and
``(B) shall not be construed to preempt or displace any
existing State or Federal cause of action.''.
(b) Executive of a State.--Section 21 of title 3, United
States Code, as amended by section 102(b), is amended by
striking paragraph (3) and inserting the following:
``(3) `executive' means, with respect to any State, the
Governor of the State (or, in the case of the District of
Columbia, the Mayor of the District of Columbia), except when
the laws or constitution of a State in effect as of election
day expressly require a different State executive to perform
the duties identified under this chapter.''.
(c) Conforming Amendments.--
(1) Section 9 of title 3, United States Code, is amended by
striking ``annex to each of the certificates one of the lists
of the electors'' and inserting ``annex to each of the
certificates of votes one of the certificates of
ascertainment of appointment of electors''.
(2) The table of contents for chapter 1 of title 3, United
States Code, is amended by striking the items relating to
sections 5 inserting the following:
``5. Certificate of ascertainment of appointment of electors.''.
SEC. 105. DUTIES OF THE ARCHIVIST.
(a) In General.--Section 6 of title 3, United States Code,
is amended to read as follows:
``Sec. 6. Duties of Archivist
``The certificates of ascertainment of appointment of
electors received by the Archivist of the United States under
section 5 shall--
``(1) be preserved for one year;
``(2) be a part of the public records of such office; and
``(3) be open to public inspection.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the items relating to section 6 and inserting the
following:
``6. Duties of Archivist.''.
SEC. 106. MEETING OF ELECTORS.
(a) Time for Meeting.--Section 7 of title 3, United States
Code, is amended--
(1) by striking ``Monday'' and inserting ``Tuesday''; and
(2) by striking ``as the legislature of such State shall
direct'' and inserting ``in accordance with the laws of the
State enacted prior to election day''.
(b) Clarification on Sealing of Certificates of Votes.--
Section 10 of such title is amended by striking ``the
certificates so made by them'' and inserting ``the
certificates of votes so made by them, together with the
annexed certificates of ascertainment of appointment of
electors''.
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.
(a) In General.--Section 11 of title 3, United States Code,
is amended to read as follows:
``Sec. 11. Transmission of certificates by electors
``The electors shall immediately transmit at the same time
and by the most expeditious method available the certificates
of votes so made by them, together with the annexed
certificates of ascertainment of appointment of electors, as
follows:
``(1) One set shall be sent to the President of the Senate
at the seat of government.
``(2) Two sets shall be sent to the chief election officer
of the State, one of which shall be held subject to the order
of the President of the Senate, the other to be preserved by
such official for one year and shall be a part of the public
records of such office and shall be open to public
inspection.
``(3) Two sets shall be sent to the Archivist of the United
States at the seat of government, one of which shall be held
subject to the order of the President of the Senate and the
other of which shall be preserved by the Archivist of the
United States for one year and shall be a part of the public
records of such office and shall be open to public
inspection.
``(4) One set shall be sent to the judge of the district in
which the electors shall have assembled.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 11 and inserting the
following:
``11. Transmission of certificates by electors.''.
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH
RECIPIENTS.
(a) In General.--Section 12 of title 3, United States Code,
is amended--
(1) by inserting ``, after the meeting of the electors
shall have been held,'' after ``When'';
(2) by striking ``and list'' each place it appears;
(3) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in
December,'';
(4) by striking ``or, if he be absent'' and inserting ``or,
if the President of the Senate be absent'';
(5) by striking ``secretary of State'' and insert ``chief
election officer'';
(6) by striking ``lodged with him'' and inserting ``lodged
with such officer'';
(7) by striking ``his duty'' and inserting ``the duty of
such chief election officer of the State''; and
(8) by striking ``by registered mail'' and inserting ``by
the most expeditious method available''.
(b) Continued Failure.--Section 13 of title 3, United
States Code, is amended--
(1) by inserting ``, after the meeting of the electors
shall have been held,'' after ``When'';
(2) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in
December,'';
(3) by striking ``or, if he be absent'' and inserting ``or,
if the President of the Senate be absent''; and
(4) by striking ``that list'' and inserting ``that
certificate''.
(c) Elimination of Messenger's Penalty.--
(1) In general.--Title 3, United States Code, is amended by
striking section 14.
(2) Conforming amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 14.
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL
VOTES.
(a) In General.--Section 15 of title 3, United States Code,
is amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
``(a) In General.--Congress shall be in session on the
sixth day of January succeeding every meeting of the
electors. The Senate and House of Representatives shall meet
in the Hall of the House of Representatives at the hour of 1
o'clock in the afternoon on that day, and the President of
the Senate shall be their presiding officer.
``(b) Powers of the President of Senate.--
``(1) Ministerial in nature.--Except as otherwise provided
in this chapter, the role of the President of the Senate
while presiding over the joint session shall be limited to
performing solely ministerial duties.
``(2) Powers explicitly denied.--The President of the
Senate shall have no power to solely determine, accept,
reject, or otherwise adjudicate or resolve disputes over the
proper certificate of ascertainment of appointment of
electors, the validity of electors, or the votes of electors.
``(c) Appointment of Tellers.--At the joint session of the
Senate and House of Representatives described in subsection
(a), there shall be present two tellers previously appointed
on the part of the Senate and two tellers previously
appointed on the part of the House of Representatives by the
presiding officers of the respective chambers.
``(d) Procedure at Joint Session Generally.--
``(1) In general.--The President of the Senate shall--
``(A) open the certificates and papers purporting to be
certificates of the votes of electors appointed pursuant to a
certificate of ascertainment of appointment of electors
issued pursuant to section 5, in the alphabetical order of
the States, beginning with the letter A; and
``(B) upon opening any certificate, hand the certificate
and any accompanying papers to the tellers, who shall read
the same in the presence and hearing of the two Houses.
``(2) Action on certificate.--
``(A) In general.--Upon the reading of each certificate or
paper, the President of the Senate shall call for objections,
if any.
``(B) Requirements for objections or questions.--
``(i) Objections.--No objection or other question arising
in the matter shall be in order unless the objection or
question--
``(I) is made in writing;
``(II) is signed by at least one-fifth of the Senators duly
chosen and sworn and one-fifth of the Members of the House of
Representatives duly chosen and sworn; and
``(III) in the case of an objection, states clearly and
concisely, without argument, one of the grounds listed under
clause (ii).
``(ii) Grounds for objections.--The only grounds for
objections shall be as follows:
``(I) The electors of the State were not lawfully certified
under a certificate of ascertainment of appointment of
electors according to section 5(a)(1).
``(II) The vote of one or more electors has not been
regularly given.
``(C) Consideration of objections and questions.--
``(i) In general.--When all objections so made to any vote
or paper from a State, or other question arising in the
matter, shall have been received and read, the Senate shall
thereupon withdraw, and such objections and questions shall
be submitted to the Senate for its decision; and the Speaker
of the House of Representatives shall, in like manner, submit
such objections and questions to the House of Representatives
for its decision.
[[Page H10287]]
``(ii) Determination.--No objection or any other question
arising in the matter may be sustained unless such objection
or question is sustained by separate concurring votes of each
House.
``(D) Reconvening.--When the two Houses have voted, they
shall immediately again meet, and the presiding officer shall
then announce the decision of the questions submitted. No
vote or paper from any other State shall be acted upon until
the objections previously made to any vote or paper from any
State , and other questions arising in the matter, shall have
been finally disposed of.
``(e) Rules for Tabulating Votes.--
``(1) Counting of votes.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) only the votes of electors who have been appointed
under a certificate of ascertainment of appointment of
electors issued pursuant to section 5, or who have legally
been appointed to fill a vacancy of any such elector pursuant
to section 4, may be counted; and
``(ii) no vote of an elector described in clause (i) which
has been regularly given shall be rejected.
``(B) Exception.--The vote of an elector who has been
appointed under a certificate of ascertainment of appointment
of electors issued pursuant to section 5 shall not be counted
if--
``(i) there is an objection which meets the requirements of
subsection (d)(2)(B)(i); and
``(ii) each House affirmatively sustains the objection as
valid.
``(2) Determination of majority.--If the number of electors
lawfully appointed by any State pursuant to a certificate of
ascertainment of appointment of electors that is issued under
section 5 is fewer than the number of electors to which the
State is entitled under section 3, or if an objection the
grounds for which are described in subsection
(d)(2)(B)(ii)(I) has been sustained, the total number of
electors appointed for the purpose of determining a majority
of the whole number of electors appointed as required by the
Twelfth Amendment to the Constitution shall be reduced by the
number of electors whom the State has failed to appoint or as
to whom the objection was sustained.
``(3) List of votes by tellers; declaration of winner.--The
tellers shall make a list of the votes as they shall appear
from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall thereupon
announce the state of the vote, which announcement shall be
deemed a sufficient declaration of the persons, if any,
elected President and Vice President of the United States,
and, together with a list of the votes, be entered on the
Journals of the two Houses.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 15 and inserting the
following:
``15. Counting electoral votes in Congress.''.
SEC. 110. RULES RELATING TO JOINT SESSION.
(a) Limit of Debate in Each House.--Section 17 of title 3,
United States Code, is amended to read as follows:
``Sec. 17. Same; limit of debate in each House
``When the two Houses separate to decide upon an objection
pursuant to section 15(d)(2)(C)(i) that may have been made to
the counting of any electoral vote or votes from any State,
or other question arising in the matter--
``(1) all such objections and questions permitted with
respect to such State shall be considered at such time;
``(2) each Senator and Representative may speak to such
objections or questions for up to five minutes, and not more
than once;
``(3) the total time for debate for all such objections and
questions with respect to such State shall not exceed two
hours in each House, equally divided and controlled by the
Majority Leader and Minority Leader, or their respective
designees; and
``(4) at the close of such debate, it shall be the duty of
the presiding officer of each House to put each of the
objections and questions to a vote without further debate.''.
(b) Parliamentary Procedure.--Section 18 of title 3, United
States Code, is amended by inserting ``under section
15(d)(2)(C)(i)'' after ``motion to withdraw''.
(c) Conforming Amendments.--
(1) Sections 16 of title 3, United States Code, is amended
by striking ``meeting'' each place it appears in the text and
in the heading and inserting ``session''.
(2) Sections 18 of title 3, United States Code, is amended
by striking ``meeting'' each place it appears in the text and
in the heading and inserting ``session''.
(3) The table of contents for chapter 1 of title 3, United
States Code, is amended--
(A) by striking ``meeting'' in the item relating to section
16 and inserting ``session''; and
(B) by striking ``meeting'' in the item relating to section
18 and inserting ``session''.
SEC. 111. SEVERABILITY.
(a) In General.--Title 3, United States Code, is amended by
inserting after section 21 the following new section:
``Sec. 22. Severability
``If any provision of this chapter, or the application of a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this chapter, and the
application of the provisions to any person or circumstance,
shall not be affected by the holding.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
adding at the end the following:
``22. Severability.''.
TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Presidential Transition
Improvement Act''.
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF
1963.
(a) In General.--Section 3 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) is amended by striking
subsection (c) and inserting the following:
``(c)(1) Apparent Successful Candidates.--
``(A) In general.--For purposes of this Act, the `apparent
successful candidate' for the office of President and Vice
President, respectively, shall be determined as follows:
``(i) If all but one eligible candidate for the office of
President and one eligible candidate for the office of Vice
President, respectively, concede the election, then the
candidate for each such office who has not conceded shall be
the apparent successful candidate for each such office.
``(ii) If, on the date that is 5 days after the date of the
election, more than one eligible candidate for the office of
President has not conceded the election, then each of the
remaining eligible candidates for such office and the office
of Vice President who have not conceded shall be treated as
the apparent successful candidates until such time as a
single candidate for the office of President is treated as
the apparent successful candidate pursuant to clause (iii) or
clause (iv).
``(iii) If a single candidate for the office of President
or Vice President is determined by the Administrator to meet
the qualifications under subparagraph (B), the Administrator
may determine that such candidate shall solely be treated as
the apparent successful candidate for that office until such
time as a single candidate for the office of President is
treated as the apparent successful candidate pursuant to
clause (iv).
``(iv) If a single candidate for the office of President or
Vice President is the apparent successful candidate for such
office under subparagraph (C), that candidate shall solely be
treated as the apparent successful candidate for that office.
``(B) Interim discretionary qualifications.--On or after
the date that is 5 days after the date of the election, the
Administrator may determine that a single candidate for the
office of President or Vice President shall be treated as the
sole apparent successful candidate for that office pursuant
to subparagraph (A)(iii) if it is substantially certain the
candidate will receive a majority of the pledged votes of
electors, based on consideration of the following factors:
``(i) The results of the election for such office in States
in which significant legal challenges that could alter the
outcome of the election in the State have been substantially
resolved, such that the outcome is substantially certain.
``(ii) The certified results of the election for such
office in States in which the certification is complete.
``(iii) The results of the election for such office in
States in which there is substantial certainty of an apparent
successful candidate based on the totality of the
circumstances.
``(C) Mandatory qualifications.--
``(i) In general.--Notwithstanding subparagraph (A) or (B),
a candidate shall be the sole apparent successful candidate
for the office of President or Vice President pursuant to
subparagraph (A)(iv) for purposes of this Act if--
``(I) the candidate receives a majority of pledged votes of
electors of such office based on certifications by States of
their final canvass, and the conclusion of any recounts,
legal actions, or administrative actions pertaining to the
results of the election for such office;
``(II) in the case where subclause (I) is not met, the
candidate receives a majority of votes of electors of such
office at the meeting and vote of electors under section 7 of
title 3, United States Code; or
``(III) in the case where neither subclause (I) or (II) is
met, the candidate is declared as the person elected to such
office at the joint session of Congress under section 15 of
title 3, United States Code.
``(ii) Clarification if state unable to certify election
results or appoints more than one slate of electors.--For
purposes of subclauses (I) and (II) of clause (i), if a State
is unable to certify its election results or a State appoints
more than one slate of electors, the votes of the electors of
such State shall not count towards meeting the qualifications
under such subclauses.
``(2) Period of Multiple Possible Apparent Successful
Candidates.--During any period in which there is more than
one possible apparent successful candidate for the office of
President--
``(A) the Administrator is authorized to provide, upon
request, to each remaining eligible candidate for such office
and the office of Vice President described in paragraph
(1)(A)(ii) access to services and facilities pursuant to this
Act;
``(B) the Administrator, in conjunction with the Federal
Transition Coordinator designated under section 4(c) and the
senior career employee of each agency and senior career
employee of each major component and subcomponent of each
agency designated under subsection (f)(1) to oversee and
implement the activities of the agency, component, or
subcomponent relating to the Presidential transition, shall
make efforts to ensure that each such candidate is provided
equal access to agency information and spaces as requested
pursuant to this Act;
``(C) the Administrator shall provide weekly reports to
Congress containing a brief summary of the status of funds
being distributed to such candidates under this Act, the
level of access to agency information and spaces provided to
such candidates, and the status of such candidates with
respect to meeting the qualifications to be the apparent
successful candidate for the office
[[Page H10288]]
of President or Vice President under subparagraph (B) or (C)
of paragraph (1); and
``(D) if a single candidate for the office of President or
Vice President is treated as the apparent successful
candidate for such office pursuant to subparagraph (A)(iii)
or (A)(iv) of paragraph (1), not later than 24 hours after
such treatment is effective, the Administrator shall make
available to the public a written statement that such
candidate is treated as the sole apparent successful
candidate for such office for purposes of this Act, including
a description of the legal basis and reasons for such
treatment based on the qualifications under subparagraph (B)
or (C) of paragraph (1), as applicable.
``(3) Definition.--In this subsection, the term `eligible
candidate' has the meaning given that term in subsection
(h)(4).''.
(b) Conforming Amendments.--The Presidential Transition Act
of 1963 (3 U.S.C. 102 note) is amended--
(1) in section 3--
(A) in the heading, by striking ``presidents-elect and
vice-presidents-elect'' and inserting ``apparent successful
candidates'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``each President-elect, each Vice-
President-elect'' and inserting ``each apparent successful
candidate for the office of President and Vice President (as
determined by subsection (c))''; and
(II) by striking ``the President-elect and Vice-President-
elect'' and inserting ``each such candidate'';
(ii) in paragraph (1)--
(I) by striking ``the President-elect, the Vice-President-
elect'' and inserting ``the apparent successful candidate'';
and
(II) by striking ``the President-elect or Vice-President-
elect'' and inserting ``the apparent successful candidate'';
(iii) in paragraphs (2), (3), (4), and (5), by striking
``the President-elect or Vice-President-elect'' each place it
appears and inserting ``the apparent successful candidate'';
(iv) in paragraph (4)(B), by striking ``the President-
elect, the Vice-President-elect, or the designee of the
President-elect or Vice-President-elect'' and inserting ``the
apparent successful candidate or their designee'';
(v) in paragraph (8), in subparagraph (A)(v) and (B), by
striking ``the President-elect'' and inserting ``the apparent
successful candidate for the office of President''; and
(vi) in paragraph (10)--
(I) by striking ``any President-elect, Vice-President-
elect, or eligible candidate'' and inserting ``any apparent
successful candidate or eligible candidate''; and
(II) by striking ``the President-elect and Vice President-
elect'' and inserting ``the apparent successful candidates'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``the President-elect or
Vice-President-elect, or after the inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting ``the
apparent successful candidates, or after the inauguration of
the apparent successful candidate for the office of President
as President and the inauguration of the apparent successful
candidate for the office of Vice President as Vice
President''; and
(ii) in paragraph (2), by striking ``the President-elect,
Vice-President-elect'' and inserting ``the apparent
successful candidate'';
(D) in subsection (d)--
(i) in the first sentence, by striking ``Each President-
elect'' and inserting ``Each apparent successful candidate
for the office of President''; and
(ii) in the second sentence, by striking ``Each Vice-
President-elect'' and inserting ``Each apparent successful
candidate for the office of Vice-President'';
(E) in subsection (e)--
(i) in the first sentence, by striking ``Each President-
elect and Vice-President-elect'' and inserting ``Each
apparent successful candidate''; and
(ii) in the second sentence, by striking ``any President-
elect or Vice-President-elect may be made upon the basis of a
certificate by him or the assistant designated by him'' and
inserting ``any apparent successful candidate may be made
upon the basis of a certificate by the candidate or their
designee'';
(F) in subsection (f)--
(i) in paragraph (1), by striking ``The President-elect''
and inserting ``Any apparent successful candidate for the
office of President''; and
(ii) in paragraph (2), by striking ``inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting
``inauguration of the apparent successful candidate for the
office of President as President and the inauguration of the
apparent successful candidate for the office of Vice
President as Vice President'';
(G) in subsection (g), by striking ``In the case where the
President-elect is the incumbent President or in the case
where the Vice-President-elect is the incumbent Vice
President'' and inserting ``In the case where an apparent
successful candidate for the office of President is the
incumbent President or in the case where an apparent
successful candidate for the office of Vice President is the
incumbent Vice President'';
(H) in subsection (h)--
(i) in paragraph (2)(B)(iv), by striking ``the President-
elect or Vice-President-elect'' and inserting ``an apparent
successful candidate''; and
(ii) in paragraph (3)(B)(iii), by striking ``the President-
elect or Vice-President-elect'' and inserting ``an apparent
successful candidate''; and
(I) in subsection (i)(3)(C)--
(i) in clause (i), by striking ``the inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting ``the
inauguration of the apparent successful candidate for the
office of President as President and the inauguration of the
apparent successful candidate for the office of Vice
President as Vice President''; and
(ii) in clause (ii), by striking ``upon request of the
President-elect or the Vice-President-elect'' and inserting
``upon request of the apparent successful candidate'';
(2) in section 4--
(A) in subsection (e)--
(i) in paragraph (1)(B), by striking ``the President-elect
and Vice-President-elect'' and inserting ``the apparent
successful candidates (as determined by section 3(c))''; and
(ii) in paragraph (4)(B), by striking ``the President-elect
is inaugurated'' and inserting ``the apparent successful
candidate for the office of President is inaugurated''; and
(B) in subsection (g)--
(i) in paragraph (3)(A), by striking ``the President-
elect'' and inserting ``the apparent successful candidate for
the office of President''; and
(ii) in paragraph (3)(B)(ii)(III), by striking ``the
President-elect'' and inserting ``the apparent successful
candidate for the office of President'';
(3) in section 5, in the first sentence, by striking
``Presidents-elect and Vice-Presidents-elect'' and inserting
``apparent successful candidates (as determined by section
3(c))'';
(4) in section 6--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``The President-elect and Vice-President-
elect'' and inserting ``Each apparent successful candidate
(as determined by section 3(c))''; and
(II) by striking ``the President-elect or Vice-President-
elect'' and inserting ``the apparent successful candidate'';
(ii) in paragraph (2), by striking ``The President-elect
and Vice-President-elect'' and inserting ``Each apparent
successful candidate''; and
(iii) in paragraph (3)(A), by striking ``inauguration of
the President-elect as President and the Vice-President-elect
as Vice President'' and inserting ``inauguration of the
apparent successful candidate for the office of President as
President and the apparent successful candidate for the
office of Vice-President as Vice President'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by striking
``The President-elect and Vice-President-elect'' and
inserting ``Each apparent successful candidate''; and
(ii) in subparagraph (A), by striking ``the President-elect
or Vice-President-elect's'' and inserting ``the apparent
successful candidate's''; and
(C) in subsection (c), by striking ``The President-elect
and Vice-President-elect'' and inserting ``Each apparent
successful candidate''; and
(5) in section 7(a)(1), by striking ``the President-elect
and Vice President-elect'' and inserting ``the apparent
successful candidates''.
DIVISION Q--AVIATION RELATED MATTERS
SEC. 101. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish a
pilot program to provide grants that assist an eligible
entity to plan for the development and deployment of
infrastructure necessary to facilitate AAM operations,
locally and regionally, within the United States.
(b) Planning Grants.--
(1) In general.--The Secretary shall provide grants to
eligible entities to develop comprehensive plans under
paragraph (2) related to AAM infrastructure.
(2) Comprehensive plan.--
(A) In general.--Not later than 1 year after receiving a
grant under this subsection, an eligible entity shall submit
to the Secretary a comprehensive plan, including the
development of potential public use or private-owned
vertiport infrastructure, in a format capable of being
published on the website of the Department of Transportation.
(B) Plan contents.--The Secretary shall establish content
requirements for comprehensive plans submitted under this
subsection, which shall include as many of the following as
possible:
(i) The identification of planned or potential public use
and private-owned vertiport locations.
(ii) A description of infrastructure necessary to support
AAM operations.
(iii) A description of types of planned or potential AAM
operations and a forecast for proposed vertiport operations,
including estimates for initial operations and future growth.
(iv) The identification of physical and digital
infrastructure required to meet any standards for vertiport
design and performance characteristics established by the
Federal Aviation Administration (as in effect on the date on
which the Secretary issues a grant to an eligible entity),
including modifications to existing infrastructure and ground
sensors, electric charging or other fueling requirements,
electric utility requirements, wireless and cybersecurity
requirements, fire safety, perimeter security, and other
necessary hardware or software.
(v) A description of any hazard associated with planned or
potential vertiport infrastructure, such as handling of
hazardous materials, batteries, or other fuel cells, charging
or fueling of aircraft, aircraft rescue and firefighting
response, and emergency planning.
(vi) A description of potential environmental effects of
planned or potential construction or siting of vertiports,
including efforts to reduce potential aviation noise.
(vii) A description of how planned or potential vertiport
locations, including new or repurposed
[[Page H10289]]
infrastructure, fit into State and local transportation
systems and networks, including--
(I) connectivity to existing public transportation hubs and
intermodal and multimodal facilities for AAM operations;
(II) opportunities to create new service to rural areas and
areas underserved by air transportation; or
(III) any potential conflict with existing aviation
infrastructure that may arise from the planned or potential
location of the vertiport.
(viii) A description of how vertiport planning will be
incorporated in State or metropolitan planning documents.
(ix) The identification of the process an eligible entity
will undertake to ensure an adequate level of engagement with
any potentially impacted community for each planned or
potential vertiport location and planned or potential AAM
operations, such as engagement with communities in rural
areas, underserved communities, Tribal communities,
individuals with disabilities, or racial and ethnic
minorities to address equity of access.
(x) The identification of State, local, or private sources
of funding an eligible entity may use to assist with the
construction or operation of a vertiport.
(xi) The identification of existing Federal aeronautical
and airspace requirements that must be met for the eligible
entity's planned or potential vertiport location.
(xii) The identification of the actions necessary for an
eligible entity to undertake the construction of a vertiport,
such as planning studies to assess existing infrastructure,
environmental studies, studies of projected economic benefit
to the community, lease or acquisition of an easement or land
for new infrastructure, and activities related to other
capital costs.
(3) Application.--To apply for a grant under this
subsection, an eligible entity shall provide to the Secretary
an application in such form, at such time, and containing
such information as the Secretary may require.
(4) Selection.--
(A) In general.--In awarding grants under this subsection,
the Secretary shall consider the following:
(i) Geographic diversity.
(ii) Diversity of the proposed models of infrastructure
financing and management.
(iii) Diversity of proposed or planned AAM operations.
(iv) The need for comprehensive plans that--
(I) ensure the safe and efficient integration of AAM
operations into the National Airspace System;
(II) improve transportation safety, connectivity, access,
and equity in both rural and urban regions in the United
States;
(III) leverage existing public transportation systems and
intermodal and multimodal facilities;
(IV) reduce surface congestion and the environmental
impacts of transportation;
(V) grow the economy and create jobs in the United States;
and
(VI) encourage community engagement when planning for AAM-
related infrastructure.
(B) Priority.--The Secretary shall prioritize awarding
grants under this subsection to eligible entities that
collaborate with commercial AAM entities, institutions of
higher education, research institutions, or other relevant
stakeholders to develop and prepare a comprehensive plan.
(C) Minimum allocation to rural areas.--The Secretary shall
ensure that not less than 20 percent of the amounts made
available under subsection (c) are used to award grants to
eligible entities that submit a comprehensive plan under
paragraph (2) that is related to infrastructure located in a
rural area.
(5) Grant amount.--Each grant made under this subsection
shall be made in an amount that is not more than $1,000,000.
(6) Briefing.--
(A) In general.--Not later than 180 days after the first
comprehensive plan is submitted under paragraph (2), and
every 180 days thereafter through September 30, 2025, the
Secretary shall provide a briefing to the appropriate
committees of Congress on the comprehensive plans submitted
to the Secretary under such paragraph.
(B) Contents.--The briefing required under subparagraph (A)
shall include--
(i) an evaluation of all planned or potential vertiport
locations included in the comprehensive plans submitted under
paragraph (2) and how such planned or potential vertiport
locations may fit into the overall United States
transportation system and network; and
(ii) a description of lessons or best practices learned
through the review of comprehensive plans and how the
Secretary will incorporate any such lessons or best practices
into Federal standards or guidance for the design and
operation of AAM infrastructure and facilities.
(c) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary to carry out this section $12,500,000 for
each of fiscal years 2023 and 2024, to remain available until
expended.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may retain up to 1 percent
for personnel, contracting, and other costs to establish and
administer the pilot program under this section.
(d) Termination.--
(1) In general.--No grant may be awarded under this section
after September 30, 2024.
(2) Continued funding.--Funds authorized to be appropriated
pursuant to subsection (c) may be expended after September
30, 2024--
(A) for grants awarded prior to September 30, 2024; and
(B) for administrative expenses.
(e) Definitions.--In this section:
(1) Advanced air mobility; aam.--The terms ``advanced air
mobility'' and ``AAM'' have the meaning given such terms in
section 2(i) of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Commercial aam entities.--The term ``commercial AAM
entities'' means--
(A) manufacturers of aircraft, avionics, propulsion
systems, and air traffic management systems related to AAM;
(B) intended commercial operators of AAM aircraft and
systems; and
(C) intended commercial operators and developers of
vertiports.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, or Tribal government, including a
political subdivision thereof;
(B) an airport sponsor;
(C) a transit agency;
(D) a port authority;
(E) a metropolitan planning organization; or
(F) any combination or consortium of the entities described
in subparagraphs (A) through (E).
(5) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 5303(b) of title 49, United States Code.
(6) Rural area.--The term ``rural area'' means an area
located outside a metropolitan statistical area (as
designated by the Office of Management and Budget).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(8) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands, and
Guam.
(9) Vertiport.--The term ``vertiport'' means a designated
location used or intended to be used to support AAM
operations, including the landing, take-off, loading,
taxiing, parking, and storage of aircraft developed for AAM
operations.
(10) Vertical take-off and landing aircraft.--The term
``vertical take-off and landing aircraft'' has the meaning
given such term in section 2(i) of the Advanced Air Mobility
Coordination and Leadership Act (49 U.S.C. 40101 note).
(f) Rule of Construction.--Nothing in this section may be
construed as conferring upon any person, State, local, or
Tribal government the authority to determine the safety of
any AAM operation or the feasibility of simultaneous
operations by AAM and conventional aircraft within any given
area of the national airspace system.
SEC. 102. SAMYA ROSE STUMO NATIONAL AIR GRANT FELLOWSHIP
PROGRAM.
(a) Short Title.--This section may be cited as the ``Samya
Rose Stumo National Air Grant Fellowship Program Act of
2022''.
(b) Designation.--
(1) In general.--Section 131 of division V of the
Consolidated Appropriations Act of 2021 (49 U.S.C. 40101
note) is amended--
(A) in the section heading, by inserting ``samya rose
stumo'' before ``national air grant fellowship program'';
(B) in the paragraph heading of subsection (a)(4), by
inserting ``Samya rose stumo'' before ``National air grant
fellowship program''; and
(C) by inserting ``Samya Rose Stumo'' before ``National Air
Grant Fellowship Program'' each place it appears.
(2) Clerical amendment.--Section 101(b) of division V of
the Consolidated Appropriations Act of 2021 (Public Law 116-
260) is amended by striking the item relating to section 131
and by inserting the following:
``Sec. 131. Samya Rose Stumo National Air Grant Fellowship Program.''.
(c) References.--On and after the date of enactment of this
section, any reference in a law, regulation, document, paper,
or other record of the United States to the ``National Air
Grant Fellowship Program'' shall be deemed to be a reference
to the ``Samya Rose Stumo National Air Grant Fellowship
Program''.
(d) Sense of Congress.--It is the sense of Congress that--
(1) the lives of 189 passengers and crew, who died in the
Lion Air Flight 610 crash on October 29, 2018, are
commemorated and recognized, including, but not limited to,
Captain Bhavye Suneja, First Officer Harvino, Permadi
Anggrimulja, Liu Chandra, Chairul Aswan, Resti Amelia, Reni
Ariyanti, Daniel Suhardja Wijaya, Mardiman, Dadang, Diah
Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici Ariska, Fendi
Christanto, Dr. Ibnu Fajariyadi Hantoro, Inayah Fatwa Kurnia
Dewi, Hendra, Hesti Nuraini, Henry Heuw, Khotijah, Jannatun
Cintya Dewi, Ammad Mughni, Sudibyo Onggowardoyo, Shintia
Melina, Citra Novita Anggelia Putri, Alviani Hidayatul
Solikha, Damayanti Simarmata, Mery Yulyanda, Putri Yuniarsi,
Putty Fatikah Rani, Tan Toni, Tami Julian, Moedjiono, Deny
Maula, Michelle Vergina Bonkal, Mathew Darryl Bongkal, Adonia
Magdiel Bonkal, Fiona Ayu Zen S, Agil Nugroho Septian, Wahyu
Alldilla, Xherdan Fachredzi, Deryl Fida Febrianto, Bambang
Rosali Usman, Nikki Bagus Santoso, Andrea Manfredi, Muhammad
Luthfi Nurrandhani, Shandy Johan Ramadhan, Muchtar Rasyid,
Rebiyanti, Eka Suganda, Yulia Silvianti, Syahrudin, Sekar
Maulana, Fais Saleh Harharah, Natalia Setiawan, Alfiani
Hidayatul Solikah, Robert Susanto, Rudolf Petrus Sayers,
Muhammad Syafi, Sian Sian, Arif Yustian, Vicky Ardian, Wanto,
and Verian Utama;
(2) the life of Samya Rose Stumo and the lives of 156
passengers and crew who died in the
[[Page H10290]]
Ethiopian Airlines Flight 302 crash on March 10, 2019, are
commemorated and recognized, including, but not limited to,
Abdishakur Shahad, Abdullahi Mohammed, Adam Kornaski, Adam
Mbicha, Professor Agnes W. Gathumbi, Ahmednur Mohammed Omar,
Alexandra Wachtmeister, Ama Tesfamariam, Ambassador Abiodun
Oluremi Bashua, Ameen Ismail Noormohamed, Amina Ibrahim
Odawaa, Amos Namanya, Angela Rehhorn, Ann Wangui Karanja,
Anne Mogoi Birundu, Anne (last name unknown), Anne-Katrin
Feigl, Anushka Dixit, Ashka Dixit, Kosha Vaidya, Prerit
Dixit, Bennett Riffel, Benson Maina Gathu, Bernard Musembi
Mutua, Captain Yared Getachew, Carolyne Karanja, Ryan
Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa, Chunming
Jack Wang, Cosmas Kipngetich Rogony, CP Christine Alalo,
Danielle Moore, Darcy Belanger, Dawn Tanner, Djordje Vdovic,
Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha
Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Father George
Mukua, First Officer Ahmednur Mohammed, Ayantu Girma, Sara
Gebre Michael, Carlo Spini, Gabriella Viciani, George Kabau,
George Kabugi, George Kamau Thugge, Getnet Alemayehu,
GaoShuang, Ghislaine De Claremont, Harina Hafitz, Siraje
Hussein Abdi, Hussein Swaleh, Isaac Mwangi, Isabella Beryl
Achieng Jaboma, Jackson Musoni, Jared Babu Mwazo, Mercy Ngami
Ndivo, Jessica Hyba, Joanna Toole, Jonathan Seex, Jordi
Dalmau Sayol, Josefin Ekermann, Joseph Kuria Waithaka, Julia
Mwashi, Karim Saafi, Karoline Aadland, Kodjo Glato, Marcelino
Rassul Tayob, Marie Philipp, Maria Pilar Buzzetti, Matthew
Vecere, Max Thabiso Edkins, Mel Riffel, Micah John Messent,
Michael Ryan, Meraf Yirgalem Areda, Juliet Otieno, Mulugeta
Asfaw Shenkut, Mulusew Alemu, Mwazo, Nadia Adam Abaker Ali,
Oliver Vick, Paolo Dieci, Peter DeMarsh, Professor Adesanmi,
Saad Khalaf Al-Mutairi, Sam Pegram, Sara Chalachew, Sarah
Auffret, Sebastiano Tusa, Shikha Garg, Sintayehu Aymeku,
Sintayehu Shafi Balaker, Sofia Faisal Abdulkadir, Stephanie
Lacroix, Stella Mbicha Konarska, Tamirat Mulu Demessie,
Anthony Wanjohi Ngare, United States Army Captain Antoine
Lewis, Vaibhav Lahoti, Victor Tsang, Virginia Chimenit,
WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander
Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini
Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala
Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser
Fatehy Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim,
Abdel-Hamid Farrag Mohamed Magly, Essmat Abdel-Sattar Taha
Aransa, Jin Yetao, Derick Lwugi, Reverend Sister Florence
Wangari Yongi, Melvin Riffel, Mwazo Mercy Ngami, Reverend
Norman Tendis, and Pius Adesanmi;
(3) the life of Indonesian diver Syachrul Anto, who died
during search and rescue recovery operations in the aftermath
of the Lion Air Flight 610 crash, is commemorated and
recognized; and
(4) the Senate and the House of Representatives express
their condolences to the families, friends, and loved ones of
those who died on Lion Air Flight 610 and Ethiopian Airlines
Flight 302 and commend their ongoing advocacy to advance
aviation safety for the flying public at large.
SEC. 103. TEMPORARY INSURANCE FOR AIR CARRIERS FOR CERTAIN
TERMINATED COVERAGE.
(a) In General.--Chapter 443 of title 49, United States
Code, is amended by inserting after section 44302 the
following:
``Sec. 44302a. Temporary insurance
``(a) In General.--The Secretary may provide insurance or
reinsurance under this section to or for an air carrier for 1
coverage period not to exceed 90 days. Except as otherwise
provided in this section, such insurance or reinsurance shall
be subject to the requirements of this chapter.
``(b) Restrictions.--A policy for insurance or reinsurance
issued under this section--
``(1) may not be issued unless the insurance carrier of the
air carrier has unilaterally terminated the air carrier's war
risk liability coverage pursuant to--
``(A) notice under the policy;
``(B) an endorsement to the policy; or
``(C) an automatic termination provision in the policy or
any endorsement thereto; and
``(2) may cover hull, comprehensive, and third party
liability risks.
``(c) Premium.--A premium for insurance or reinsurance
provided under this section shall be calculated based on a
prorated amount equivalent to the premium that was in effect
under the terminated insurance carrier policy.
``(d) Approval.--A policy for insurance or reinsurance
provided under this section--
``(1) shall be exempt from the requirements of section
44302(c); and
``(2) may provide coverage to the extent allowed under
section 44303, as determined by the Secretary,
notwithstanding any determination by the President in
subsection (a)(1) of such section.''.
(b) Conforming Amendments.--
(1) General authority.--Section 44303(a) of title 49,
United States Code, is amended by striking ``section 44302''
and inserting ``sections 44302 and 44302a''.
(2) Ending effective date.--Section 44310(a) of title 49,
United States Code, is amended by striking ``section 44305''
and inserting ``sections 44302a and 44305''.
(c) Clerical Amendment.--The analysis for chapter 443 of
title 49, United States Code, is amended by inserting after
the item relating to section 44302 the following:
``44302a. Temporary insurance.''.
SEC. 104. REMOVAL OF RESTRICTION ON VETERANS CONCURRENTLY
SERVING IN THE OFFICES OF ADMINISTRATOR AND
DEPUTY ADMINISTRATOR OF THE FEDERAL AVIATION
ADMINISTRATION.
Section 106(d)(1) of title 49, United States Code, is
amended by striking ``, a retired regular officer of an armed
force, or a former regular officer of an armed force''.
SEC. 105. NATIONAL AVIATION PREPAREDNESS PLAN.
(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary of Transportation,
in coordination with the Secretary of Health and Human
Services, the Secretary of Homeland Security, and the heads
of such other Federal departments or agencies as the
Secretary of Transportation considers appropriate, shall
develop a national aviation preparedness plan for
communicable disease outbreaks.
(b) Contents of Plan.--The plan developed under subsection
(a) shall, at a minimum--
(1) provide airports and air carriers with an adaptable and
scalable framework with which to align the individual plans,
including the emergency response plans, of such airports and
air carriers and provide guidance as to each individual plan;
(2) improve coordination among airports, air carriers, the
Transportation Security Administration, U.S. Customs and
Border Protection, the Centers for Disease Control and
Prevention, other appropriate Federal entities, and State and
local governments and health agencies with respect to
preparing for and responding to communicable disease
outbreaks;
(3) to the extent practicable, improve coordination among
relevant international entities;
(4) create a process to identify appropriate personal
protective equipment, if any, for covered employees to reduce
the likelihood of exposure to a covered communicable disease,
and thereafter issue recommendations for the equipage of such
employees;
(5) create a process to identify appropriate techniques,
strategies, and protective infrastructure, if any, for the
cleaning, disinfecting, and sanitization of aircraft and
enclosed facilities owned, operated, or used by an air
carrier or airport, and thereafter issue recommendations
pertaining to such techniques, strategies, and protective
infrastructure;
(6) create a process to evaluate technologies and develop
procedures to effectively screen passengers for communicable
diseases, including through the use of temperature checks if
appropriate, for domestic and international passengers, crew
members, and other individuals passing through airport
security checkpoints;
(7) identify and assign Federal agency roles in the
deployment of emerging and existing technologies and
solutions to reduce covered communicable diseases in the
aviation ecosystem;
(8) clearly delineate the responsibilities of the sponsors
and operators of airports, air carriers, and Federal agencies
in responding to a covered communicable disease;
(9) incorporate, as appropriate, the recommendations made
by the Comptroller General of the United States to the
Secretary of Transportation contained in the report titled
``Air Travel and Communicable Diseases: Comprehensive Federal
Plan Needed for U.S. Aviation System's Preparedness'', issued
in December 2015 (GAO-16-127);
(10) consider the latest peer-reviewed scientific studies
that address communicable disease with respect to air
transportation; and
(11) consider funding constraints.
(c) Consultation.--When developing the plan under
subsection (a), the Secretary of Transportation shall consult
with aviation industry and labor stakeholders, including
representatives of--
(1) air carriers, which shall include domestic air carriers
consisting of major air carriers, low-cost carriers, regional
air carriers and cargo carriers;
(2) airport operators, including with respect to large hub,
medium hub, small hub, and nonhub commercial service
airports;
(3) labor organizations that represent airline pilots,
flight attendants, air carrier airport customer service
representatives, and air carrier maintenance, repair, and
overhaul workers;
(4) the labor organization certified under section 7111 of
title 5, United States Code, as the exclusive bargaining
representative of air traffic controllers of the Federal
Aviation Administration;
(5) the labor organization certified under such section as
the exclusive bargaining representative of airway
transportation systems specialists and aviation safety
inspectors of the Federal Aviation Administration;
(6) trade associations representing air carriers and
airports;
(7) aircraft manufacturing companies;
(8) general aviation; and
(9) such other stakeholders as the Secretary considers
appropriate.
(d) Report.--Not later than 30 days after the plan is
developed under subsection (a), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
includes such plan.
(e) Review of Plan.--Not later than 1 year after the date
on which a report is submitted under subsection (d), and
again not later than 5 years thereafter, the Secretary shall
review the plan included in such report and, after
consultation with aviation industry and labor stakeholders,
make changes by rule as the Secretary considers appropriate.
(f) GAO Study.--Not later than 18 months after the date of
enactment of this section, the Comptroller General shall
conduct and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a study assessing the national aviation preparedness
plan developed under subsection (a), including--
[[Page H10291]]
(1) whether such plan--
(A) is responsive to any previous recommendations relating
to aviation preparedness with respect to an outbreak of a
covered communicable disease or global health emergency made
by the Comptroller General; and
(B) meets the obligations of the United States under
international conventions and treaties; and
(2) the extent to which the United States aviation system
is prepared to respond to an outbreak of a covered
communicable disease.
(g) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee''
means--
(A) an individual whose job duties require interaction with
air carrier passengers on a regular and continuing basis and
who is an employee of--
(i) an air carrier;
(ii) an air carrier contractor;
(iii) an airport; or
(iv) the Federal Government; or
(B) an air traffic controller or systems safety specialist
of the Federal Aviation Administration.
(2) Covered communicable disease.--The term ``covered
communicable disease'' means a communicable disease that has
the potential to cause a future epidemic or pandemic of
infectious disease that would constitute a public health
emergency of international concern as declared, after the
date of enactment of this section, by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(3) Temperature check.--The term ``temperature check''
means the screening of an individual for a fever.
SEC. 106. AEROSPACE SUPPLY CHAIN RESILIENCY TASK FORCE.
(a) In General.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation
shall establish the Aerospace Supply Chain Resiliency Task
Force (in this section referred to as the ``Task Force'')
to--
(1) identify and assess risks to United States aerospace
supply chains, including the availability of raw materials
and critical manufactured goods, with respect to--
(A) major end items produced by the aerospace industry; and
(B) the infrastructure of the National Airspace System; and
(2) identify best practices and make recommendations to
mitigate risks identified under paragraph (1) and support a
robust United States aerospace supply chain.
(b) Membership.--
(1) In general.--The Secretary shall appoint not more than
21 individuals to the Task Force.
(2) Composition.--In appointing individuals to the Task
Force, the Secretary shall appoint:
(A) At least 1 individual representing each of the
following:
(i) Manufacturers of aircraft.
(ii) Manufacturers of avionics.
(iii) Manufacturers of aircraft propulsion systems.
(iv) Manufacturers of aircraft structures.
(v) Manufacturers of communications, navigation, and
surveillance equipment used for the provision of air traffic
services.
(vi) Manufacturers of commercial space transportation
launch vehicles.
(vii) Commercial air carriers.
(viii) General aviation operators.
(ix) Rotorcraft operators.
(x) Unmanned aircraft system operators.
(xi) Aircraft maintenance providers.
(xii) Aviation safety organizations.
(B) At least 1 individual representing certified labor
representatives of each of the following:
(i) Aircraft mechanics.
(ii) Aircraft engineers.
(iii) Aircraft manufacturers.
(iv) Airway transportation system specialists employed by
the Federal Aviation Administration.
(C) Individuals with expertise in logistics, economics,
supply chain management, or another field or discipline
related to the resilience of industrial supply chains.
(c) Activities.--In carrying out the responsibilities of
the Task Force described in subsection (a), the Task Force
shall--
(1) engage with the aerospace industry to document trends
in changes to production throughput and lead times of major
end items produced by the aerospace industry;
(2) determine the extent to which United States aerospace
supply chains are potentially exposed to significant
disturbances, including the existence of and potential for
supply chain issues such as chokepoints, bottlenecks, or
shortages that could prevent or inhibit the production or
flow of major end items and services;
(3) explore new solutions to resolve such supply chain
issues identified under paragraph (2), including through the
use of--
(A) existing aerospace infrastructure; and
(B) aerospace infrastructure, manufacturing capabilities,
and production capacities in small or rural communities;
(4) evaluate the potential for the introduction and
integration of advanced technology to--
(A) relieve such supply chain issues; and
(B) fill such gaps;
(5) utilize, to the maximum extent practicable, existing
supply chain studies, reports, and materials in carrying out
the activities described in this subsection; and
(6) provide recommendations to address, manage, and relieve
such supply chain issues.
(d) Meetings.--
(1) In general.--Except as provided in paragraph (2), the
Task Force shall convene at such times and places, and by
such means, as the Secretary determines to be appropriate,
which may include the use of remote conference technology.
(2) Timing.--The Task Force shall convene for an initial
meeting not later than 120 days after the date of enactment
of this section and at least every 90 days thereafter.
(e) Reports to Congress.--
(1) Report of task force.--
(A) In general.--Not later than 1 year after the date of
the initial meeting of the Task Force, the Task Force shall
submit to the appropriate committees of Congress a report on
the activities of the Task Force.
(B) Contents.--The report required under subparagraph (A)
shall include--
(i) best practices and recommendations identified pursuant
to subsection (a)(2);
(ii) a detailed description of the findings of the Task
Force pursuant to the activities required by subsection (c);
and
(iii) recommendations of the Task Force, if any, for
regulatory, policy, or legislative action to improve
Government efforts to reduce barriers, mitigate risk, and
bolster the resiliency of United States aerospace supply
chains.
(2) Report of secretary.--Not later than 180 days after the
submission of the report required under paragraph (1), the
Secretary shall submit a report to the appropriate committees
of Congress on the status or implementation of
recommendations of the Task Force included in the report
required under paragraph (1).
(f) Applicable Law.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Task Force.
(g) Sunset.--The Task Force shall terminate upon the
submission of the report required by subsection (e)(1).
(h) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(B) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) Major end item.--The term ``major end item'' means--
(A) an aircraft;
(B) an aircraft engine or propulsion system;
(C) communications, navigation, or surveillance equipment
used in the provision of air traffic services; and
(D) any other end item the manufacture and operation of
which has a significant effect on air commerce, as determined
by the Secretary.
SEC. 107. COVERED OPERATIONS ELECTIVE STANDARDS.
(a) In General.--Section 44729(a) of title 49, United
States Code, is amended by striking ``covered operations
until attaining 65 years of age.'' and inserting the
following: ``covered operations described in subsection
(b)(1) until attaining 65 years of age. Air carriers that
employ pilots who serve in covered operations described in
subsection (b)(2) may elect to implement an age restriction
to prohibit employed pilots from serving in such covered
operations after attaining 70 years of age by delivering
written notice to the Administrator of the Federal Aviation
Administration. Such election--
``(1) shall take effect 1 year after the date of delivery
of written notice of the election; and
``(2) may not be terminated after the date on which such
election takes effect by the air carrier.''.
(b) Covered Operations.--Section 44729(b) of title 49,
United States Code, is amended by striking ``means operations
under part 121 of title 14, Code of Federal Regulations.''
and inserting the following: ``means--
``(1) operations under part 121 of title 14, Code of
Federal Regulations; or
``(2) operations by a person that--
``(A) holds an air carrier certificate issued pursuant to
part 119 of title 14, Code of Federal Regulations, to conduct
operations under part 135 of such title;
``(B) holds management specifications under subpart K of
title 91 of title 14, Code of Federal Regulations; and
``(C) performed an aggregate total of at least 75,000
turbojet operations in calendar year 2019 or any subsequent
year.''.
(c) Protection for Compliance.--An action or election taken
in conformance with the amendments made by this section, or
taken in conformance with a regulation issued to carry out
the amendments made by this section, may not serve as a basis
for liability or relief in a proceeding brought under any
employment law or regulation before any court or agency of
the United States or of any State or locality.
DIVISION R--NO TIKTOK ON GOVERNMENT DEVICES
SEC. 101. SHORT TITLE.
This division may be cited as the ``No TikTok on Government
Devices Act''.
SEC. 102. PROHIBITION ON THE USE OF TIKTOK.
(a) Definitions.--In this section--
(1) the term ``covered application'' means the social
networking service TikTok or any successor application or
service developed or provided by ByteDance Limited or an
entity owned by ByteDance Limited;
(2) the term ``executive agency'' has the meaning given
that term in section 133 of title 41, United States Code; and
(3) the term ``information technology'' has the meaning
given that term in section 11101 of title 40, United States
Code.
(b) Prohibition on the Use of TikTok.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator
of General Services, the Director of the Cybersecurity and
Infrastructure Security Agency, the Director of National
Intelligence, and the Secretary of Defense, and consistent
with the information security requirements under subchapter
II of chapter 35 of title 44, United States Code, shall
develop standards and guidelines for executive agencies
requiring the removal of any covered application from
information technology.
[[Page H10292]]
(2) National security and research exceptions.--The
standards and guidelines developed under paragraph (1) shall
include--
(A) exceptions for law enforcement activities, national
security interests and activities, and security researchers;
and
(B) for any authorized use of a covered application under
an exception, requirements for executive agencies to develop
and document risk mitigation actions for such use.
DIVISION S--OCEANS RELATED MATTERS
TITLE I--DRIFTNET MODERNIZATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Driftnet Modernization and
Bycatch Reduction Act''.
SEC. 102. DEFINITION.
Section 3(25) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802(25)) is amended by
inserting ``, or with a mesh size of 14 inches or greater,''
after ``more''.
SEC. 103. FINDINGS AND POLICY.
(a) Findings.--Section 206(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1826(b))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) within the exclusive economic zone, large-scale
driftnet fishing that deploys nets with large mesh sizes
causes significant entanglement and mortality of living
marine resources, including myriad protected species, despite
limitations on the lengths of such nets.''.
(b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(c)) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) prioritize the phase out of large-scale driftnet
fishing in the exclusive economic zone and promote the
development and adoption of alternative fishing methods and
gear types that minimize the incidental catch of living
marine resources.''.
SEC. 104. TRANSITION PROGRAM.
Section 206 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1826) is amended by adding at
the end the following--
``(i) Fishing Gear Transition Program.--
``(1) In general.--During the 5-year period beginning on
the date of enactment of the Driftnet Modernization and
Bycatch Reduction Act, the Secretary shall conduct a
transition program to facilitate the phase-out of large-scale
driftnet fishing and adoption of alternative fishing
practices that minimize the incidental catch of living marine
resources, and shall award grants to eligible permit holders
who participate in the program.
``(2) Permissible uses.--Any permit holder receiving a
grant under paragraph (1) may use such funds only for the
purpose of covering--
``(A) any fee originally associated with a permit
authorizing participation in a large-scale driftnet fishery,
if such permit is surrendered for permanent revocation, and
such permit holder relinquishes any claim associated with the
permit;
``(B) a forfeiture of fishing gear associated with a permit
described in subparagraph (A); or
``(C) the purchase of alternative gear with minimal
incidental catch of living marine resources, if the fishery
participant is authorized to continue fishing using such
alternative gears.
``(3) Certification.--The Secretary shall certify that,
with respect to each participant in the program under this
subsection, any permit authorizing participation in a large-
scale driftnet fishery has been permanently revoked and that
no new permits will be issued to authorize such fishing.''.
SEC. 105. EXCEPTION.
Section 307(1)(M) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(M)) is
amended by inserting before the semicolon the following: ``,
unless such large-scale driftnet fishing--
``(i) deploys, within the exclusive economic zone, a net
with a total length of less than two and one-half kilometers
and a mesh size of 14 inches or greater; and
``(ii) is conducted within 5 years of the date of enactment
of the Driftnet Modernization and Bycatch Reduction Act''.
SEC. 106. FEES.
(a) In General.--The North Pacific Fishery Management
Council may recommend, and the Secretary of Commerce may
approve, regulations necessary for the collection of fees
from charter vessel operators who guide recreational anglers
who harvest Pacific halibut in International Pacific Halibut
Commission regulatory areas 2C and 3A as those terms are
defined in part 300 of title 50, Code of Federal Regulations
(or any successor regulations).
(b) Use of Fees.--Any fees collected under this section
shall be available for the purposes of--
(1) financing administrative costs of the Recreational
Quota Entity program;
(2) the purchase of halibut quota shares in International
Pacific Halibut Commission regulatory areas 2C and 3A by the
recreational quota entity authorized in part 679 of title 50,
Code of Federal Regulations (or any successor regulations);
(3) halibut conservation and research; and
(4) promotion of the halibut resource by the recreational
quota entity authorized in part 679 of title 50, Code of
Federal Regulations (or any successor regulations).
(c) Limitation on Collection and Availability.--Fees shall
be collected and available pursuant to this section only to
the extent and in such amounts as provided in advance in
appropriations Acts, subject to subsection (d).
(d) Fee Collected During Start-up Period.--Notwithstanding
subsection (c), fees may be collected through the date of
enactment of an Act making appropriations for the activities
authorized under this Act through September 30, 2023, and
shall be available for obligation and remain available until
expended.
TITLE II--FISHERY RESOURCE DISASTERS IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fishery Resource Disasters
Improvement Act''.
SEC. 202. FISHERY RESOURCE DISASTER RELIEF.
Section 312(a) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(a)) is amended to read as
follows:
``(a) Fishery Resource Disaster Relief.--
``(1) Definitions.--In this subsection:
``(A) Allowable cause.--The term `allowable cause' means a
natural cause, discrete anthropogenic cause, or undetermined
cause, including a cause that occurred not more than 5 years
prior to the date of a request for a fishery resource
disaster determination that affected such applicable fishery.
``(B) Anthropogenic cause.--The term `anthropogenic cause'
means an anthropogenic event, such as an oil spill or
spillway opening--
``(i) that could not have been addressed or prevented by
fishery management measures; and
``(ii) that is otherwise beyond the control of fishery
managers to mitigate through conservation and management
measures, including regulatory restrictions imposed as a
result of judicial action or to protect human health or
marine animals, plants, or habitats.
``(C) Fishery resource disaster.--The term `fishery
resource disaster' means a disaster that is determined by the
Secretary in accordance with this subsection and--
``(i) is an unexpected large decrease in fish stock biomass
or other change that results in significant loss of access to
the fishery resource, which may include loss of fishing
vessels and gear for a substantial period of time and results
in significant revenue loss or negative subsistence impact
due to an allowable cause; and
``(ii) does not include--
``(I) reasonably predictable, foreseeable, and recurrent
fishery cyclical variations in species distribution or stock
abundance; or
``(II) reductions in fishing opportunities resulting from
conservation and management measures taken pursuant to this
Act.
``(D) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130),
and the term `Tribal' means of or pertaining to such an
Indian tribe.
``(E) Natural cause.--The term `natural cause'--
``(i) means a weather, climatic, hazard, or biology-related
event, such as--
``(I) a hurricane;
``(II) a flood;
``(III) a harmful algal bloom;
``(IV) a tsunami;
``(V) a hypoxic zone;
``(VI) a drought;
``(VII) El Nino effects on water temperature;
``(VIII) a marine heat wave; or
``(IX) disease; and
``(ii) does not mean a normal or cyclical variation in a
species distribution or stock abundance.
``(F) 12-month revenue loss.--The term `12-month revenue
loss' means the percentage reduction, as applicable, in
commercial, charter, headboat, or processor revenue for the
affected fishery for the 12 months during which the fishery
resource disaster occurred, when compared to average annual
revenue in the most recent 5 years when no fishery resource
disaster occurred or equivalent for stocks with cyclical life
histories.
``(G) Undetermined cause.--The term `undetermined cause'
means a cause in which the current state of knowledge does
not allow the Secretary to identify the exact cause, and
there is no current conclusive evidence supporting a possible
cause of the fishery resource disaster.
``(2) General authority.--
``(A) In general.--The Secretary shall have the authority
to determine the existence, extent, and beginning and end
dates of a fishery resource disaster under this subsection in
accordance with this subsection.
``(B) Availability of funds.--After the Secretary
determines that a fishery resource disaster has occurred, the
Secretary is authorized to make sums available, from funds
appropriated for such purposes, to be used by the affected
State, Indian Tribe, or interstate marine fisheries
commission, or by the Secretary in cooperation with the
affected State, Indian Tribe, or interstate marine fisheries
commission.
``(C) Savings clause.--The requirements under this
paragraph and paragraphs (3), (4), and (5) shall take effect
only with respect to fishery resource disaster determination
requests submitted after the date of enactment of the Fishery
Resource Disasters Improvement Act.
``(3) Initiation of a fishery resource disaster review.--
``(A) Eligible requesters.--
``(i) In general.--If the Secretary has not independently
determined that a fishery resource disaster has occurred, a
request for a fishery resource disaster determination may be
submitted to the Secretary at any time, but not later than
the applicable date determined under clause (ii), by--
``(I) the Governor of an affected State;
``(II) an official resolution of an Indian Tribe; or
``(III) any other comparable elected or politically
appointed representative as determined by the Secretary.
[[Page H10293]]
``(ii) Applicable date.--The applicable date under this
clause shall be--
``(I) 1 year after the date of the conclusion of the
fishing season;
``(II) in the case of a distinct cause that occurs during
more than 1 consecutive fishing season, 2 years after the
date of the conclusion of the fishing season for which the
request for a fishery resource disaster determination is
made; or
``(III) in the case of a complete fishery closure, 1 year
after the date on which that closure is determined by the
Secretary.
``(B) Required information.--A complete request for a
fishery resource disaster determination under subparagraph
(A) shall include--
``(i) identification of all presumed affected fish stocks;
``(ii) identification of the fishery as Federal, non-
Federal, or both;
``(iii) the geographical boundaries of the fishery, as
determined by the eligible requester, including geographic
boundaries that are smaller than the area represented by the
eligible requester;
``(iv) preliminary information on causes of the fishery
resource disaster, if known; and
``(v) information needed to support a finding of a fishery
resource disaster, including--
``(I) information demonstrating the occurrence of an
unexpected large decrease in fish stock biomass or other
change that results in significant loss of access to the
fishery resource, which could include the loss of fishing
vessels and gear, for a substantial period of time;
``(II) significant--
``(aa) 12-month revenue loss for the affected fishery; or
``(bb) negative subsistence impact for the affected
fishery, or if a fishery resource disaster has occurred at
any time in the previous 5-year period, the most recent 5
years when no fishery resource disaster occurred;
``(III) if applicable, information on lost resource tax
revenues assessed by local communities, such as a raw fish
tax and local sourcing requirements; and
``(IV) if applicable and available, information on affected
fishery 12-month revenue loss for charter, headboat, or
processors related to the information provided under
subclause (I), subject to section 402(b).
``(C) Assistance.--The Secretary may provide data and
analysis assistance to an eligible requester described in
paragraph (1), if--
``(i) the assistance is so requested;
``(ii) the Secretary is in possession of the required
information described in subparagraph (B); and
``(iii) the data is not available to the requester, in
carrying out the complete request under subparagraph (B).
``(D) Initiation of review.--The Secretary shall have the
discretion to initiate a fishery resource disaster review
without a request.
``(4) Review process.--
``(A) Interim response.--Not later than 20 days after
receipt of a request under paragraph (3), the Secretary shall
provide an interim response to the individual that--
``(i) acknowledges receipt of the request;
``(ii) provides a regional contact within the National
Oceanographic and Atmospheric Administration;
``(iii) outlines the process and timeline by which a
request shall be considered; and
``(iv) requests additional information concerning the
fishery resource disaster, if the original request is
considered incomplete.
``(B) Evaluation of requests.--
``(i) In general.--The Secretary shall complete a review,
within the time frame described in clause (ii), using the
best scientific information available, in consultation with
the affected fishing communities, States, or Indian Tribes,
of--
``(I) the information provided by the requester and any
additional information relevant to the fishery, which may
include--
``(aa) fishery characteristics;
``(bb) stock assessments;
``(cc) the most recent fishery independent surveys and
other fishery resource assessments and surveys conducted by
Federal, State, or Tribal officials;
``(dd) estimates of mortality; and
``(ee) overall effects; and
``(II) the available economic information, which may
include an analysis of--
``(aa) landings data;
``(bb) revenue;
``(cc) the number of participants involved;
``(dd) the number and type of jobs and persons impacted,
which may include--
``(AA) fishers;
``(BB) charter fishing operators;
``(CC) subsistence users;
``(DD) United States fish processors; and
``(EE) an owner of a related fishery infrastructure or
business affected by the disaster, such as a marina operator,
recreational fishing equipment retailer, or charter,
headboat, or tender vessel owner, operator, or crew;
``(ee) an impacted Indian Tribe;
``(ff) other forms of disaster assistance made available to
the fishery, including prior awards of disaster assistance
for the same event;
``(gg) the length of time the resource, or access to the
resource, has been restricted;
``(hh) status of recovery from previous fishery resource
disasters;
``(ii) lost resource tax revenues assessed by local
communities, such as a raw fish tax; and
``(jj) other appropriate indicators to an affected fishery,
as determined by the National Marine Fisheries Service.
``(ii) Time frame.--The Secretary shall complete the review
described in clause (i), if the fishing season, applicable to
the fishery--
``(I) has concluded or there is no defined fishing season
applicable to the fishery, not later than 120 days after the
Secretary receives a complete request for a fishery resource
disaster determination;
``(II) has not concluded, not later than 120 days after the
conclusion of the fishing season; or
``(III) is expected to be closed for the entire fishing
season, not later than 120 days after the Secretary receives
a complete request for a fishery resource disaster
determination.
``(C) Fishery resource disaster determination.--The
Secretary shall make the determination of a fishery resource
disaster based on the criteria for determinations listed in
paragraph (5).
``(D) Notification.--Not later than 14 days after the
conclusion of the review under this paragraph, the Secretary
shall notify the requester and the Governor of the affected
State or Indian Tribe representative of the determination of
the Secretary.
``(5) Criteria for determinations.--
``(A) In general.--The Secretary shall make a determination
about whether a fishery resource disaster has occurred, based
on the revenue loss thresholds under subparagraph (B), and,
if a fishery resource disaster has occurred, whether the
fishery resource disaster was due to--
``(i) a natural cause;
``(ii) an anthropogenic cause;
``(iii) a combination of a natural cause and an
anthropogenic cause; or
``(iv) an undetermined cause.
``(B) Revenue loss thresholds.--
``(i) In general.--Based on the information provided or
analyzed under paragraph (4)(B), the Secretary shall apply
the following 12-month revenue loss thresholds in determining
whether a fishery resource disaster has occurred:
``(I) Losses greater than 80 percent may result in a
positive determination that a fishery resource disaster has
occurred, based on the information provided or analyzed under
paragraph (4)(B).
``(II) Losses between 35 percent and 80 percent shall be
evaluated to determine whether economic impacts are severe
enough to determine that a fishery resource disaster has
occurred.
``(III) Losses less than 35 percent shall not be eligible
for a determination that a fishery resource disaster has
occurred.
``(ii) Charter fishing.--In making a determination of
whether a fishery resource disaster has occurred, the
Secretary shall consider the economic impacts to the charter
fishing industry to ensure financial coverage for charter
fishing businesses.
``(iii) Negative subsistence impacts.--In considering
negative subsistence impacts, the Secretary shall evaluate
the severity of negative impacts to the fishing community
instead of applying the revenue loss thresholds described in
clause (i).
``(C) Ineligible fisheries.--A fishery subject to
overfishing in any of the 3 years preceding the date of a
determination under this subsection is not eligible for a
determination of whether a fishery resource disaster has
occurred unless the Secretary determines that overfishing was
not a contributing factor to the fishery resource disaster.
``(D) Exceptional circumstances.--In an exceptional
circumstance where substantial economic impacts to the
affected fishery and fishing community have been subject to a
disaster declaration under another statutory authority, such
as in the case of a natural disaster or from the direct
consequences of a Federal action taken to prevent, or in
response to, a natural disaster for purposes of protecting
life and safety, the Secretary may determine a fishery
resource disaster has occurred without a request,
notwithstanding the requirements under subparagraph (B) and
paragraph (3).
``(6) Disbursal of appropriated funds.--
``(A) Authorization.--The Secretary shall allocate funds
available under paragraph (9) for fishery resource disasters.
``(B) Allocation of appropriated fishery resource disaster
assistance.--
``(i) Notification of funding availability.--When there are
appropriated funds for 1 or more fishery resource disasters,
the Secretary shall notify--
``(I) the public; and
``(II) representatives of affected fishing communities with
a positive disaster determination that is unfunded;
of the availability of funds, not more than 14 days after the
date of the appropriation or the determination of a fishery
resource disaster, whichever occurs later.
``(ii) Extension of deadline.--The Secretary may extend the
deadline under clause (i) by 90 days to evaluate and make
determinations on eligible requests.
``(C) Considerations.--In determining the allocation of
appropriations for a fishery resource disaster, the Secretary
shall consider commercial, charter, headboat, or seafood
processing revenue losses and negative impacts to subsistence
or Indian Tribe ceremonial fishing opportunity, for the
affected fishery, and may consider the following factors:
``(i) Direct economic impacts.
``(ii) Uninsured losses.
``(iii) Losses of recreational fishing opportunity.
``(iv) Aquaculture operations revenue loss.
``(v) Direct revenue losses to a fishing community.
``(vi) Treaty obligations.
``(vii) Other economic impacts.
``(D) Spend plans.--To receive an allocation from funds
available under paragraph (9), a requester with an
affirmative fishery resource disaster determination shall
submit a spend plan to the Secretary, not more than 120 days
after receiving notification that funds are available, that
shall include the following information, if applicable:
``(i) Objectives and outcomes, with an emphasis on
addressing the factors contributing to the fishery resource
disaster and minimizing future uninsured losses, if
applicable.
[[Page H10294]]
``(ii) Statement of work.
``(iii) Budget details.
``(E) Regional contact.--If so requested, the Secretary
shall provide a regional contact within the National Oceanic
and Atmospheric Administration to facilitate review of spend
plans and disbursal of funds.
``(F) Disbursal of funds.--
``(i) Availability.--Funds shall be made available to
grantees not later than 90 days after the date the Secretary
receives a complete spend plan.
``(ii) Method.--The Secretary may provide an allocation of
funds under this subsection in the form of a grant, direct
payment, cooperative agreement, loan, or contract.
``(iii) Eligible uses.--
``(I) In general.--Funds allocated for fishery resources
disasters under this subsection shall restore the fishery
affected by such a disaster, prevent a similar disaster in
the future, or assist the affected fishing community, and
shall prioritize the following uses, which are not in order
of priority:
``(aa) Habitat conservation and restoration and other
activities, including scientific research, that reduce
adverse impacts to the fishery or improve understanding of
the affected species or its ecosystem.
``(bb) The collection of fishery information and other
activities that improve management of the affected fishery.
``(cc) In a commercial fishery, capacity reduction and
other activities that improve management of fishing effort,
including funds to offset budgetary costs to refinance a
Federal fishing capacity reduction loan or to repay the
principal of a Federal fishing capacity reduction loan.
``(dd) Developing, repairing, or improving fishery-related
public infrastructure.
``(ee) Direct assistance to a person, fishing community
(including assistance for lost fisheries resource levies), or
a business to alleviate economic loss incurred as a direct
result of a fishery resource disaster, particularly when
affected by a circumstance described in paragraph (5)(D) or
by negative impacts to subsistence or Indian Tribe ceremonial
fishing opportunity.
``(ff) Hatcheries and stock enhancement to help rebuild the
affected stock or offset fishing pressure on the affected
stock.
``(II) Displaced fishery employees.--Where appropriate,
individuals carrying out the activities described in items
(aa) through (dd) of subclause (I) shall be individuals who
are, or were, employed in a commercial, charter, or Indian
Tribe fishery for which the Secretary has determined that a
fishery resource disaster has occurred.
``(7) Limitations.--
``(A) Federal share.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), the Federal share of the cost of any activity carried
out under the authority of this subsection shall not exceed
75 percent of the cost of that activity.
``(ii) Waiver.--The Secretary may waive the non-Federal
share requirements of this subsection, if the Secretary
determines that--
``(I) no reasonable means are available through which the
recipient of the Federal share can meet the non-Federal share
requirement; and
``(II) the probable benefit of 100 percent Federal
financing outweighs the public interest in imposition of the
non-Federal share requirement.
``(iii) Exception.--The Federal share shall be equal to 100
percent in the case of--
``(I) direct assistance as described in paragraph
(6)(F)(iii)(I)(ee); or
``(II) assistance to subsistence or Tribal fisheries.
``(B) Limitations on administrative expenses.--
``(i) Federal.--Not more than 3 percent of the funds
available under this subsection may be used for
administrative expenses by the National Oceanographic and
Atmospheric Administration.
``(ii) State governments or indian tribes.--Of the funds
remaining after the use described in clause (i), not more
than 5 percent may be used by States, Indian Tribes, or
interstate marine fisheries commissions for administrative
expenses.
``(C) Fishing capacity reduction program.--
``(i) In general.--No funds available under this subsection
may be used as part of a fishing capacity reduction program
in a fishery unless the Secretary determines that adequate
conservation and management measures are in place in such
fishery.
``(ii) Assistance conditions.--As a condition of providing
assistance under this subsection with respect to a vessel
under a fishing capacity reduction program, the Secretary
shall--
``(I) prohibit the vessel from being used for fishing in
Federal, State, or international waters; and
``(II) require that the vessel be--
``(aa) scrapped or otherwise disposed of in a manner
approved by the Secretary;
``(bb) donated to a nonprofit organization and thereafter
used only for purposes of research, education, or training;
or
``(cc) used for another non-fishing purpose provided the
Secretary determines that adequate measures are in place to
ensure that the vessel cannot reenter any fishery anywhere in
the world.
``(D) No fishery endorsement.--
``(i) In general.--A vessel that is prohibited from fishing
under subparagraph (C)(ii)(I) shall not be eligible for a
fishery endorsement under section 12113(a) of title 46,
United States Code.
``(ii) Noneffective.--A fishery endorsement for a vessel
described in clause (i) shall not be effective.
``(iii) No sale.--A vessel described in clause (i) shall
not be sold to a foreign owner or reflagged.
``(8) Public information on data collection.--The Secretary
shall make available and update as appropriate, information
on data collection and submittal best practices for the
information described in paragraph (4)(B).
``(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$377,000,000 for the period of fiscal years 2023 through
2027.''.
SEC. 203. MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
(a) Repeal.--Section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1864) is repealed.
(b) Report.--Section 113(b)(2) of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of
2006 (16 U.S.C. 460ss note) is amended--
(1) in the paragraph heading, by striking ``Annual report''
and inserting ``Report'';
(2) in the matter preceding subparagraph (A), by striking
``Not later than 2 years after the date of enactment of this
Act, and annually thereafter'' and inserting ``Not later than
2 years after the date of enactment of the Fishery Resource
Disasters Improvement Ac, and biennially thereafter''; and
(3) in subparagraph (D), by striking ``the calendar year
2003'' and inserting ``the most recent''.
SEC. 204. INTERJURISDICTIONAL FISHERIES ACT OF 1986.
(a) Repeal.--Section 308 of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107) is repealed.
(b) Technical Edit.--Section 3(k)(1) of the Small Business
Act (15 U.S.C. 632(k)(1)) is amended by striking ``(as
determined by the Secretary of Commerce under section 308(b)
of the Interjurisdictional Fisheries Act of 1986)'' and
inserting ``(as determined by the Secretary of Commerce under
the Fishery Resource Disasters Improvement Act)''.
SEC. 205. BUDGET REQUESTS; REPORTS.
(a) Budget Request.--In the budget justification materials
submitted to Congress in support of the budget of the
Department of Commerce for each fiscal year (as submitted
with the budget of the President under section 1105(a) of
title 31, United States Code), the Secretary of Commerce
shall include a separate statement of the amount for each
outstanding unfunded fishery resource disasters.
(b) Driftnet Act Amendments of 1990 Report and Bycatch
Reduction Agreements.--
(1) In general.--The Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) is amended--
(A) in section 202(h), by striking paragraph (3); and
(B) in section 206--
(i) by striking subsections (e) and (f); and
(ii) by redesignating subsections (g) and (h) as
subsections (e) and (f), respectively.
(2) Biennial report on international compliance.--Section
607 of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826h) is amended--
(A) by inserting ``(a) In General.--'' before ``The
Secretary'' and indenting appropriately; and
(B) by adding at the end the following:
``(b) Additional Information.--In addition to the
information described in paragraphs (1) through (5) of
subsection (a), the report shall include--
``(1) a description of the actions taken to carry out the
provisions of section 206 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826), including--
``(A) an evaluation of the progress of those efforts, the
impacts on living marine resources, including available
observer data, and specific plans for further action;
``(B) a list and description of any new fisheries developed
by nations that conduct, or authorize their nationals to
conduct, large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
``(C) a list of the nations that conduct, or authorize
their nationals to conduct, large-scale driftnet fishing
beyond the exclusive economic zone of any nation in a manner
that diminishes the effectiveness of or is inconsistent with
any international agreement governing large-scale driftnet
fishing to which the United States is a party or otherwise
subscribes; and
``(2) a description of the actions taken to carry out the
provisions of section 202(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1822(h)).
``(c) Certification.--If, at any time, the Secretary, in
consultation with the Secretary of State and the Secretary of
the department in which the Coast Guard is operating,
identifies any nation that warrants inclusion in the list
described under subsection (b)(1)(C), due to large scale
drift net fishing, the Secretary shall certify that fact to
the President. Such certification shall be deemed to be a
certification for the purposes of section 8(a) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
TITLE III--ALASKA SALMON RESEARCH TASK FORCE
SEC. 301. SHORT TITLE.
This title may be cited as the ``Alaska Salmon Research
Task Force Act''.
SEC. 302. PURPOSES.
The purposes of this title are--
(1) to ensure that Pacific salmon trends in Alaska
regarding productivity and abundance are characterized and
that research needs are identified;
(2) to prioritize scientific research needs for Pacific
salmon in Alaska;
(3) to address the increased variability or decline in
Pacific salmon returns in Alaska by creating a coordinated
salmon research strategy; and
[[Page H10295]]
(4) to support collaboration and coordination for Pacific
salmon conservation efforts in Alaska.
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) salmon are an essential part of Alaska's fisheries,
including subsistence, commercial, and recreational uses, and
there is an urgent need to better understand the freshwater
and marine biology and ecology of salmon, a migratory species
that crosses many borders, and for a coordinated salmon
research strategy to address salmon returns that are in
decline or experiencing increased variability;
(2) salmon are an essential element for the well-being and
health of Alaskans; and
(3) there is a unique relationship between people of
Indigenous heritage and the salmon they rely on for
subsistence and traditional and cultural practices.
SEC. 304. ALASKA SALMON RESEARCH TASK FORCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Commerce, in
consultation with the Governor of Alaska, shall convene an
Alaska Salmon Research Task Force (referred to in this
section as the ``Research Task Force'') to--
(1) review existing Pacific salmon research in Alaska;
(2) identify applied research needed to better understand
the increased variability and declining salmon returns in
some regions of Alaska; and
(3) support sustainable salmon runs in Alaska.
(b) Composition and Appointment.--
(1) In general.--The Research Task Force shall be composed
of not fewer than 13 and not more than 19 members, who shall
be appointed under paragraphs (2) and (3).
(2) Appointment by secretary.--The Secretary of Commerce
shall appoint members to the Research Task Force as follows:
(A) One representative from each of the following:
(i) The National Oceanic and Atmospheric Administration who
is knowledgeable about salmon and salmon research efforts in
Alaska.
(ii) The North Pacific Fishery Management Council.
(iii) The United States section of the Pacific Salmon
Commission.
(B) Not less than 2 and not more than 5 representatives
from each of the following categories, at least 2 of whom
shall represent Alaska Natives who possess personal knowledge
of, and direct experience with, subsistence uses in rural
Alaska, to be appointed with due regard to differences in
regional perspectives and experience:
(i) Residents of Alaska who possess personal knowledge of,
and direct experience with, subsistence uses in rural Alaska.
(ii) Alaska fishing industry representatives throughout the
salmon supply chain, including from--
(I) directed commercial fishing;
(II) recreational fishing;
(III) charter fishing;
(IV) seafood processors;
(V) salmon prohibited species catch (bycatch) users; or
(VI) hatcheries.
(C) 5 representatives who are academic experts in salmon
biology, salmon ecology (marine and freshwater), salmon
habitat restoration and conservation, or comprehensive marine
research planning in the North Pacific.
(3) Appointment by the governor of alaska.--The Governor of
Alaska shall appoint to the Research Task Force one
representative from the State of Alaska who is knowledgeable
about the State of Alaska's salmon research efforts.
(c) Duties.--
(1) Review.--The Research Task Force shall--
(A) conduct a review of Pacific salmon science relevant to
understanding salmon returns in Alaska, including an
examination of--
(i) traditional ecological knowledge of salmon populations
and their ecosystems;
(ii) marine carrying capacity and density dependent
constraints, including an examination of interactions with
other salmon species, and with forage base in marine
ecosystems;
(iii) life-cycle and stage-specific mortality;
(iv) genetic sampling and categorization of population
structure within salmon species in Alaska;
(v) methods for predicting run-timing and stock sizes;
(vi) oceanographic models that provide insight into stock
distribution, growth, and survival;
(vii) freshwater, estuarine, and marine processes that
affect survival of smolts;
(viii) climate effects on freshwater and marine habitats;
(ix) predator/prey interactions between salmon and marine
mammals or other predators; and
(x) salmon productivity trends in other regions, both
domestic and international, that put Alaska salmon
populations in a broader geographic context; and
(B) identify scientific research gaps in understanding the
Pacific salmon life cycle in Alaska.
(2) Report.--Not later than 1 year after the date the
Research Task Force is convened, the Research Task Force
shall submit to the Secretary of Commerce, the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works of the Senate, the
Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the Senate,
the Committee on Natural Resources of the House of
Representatives, the Subcommittee on Commerce, Justice,
Science, and Related Agencies of the Committee on
Appropriations of the House of Representatives, and the
Alaska State Legislature, and make publicly available, a
report--
(A) describing the review conducted under paragraph (1);
and
(B) that includes--
(i) recommendations on filling knowledge gaps that warrant
further scientific inquiry; and
(ii) findings from the reports of work groups submitted
under subsection (d)(2)(C).
(d) Administrative Matters.--
(1) Chairperson and vice chairperson.--The Research Task
Force shall select a Chair and Vice Chair by vote from among
the members of the Research Task Force.
(2) Work groups.--
(A) In general.--The Research Task Force--
(i) not later than 30 days after the date of the
establishment of the Research Task Force, shall establish a
work group focused specifically on the research needs
associated with salmon returns in the AYK (Arctic-Yukon-
Kuskokwim) regions of Western Alaska; and
(ii) may establish additional regionally or stock focused
work groups within the Research Task Force, as members
determine appropriate.
(B) Composition.--Each work group established under this
subsection shall--
(i) consist of not less than 5 individuals who--
(I) are knowledgeable about the stock or region under
consideration; and
(II) need not be members of the Research Task Force; and
(ii) be balanced in terms of stakeholder representation,
including commercial, recreational, and subsistence
fisheries, as well as experts in statistical, biological,
economic, social, or other scientific information as relevant
to the work group's focus.
(C) Reports.--Not later than 9 months after the date the
Research Task Force is convened, each work group established
under this subsection shall submit a report with the work
group's findings to the Research Task Force.
(3) Compensation.--Each member of the Research Task Force
shall serve without compensation.
(4) Administrative support.--The Secretary of Commerce
shall provide such administrative support as is necessary for
the Research Task Force and its work groups to carry out
their duties, which may include support for virtual or in-
person participation and travel expenses.
(e) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Research
Task Force.
SEC. 305. DEFINITION OF PACIFIC SALMON.
In this title, the term ``Pacific salmon'' means salmon
that originates in Alaskan waters.
TITLE IV--IUU TECHNICAL CORRECTIONS
SEC. 401. IUU TECHNICAL CORRECTIONS.
The High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826d et seq.) is amended--
(1) in section 609--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively; and
(2) in section 610--
(A) in subsection (b)--
(i) in paragraph (2), by inserting ``and'' after the
semicolon;
(ii) by striking paragraph (3); and
(iii) by redesignating paragraph (4) as paragraph (3); and
(B) in subsection (c)(4)--
(i) in subparagraph (A), by inserting ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (C).
DIVISION T--SECURE 2.0 ACT OF 2022
SEC. 1. SHORT TITLE; ETC.
(a) Short Title.--This division may be cited as the
``SECURE 2.0 Act of 2022''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
TITLE I--EXPANDING COVERAGE AND INCREASING RETIREMENT SAVINGS
SEC. 101. EXPANDING AUTOMATIC ENROLLMENT IN RETIREMENT PLANS.
(a) In General.--Subpart B of part I of subchapter D of
chapter 1 is amended by inserting after section 414 the
following new section:
``SEC. 414A. REQUIREMENTS RELATED TO AUTOMATIC ENROLLMENT.
``(a) In General.--Except as otherwise provided in this
section--
``(1) an arrangement shall not be treated as a qualified
cash or deferred arrangement described in section 401(k)
unless such arrangement meets the automatic enrollment
requirements of subsection (b), and
``(2) an annuity contract otherwise described in section
403(b) which is purchased under a salary reduction agreement
shall not be treated as described in such section unless such
agreement meets the automatic enrollment requirements of
subsection (b).
``(b) Automatic Enrollment Requirements.--
``(1) In general.--An arrangement or agreement meets the
requirements of this subsection if such arrangement or
agreement is an eligible automatic contribution arrangement
(as defined in section 414(w)(3)) which meets the
requirements of paragraphs (2) through (4).
``(2) Allowance of permissible withdrawals.--An eligible
automatic contribution arrangement meets the requirements of
this paragraph if such arrangement allows employees to make
permissible withdrawals (as defined in section 414(w)(2)).
``(3) Minimum contribution percentage.--
``(A) In general.--An eligible automatic contribution
arrangement meets the requirements of this paragraph if--
``(i) the uniform percentage of compensation contributed by
the participant under such arrangement during the first year
of participation
[[Page H10296]]
is not less than 3 percent and not more than 10 percent
(unless the participant specifically elects not to have such
contributions made or to have such contributions made at a
different percentage), and
``(ii) effective for the first day of each plan year
starting after each completed year of participation under
such arrangement such uniform percentage is increased by 1
percentage point (to at least 10 percent, but not more than
15 percent) unless the participant specifically elects not to
have such contributions made or to have such contributions
made at a different percentage.
``(B) Initial reduced ceiling for certain plans.--In the
case of any eligible automatic contribution arrangement
(other than an arrangement that meets the requirements of
paragraph (12) or (13) of section 401(k)), for plan years
ending before January 1, 2025, subparagraph (A)(ii) shall be
applied by substituting `10 percent' for `15 percent'.
``(4) Investment requirements.--An eligible automatic
contribution arrangement meets the requirements of this
paragraph if amounts contributed pursuant to such
arrangement, and for which no investment is elected by the
participant, are invested in accordance with the requirements
of section 2550.404c-5 of title 29, Code of Federal
Regulations (or any successor regulations).
``(c) Exceptions.--For purposes of this section--
``(1) Simple plans.--Subsection (a) shall not apply to any
simple plan (within the meaning of section 401(k)(11)).
``(2) Exception for plans or arrangements established
before enactment of section.--
``(A) In general.--Subsection (a) shall not apply to--
``(i) any qualified cash or deferred arrangement
established before the date of the enactment of this section,
or
``(ii) any annuity contract purchased under a plan
established before the date of the enactment of this section.
``(B) Post-enactment adoption of multiple employer plan.--
Subparagraph (A) shall not apply in the case of an employer
adopting after such date of enactment a plan maintained by
more than one employer, and subsection (a) shall apply with
respect to such employer as if such plan were a single plan.
``(3) Exception for governmental and church plans.--
Subsection (a) shall not apply to any governmental plan
(within the meaning of section 414(d)) or any church plan
(within the meaning of section 414(e)).
``(4) Exception for new and small businesses.--
``(A) New business.--Subsection (a) shall not apply to any
qualified cash or deferred arrangement, or any annuity
contract purchased under a plan, while the employer
maintaining such plan (and any predecessor employer) has been
in existence for less than 3 years.
``(B) Small businesses.--Subsection (a) shall not apply to
any qualified cash or deferred arrangement, or any annuity
contract purchased under a plan, earlier than the date that
is 1 year after the close of the first taxable year with
respect to which the employer maintaining the plan normally
employed more than 10 employees.
``(C) Treatment of multiple employer plans.--In the case of
a plan maintained by more than 1 employer, subparagraphs (A)
and (B) shall be applied separately with respect to each such
employer, and all such employers to which subsection (a)
applies (after the application of this paragraph) shall be
treated as maintaining a separate plan for purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for subpart
B of part I of subchapter D of chapter 1 is amended by
inserting after the item relating to section 414 the
following new item:
``Sec. 414A. Requirements related to automatic enrollment.''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2024.
SEC. 102. MODIFICATION OF CREDIT FOR SMALL EMPLOYER PENSION
PLAN STARTUP COSTS.
(a) Increase in Credit Percentage for Smaller Employers.--
Section 45E(e) of is amended by adding at the end the
following new paragraph:
``(4) Increased credit for certain small employers.--In the
case of an employer which would be an eligible employer under
subsection (c) if section 408(p)(2)(C)(i) was applied by
substituting `50 employees' for `100 employees', subsection
(a) shall be applied by substituting `100 percent' for `50
percent'.''.
(b) Additional Credit for Employer Contributions by Certain
Small Employers.--Section 45E, as amended by subsection (a),
is amended by adding at the end the following new subsection:
``(f) Additional Credit for Employer Contributions by
Certain Eligible Employers.--
``(1) In general.--In the case of an eligible employer, the
credit allowed for the taxable year under subsection (a)
(determined without regard to this subsection) shall be
increased by an amount equal to the applicable percentage of
employer contributions (other than any elective deferrals (as
defined in section 402(g)(3)) by the employer to an eligible
employer plan (other than a defined benefit plan (as defined
in section 414(j))).
``(2) Limitations.--
``(A) Dollar limitation.--The amount determined under
paragraph (1) (before the application of subparagraph (B))
with respect to any employee of the employer shall not exceed
$1,000.
``(B) Credit phase-in.--In the case of any eligible
employer which had for the preceding taxable year more than
50 employees, the amount determined under paragraph (1)
(without regard to this subparagraph) shall be reduced by an
amount equal to the product of--
``(i) the amount otherwise so determined under paragraph
(1), multiplied by
``(ii) a percentage equal to 2 percentage points for each
employee of the employer for the preceding taxable year in
excess of 50 employees.
``(C) Wage limitation.--
``(i) In general.--No contributions with respect to any
employee who receives wages from the employer for the taxable
year in excess of $100,000 may be taken into account for such
taxable year under subparagraph (A).
``(ii) Wages.--For purposes of the preceding sentence, the
term `wages' has the meaning given such term by section
3121(a).
``(iii) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2023, the $100,000
amount under clause (i) shall be increased by an amount equal
to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2007'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
If any amount as adjusted under this clause is not a multiple
of $5,000, such amount shall be rounded to the next lowest
multiple of $5,000.
``(3) Applicable percentage.--For purposes of this section,
the applicable percentage for the taxable year during which
the eligible employer plan is established with respect to the
eligible employer shall be 100 percent, and for taxable years
thereafter shall be determined under the following table:
``In the case of the following taxable year beginning after the taxable
year during which plan is established with respect to the eligible
The applicable percentage shall be:
1st..............................................................100%
2nd...............................................................75%
3rd...............................................................50%
4th...............................................................25%
Any taxable year thereafter....................................... 0%
``(4) Determination of eligible employer; number of
employees.--For purposes of this subsection, whether an
employer is an eligible employer and the number of employees
of an employer shall be determined under the rules of
subsection (c), except that paragraph (2) thereof shall only
apply to the taxable year during which the eligible employer
plan to which this section applies is established with
respect to the eligible employer.''.
(c) Disallowance of Deduction.--Section 45E(e)(2) is
amended to read as follows:
``(2) Disallowance of deduction.--No deduction shall be
allowed--
``(A) for that portion of the qualified startup costs paid
or incurred for the taxable year which is equal to so much of
the portion of the credit determined under subsection (a) as
is properly allocable to such costs, and
``(B) for that portion of the employer contributions by the
employer for the taxable year which is equal to so much of
the credit increase determined under subsection (f) as is
properly allocable to such contributions.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 103. SAVER'S MATCH.
(a) In General.--Subchapter B of chapter 65 is amended by
adding at the end the following new section:
``SEC. 6433. SAVER'S MATCH.
``(a) In General.--
``(1) Allowance of match.--Any eligible individual who
makes qualified retirement savings contributions for the
taxable year shall be allowed a matching contribution for
such taxable year in an amount equal to the applicable
percentage of so much of the qualified retirement savings
contributions made by such eligible individual for the
taxable year as does not exceed $2,000.
``(2) Payment of match.--
``(A) In general.--Except as provided in subparagraph (B),
the matching contribution under this section shall be allowed
as a credit which shall be payable by the Secretary as a
contribution (as soon as practicable after the eligible
individual has filed a tax return making a claim for such
matching contribution for the taxable year) to the applicable
retirement savings vehicle of the eligible individual.
``(B) Exception.--In the case of an eligible individual who
elects the application of this subparagraph and with respect
to whom the matching contribution determined under paragraph
(1) is greater than zero but less than $100 for the taxable
year, subparagraph (A) shall not apply and such matching
contribution shall be treated as a credit allowed by subpart
C of part IV of subchapter A of chapter 1.
``(b) Applicable Percentage.--For purposes of this
section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--The percentage under paragraph (1) shall
be reduced (but not below zero) by the number of percentage
points which bears the same ratio to 50 percentage points
as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted gross income for
such taxable year, over
``(ii) the applicable dollar amount, bears to
``(B) the phaseout range.
If any reduction determined under this paragraph is not a
whole percentage point, such reduction shall be rounded to
the next lowest whole percentage point.
[[Page H10297]]
``(3) Applicable dollar amount; phaseout range.--
``(A) Joint returns and surviving spouses.--Except as
provided in subparagraph (B)--
``(i) the applicable dollar amount is $41,000, and
``(ii) the phaseout range is $30,000.
``(B) Other returns.--In the case of--
``(i) a head of a household (as defined in section 2(b)),
the applicable dollar amount and the phaseout range shall be
\3/4\ of the amounts applicable under subparagraph (A) (as
adjusted under subsection (h)), and
``(ii) any taxpayer who is not filing a joint return, who
is not a head of a household (as so defined), and who is not
a surviving spouse (as defined in section 2(a)), the
applicable dollar amount and the phaseout range shall be \1/
2\ of the amounts applicable under subparagraph (A) (as so
adjusted).
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if such individual has attained the age of 18 as
of the close of the taxable year.
``(2) Dependents and full-time students not eligible.--The
term `eligible individual' shall not include--
``(A) any individual with respect to whom a deduction under
section 151 is allowed to another taxpayer for a taxable year
beginning in the calendar year in which such individual's
taxable year begins, and
``(B) any individual who is a student (as defined in
section 152(f)(2)).
``(3) Nonresident aliens not eligible.--The term `eligible
individual' shall not include any individual who is a
nonresident alien individual for any portion of the taxable
year unless such individual is treated for such taxable year
as a resident of the United States for purposes of chapter 1
by reason of an election under subsection (g) or (h) of
section 6013.
``(d) Qualified Retirement Savings Contributions.--For
purposes of this section--
``(1) In general.--The term `qualified retirement savings
contributions' means, with respect to any taxable year, the
sum of--
``(A) the amount of the qualified retirement contributions
(as defined in section 219(e)) made by the eligible
individual,
``(B) the amount of--
``(i) any elective deferrals (as defined in section
402(g)(3)) of such individual, and
``(ii) any elective deferral of compensation by such
individual under an eligible deferred compensation plan (as
defined in section 457(b)) of an eligible employer described
in section 457(e)(1)(A), and
``(C) the amount of voluntary employee contributions by
such individual to any qualified retirement plan (as defined
in section 4974(c)).
Such term shall not include any amount attributable to a
payment under subsection (a)(2).
``(2) Reduction for certain distributions.--
``(A) In general.--The qualified retirement savings
contributions determined under paragraph (1) for a taxable
year shall be reduced (but not below zero) by the aggregate
distributions received by the individual during the testing
period from any entity of a type to which contributions under
paragraph (1) may be made.
``(B) Testing period.--For purposes of subparagraph (A),
the testing period, with respect to a taxable year, is the
period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year and before the
due date (including extensions) for filing the return of tax
for such taxable year.
``(C) Excepted distributions.--There shall not be taken
into account under subparagraph (A)--
``(i) any distribution referred to in section 72(p),
401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4),
``(ii) any distribution to which section 408(d)(3) or
408A(d)(3) applies, and
``(iii) any portion of a distribution if such portion is
transferred or paid in a rollover contribution (as defined in
section 402(c), 403(a)(4), 403(b)(8), 408A(e), or 457(e)(16))
to an account or plan to which qualified retirement savings
contributions can be made.
``(D) Treatment of distributions received by spouse of
individual.--For purposes of determining distributions
received by an individual under subparagraph (A) for any
taxable year, any distribution received by the spouse of such
individual shall be treated as received by such individual if
such individual and spouse file a joint return for such
taxable year and for the taxable year during which the spouse
receives the distribution.
``(e) Applicable Retirement Savings Vehicle.--
``(1) In general.--The term `applicable retirement savings
vehicle' means an account or plan elected by the eligible
individual under paragraph (2).
``(2) Election.--Any such election to have contributed the
amount determined under subsection (a) shall be to an account
or plan which--
``(A) is--
``(i) the portion of a plan which--
``(I) is described in clause (v) of section 402(c)(8)(B),
is a qualified cash or deferred arrangement (within the
meaning of section 401(k)), or is an annuity contract
described in section 403(b) which is purchased under a salary
reduction agreement, and
``(II) does not consist of a qualified Roth contribution
program (as defined in section 402A(b)), or
``(ii) an individual retirement plan which is not a Roth
IRA,
``(B) is for the benefit of the eligible individual,
``(C) accepts contributions made under this section, and
``(D) is designated by such individual (in such form and
manner as the Secretary may provide).
``(f) Other Definitions and Special Rules.--
``(1) Modified adjusted gross income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income--
``(A) determined without regard to sections 911, 931, and
933, and
``(B) determined without regard to any exclusion or
deduction allowed for any qualified retirement savings
contribution made during the taxable year.
``(2) Treatment of contributions.--In the case of any
contribution under subsection (a)(2)--
``(A) except as otherwise provided in this section or by
the Secretary under regulations, such contribution shall be
treated as--
``(i) an elective deferral made by the individual, if
contributed to an applicable retirement savings vehicle
described in subsection (e)(2)(A)(i), or
``(ii) as an individual retirement plan contribution made
by such individual, if contributed to such a plan,
``(B) such contribution shall not be taken into account
with respect to any applicable limitation under sections
402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2),
414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for
purposes of sections 401(a)(4), 401(k)(3),
401(k)(11)(B)(i)(III), and 416, and
``(C) such contribution shall not be treated as an amount
that may be paid, made available, or distributable to the
participant under section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), or 457(d)(1)(A)(iii).
``(3) Treatment of qualified plans, etc.--A plan or
arrangement to which a contribution is made under this
section shall not be treated as violating any requirement
under section 401, 403, 408, or 457 solely by reason of
accepting such contribution.
``(4) Erroneous matching contributions.--
``(A) In general.--If any contribution is erroneously paid
under subsection (a)(2), including a payment that is not made
to an applicable retirement savings vehicle, the amount of
such erroneous payment shall be treated as an underpayment of
tax (other than for purposes of part II of subchapter A of
chapter 68) for the taxable year in which the Secretary
determines the payment is erroneous.
``(B) Distribution of erroneous matching contributions.--In
the case of a contribution to which subparagraph (A)
applies--
``(i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1), or
457(a)(1), whichever is applicable, shall not apply to any
distribution of such contribution, and section 72(t) shall
not apply to the distribution of such contribution or any
income attributable thereto, if such distribution is received
not later than the day prescribed by law (including
extensions of time) for filing the individual's return for
such taxable year, and
``(ii) any plan or arrangement from which such a
distribution is made under this subparagraph shall not be
treated as violating any requirement under section 401, 403,
or 457 solely by reason of making such distribution.
``(5) Exception from reduction or offset.--Any payment made
to any individual under this section shall not be--
``(A) subject to reduction or offset pursuant to subsection
(c), (d), (e), or (f) of section 6402 or any similar
authority permitting offset, or
``(B) reduced or offset by other assessed Federal taxes
that would otherwise be subject to levy or collection.
``(6) Saver's match recovery payments.--
``(A) In general.--In the case of an applicable retirement
savings vehicle to which contributions have been made under
subsection (a)(2), and from which a specified early
distribution has been made during the taxable year, if the
aggregate amount of such contributions exceeds the account
balance of such savings vehicle at the end of the such
taxable year, the tax imposed by chapter 1 shall be increased
by an amount equal to such excess (reduced by the amount by
which the tax under such chapter was increased under section
72(t)(1) with respect to such distribution).
``(B) Specified early distribution.--For purposes of this
paragraph, the term `specified early distribution' means any
portion of a distribution--
``(i) which is from such applicable retirement savings
vehicle to which a contribution has been made under
subsection (a)(2),
``(ii) which is includible in gross income, and
``(iii) to which 72(t)(1) applies.
``(C) Excess may be repaid.--
``(i) In general.--The increase in tax for any taxable year
under subparagraph (A) shall be reduced (but not below zero)
by so much of such specified early distribution as the
individual elects to contribute to an applicable retirement
savings vehicle not later than the day prescribed by law
(including extensions of time) for filing such individual's
return for such taxable year.
``(ii) Contribution of excess.--Any individual who elects
to contribute an amount under clause (i) may make one or more
contributions in an aggregate amount not to exceed the amount
of the specified early distribution to which the election
relates to an applicable retirement savings vehicle and to
which a rollover contribution of such distribution could be
made under section 402(c), 403(b)(8), 408(d)(3), or
457(e)(16), as the case may be.
``(iii) Limitation on contributions to applicable
retirement savings vehicle other than iras.--The aggregate
amount of contributions made by an individual under clause
(ii) to any applicable savings retirement vehicle which is
not an individual retirement plan shall not exceed the
aggregate amount of specified early retirement distributions
which are made from
[[Page H10298]]
such savings retirement vehicle to such individual. Clause
(ii) shall not apply to contributions to any applicable
retirement savings vehicle which is not an individual
retirement plan unless the individual is eligible to make
contributions (other than those described in clause (ii)) to
such retirement savings vehicle.
``(iv) Treatment of repayments of distributions from
applicable eligible retirement plans other than iras.--If a
contribution is made under clause (ii) with respect to a
specified early distribution from an applicable savings
retirement vehicle other than an individual retirement plan,
then the taxpayer shall, to the extent of the amount of the
contribution, be treated as having received such distribution
in an eligible rollover distribution (as defined in section
402(c)(4)) and as having transferred the amount to the
savings retirement vehicle in a direct trustee to trustee
transfer within 60 days of the distribution.
``(v) Treatment of repayments for distributions from
iras.--If a contribution is made under clause (ii) with
respect to a specified early distribution from an individual
retirement plan, then, to the extent of the amount of the
contribution, such distribution shall be treated as a
distribution described in section 408(d)(3) and as having
been transferred to the applicable retirement savings vehicle
in a direct trustee to trustee transfer within 60 days of the
distribution.
``(D) Rules to account for investment loss.--The Secretary
shall prescribe such rules as may be appropriate to reduce
any increase in tax otherwise made under subparagraph (A) to
properly account for the extent to which any portion of the
excess described in such subparagraph is allocable to
investment loss in the retirement savings vehicle.
``(g) Provision by Secretary of Information Relating to
Contributions.--In the case of an amount elected by an
eligible individual to be contributed to an account or plan
under subsection (e)(2), the Secretary shall provide general
guidance applicable to the custodian of the account or the
plan sponsor, as the case may be, detailing the treatment of
such contribution under subsection (f)(2) and the reporting
requirements with respect to such contribution under section
6058, particularly as such requirements are modified pursuant
to section 102(c)(2) of the SECURE 2.0 Act of 2022.
``(h) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2027, the $41,000 amount
in subsection (b)(3)(A)(i) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2026'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--Any increase determined under paragraph
(1) shall be rounded to the nearest multiple of $1,000.''.
(b) Treatment of Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury shall pay to each possession of
the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of
the amendments made by this section. Such amounts shall be
determined by the Secretary of the Treasury based on
information provided by the government of the respective
possession.
(2) Payments to other possessions.--The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being equal to
the aggregate benefits (if any) that would have been provided
to eligible residents of such possession by reason of the
amendments made by this section if a mirror code tax system
had been in effect in such possession. The preceding sentence
shall not apply unless the respective possession has a
process, which has been approved by the Secretary of the
Treasury, under which such possession promptly transfers the
payments directly on behalf of eligible residents to a
retirement savings vehicle established under the laws of such
possession or the United States that is substantially similar
to a plan, or is a plan, described in clause (iii), (iv),
(v), or (vi) of section 402(c)(8)(B) of the Internal Revenue
Code of 1986 or an individual retirement plan, and the
restrictions on distributions from such retirement savings
vehicle are substantially similar to the provisions of
section 6433(d)(2) of such Code (as added by this section).
(3) Coordination with united states saver's match.--No
matching contribution shall be allowed under section 6433 of
the Internal Revenue Code of 1986 (as added by this section)
to any person--
(A) to whom a matching contribution is paid by the
possession by reason of the amendments made by this section,
or
(B) who is eligible for a payment under a plan described in
paragraph (2).
(4) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability of
the residents of such possession under such system is
determined by reference to the income tax laws of the United
States as if such possession were the United States.
(5) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this
subsection shall be treated in the same manner as a refund
due from a credit provision referred to in subsection (b)(2)
of such section.
(c) Administrative Provisions.--
(1) Deficiencies.--Section 6211(b)(4) is amended by
striking ``and 7527A'' and inserting ``7527A, and 6433''.
(2) Reporting.--The Secretary of the Treasury shall amend
the forms relating to reports required under section 6058 of
the Internal Revenue Code of 1986 to require--
(A) separate reporting of the aggregate amount of
contributions received by the plan during the year under
section 6433 of the Internal Revenue Code of 1986 (as added
by this section), and
(B) similar reporting with respect to individual retirement
accounts (as defined in section 408 of such Code) and
individual retirement annuities (as defined in section 408(b)
of such Code).
(d) Payment Authority.--Section 1324(b)(2) of title 31,
United States Code, is amended by striking ``or 7527A'' and
inserting ``7527A, or 6433''.
(e) Conforming Amendments.--
(1) Paragraph (1) of section 25B(d) is amended by striking
``the sum of--'' and all that follows through ``the amount of
contributions made before January 1, 2026'' and inserting
``the amount of contributions made before January 1, 2026''.
(2) The table of sections for subchapter B of chapter 65 is
amended by adding at the end the following new item:
``Sec. 6433. Saver's Match.''.
(f) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2026.
SEC. 104. PROMOTION OF SAVER'S MATCH.
(a) In General.--The Secretary of the Treasury shall take
such steps as the Secretary determines are necessary and
appropriate to increase public awareness of the matching
contribution provided under section 6433 of the Internal
Revenue Code of 1986.
(b) Report to Congress.--
(1) In general.--Not later than July 1, 2026, the Secretary
shall provide a report to Congress to summarize the
anticipated promotion efforts of the Treasury under
subsection (a).
(2) Contents.--Such report shall include--
(A) a description of plans for--
(i) the development and distribution of digital and print
materials, including the distribution of such materials to
States for participants in State facilitated retirement
savings programs,
(ii) the translation of such materials into the 10 most
commonly spoken languages in the United States after English
(as determined by reference to the most recent American
Community Survey of the Bureau of the Census), and
(iii) communicating the adverse consequences of early
withdrawal from an applicable retirement savings vehicle to
which a matching contribution has been paid under section
6333(a)(2) of the Internal Revenue Code of 1986, including
the operation of the Saver's Match Recovery Payment rules
under section 6433(f)(6) of such Code and associated early
withdrawal penalties, and
(B) such other information as the Secretary determines is
necessary.
SEC. 105. POOLED EMPLOYER PLANS MODIFICATION.
(a) In General.--Section 3(43)(B)(ii) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(43)(B)(ii)) is amended to read as follows:
``(ii) designate a named fiduciary (other than an employer
in the plan) to be responsible for collecting contributions
to the plan and require such fiduciary to implement written
contribution collection procedures that are reasonable,
diligent, and systematic;''.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
SEC. 106. MULTIPLE EMPLOYER 403(B) PLANS.
(a) In General.--Section 403(b) is amended by adding at the
end the following new paragraph:
``(15) Multiple employer plans.--
``(A) In general.--Except in the case of a church plan,
this subsection shall not be treated as failing to apply to
an annuity contract solely by reason of such contract being
purchased under a plan maintained by more than 1 employer.
``(B) Treatment of employers failing to meet requirements
of plan.--
``(i) In general.--In the case of a plan maintained by more
than 1 employer, this subsection shall not be treated as
failing to apply to an annuity contract held under such plan
merely because of one or more employers failing to meet the
requirements of this subsection if such plan satisfies rules
similar to the rules of section 413(e)(2) with respect to any
such employer failure.
``(ii) Additional requirements in case of non-governmental
plans.--A plan shall not be treated as meeting the
requirements of this subparagraph unless the plan satisfies
rules similar to the rules of subparagraph (A) or (B) of
section 413(e)(1), except in the case of a multiple employer
plan maintained solely by any of the following: A State, a
political subdivision of a State, or an agency or
instrumentality of any one or more of the foregoing.''.
(b) Annual Registration for 403(b) Multiple Employer
Plan.--Section 6057 is amended by redesignating subsection
(g) as subsection (h) and by inserting after subsection (f)
the following new subsection:
``(g) 403(b) Multiple Employer Plans Treated as One Plan.--
In the case of annuity contracts to which this section
applies and to which section 403(b) applies by reason of the
plan under which such contracts are purchased meeting the
requirements of paragraph (15) thereof, such plan shall be
treated as a single plan for purposes of this section.''.
(c) Annual Information Returns for 403(b) Multiple Employer
Plan.--Section 6058 is amended by redesignating subsection
(f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) 403(b) Multiple Employer Plans Treated as One Plan.--
In the case of annuity
[[Page H10299]]
contracts to which this section applies and to which section
403(b) applies by reason of the plan under which such
contracts are purchased meeting the requirements of paragraph
(15) thereof, such plan shall be treated as a single plan for
purposes of this section.''.
(d) Amendments to Employee Retirement Income Security Act
of 1974.--
(1) In general.--Section 3(43)(A) of the Employee
Retirement Income Security Act of 1974 is amended--
(A) in clause (ii), by striking ``section 501(a) of such
Code or'' and inserting ``section 501(a) of such Code, a plan
that consists of annuity contracts described in section
403(b) of such Code, or''; and
(B) in the flush text at the end following clause (iii), by
striking ``the plan.'' and inserting ``the plan, but such
term shall include any plan (other than a plan excepted from
the application of this title by section 4(b)(2)) maintained
for the benefit of the employees of more than 1 employer that
consists of annuity contracts described in section 403(b) of
such Code and that meets the requirements of subparagraph (B)
of section 413(e)(1) of such Code.''.
(2) Conforming amendments.--Sections 3(43)(B)(v)(II) and
3(44)(A)(i)(I) of the Employee Retirement Income Security Act
of 1974 are each amended by striking ``section 401(a) of such
Code or'' and inserting ``section 401(a) of such Code, a plan
that consists of annuity contracts described in section
403(b) of such Code, or''.
(e) Regulations Relating to Employer Failure to Meet
Multiple Employer Plan Requirements.--The Secretary of the
Treasury (or the Secretary's delegate) shall prescribe such
regulations as may be necessary to clarify, in the case of
plans to which section 403(b)(15) of the Internal Revenue
Code of 1986 applies, the treatment of an employer departing
such plan in connection with such employer's failure to meet
multiple employer plan requirements.
(f) Modification of Model Plan Language, etc.--
(1) Plan notifications.--The Secretary of the Treasury (or
the Secretary's delegate), in consultation with the Secretary
of Labor, shall modify the model plan language published
under section 413(e)(5) of the Internal Revenue Code of 1986
to include language that requires participating employers be
notified that the plan is subject to the Employee Retirement
Income Security Act of 1974 and that such employer is a plan
sponsor with respect to its employees participating in the
multiple employer plan and, as such, has certain fiduciary
duties with respect to the plan and to its employees.
(2) Model plans for multiple employer 403(b) plans.--For
plans to which section 403(b)(15)(A) of the Internal Revenue
Code of 1986 applies (other than a plan maintained for its
employees by a State, a political subdivision of a State, or
an agency or instrumentality of any one or more of the
foregoing), the Secretary of the Treasury (or the Secretary's
delegate), in consultation with the Secretary of Labor, shall
publish model plan language similar to model plan language
published under section 413(e)(5) of such Code.
(3) Educational outreach to employers exempt from tax.--The
Secretary of the Treasury (or the Secretary's delegate), in
consultation with the Secretary of Labor, shall provide
education and outreach to increase awareness to employers
described in section 501(c)(3) of the Internal Revenue Code
of 1986, and which are exempt from tax under section 501(a)
of such Code, that multiple employer plans are subject to the
Employee Retirement Income Security Act of 1974 and that such
employer is a plan sponsor with respect to its employees
participating in the multiple employer plan and, as such, has
certain fiduciary duties with respect to the plan and to its
employees.
(g) No Inference With Respect to Church Plans.--Regarding
any application of section 403(b) of the Internal Revenue
Code of 1986 to an annuity contract purchased under a church
plan (as defined in section 414(e) of such Code) maintained
by more than 1 employer, or to any application of rules
similar to section 413(e) of such Code to such a plan, no
inference shall be made from section 403(b)(15)(A) of such
Code (as added by this Act) not applying to such plans.
(h) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 2022.
(2) Rule of construction.--Nothing in the amendments made
by subsection (a) shall be construed as limiting the
authority of the Secretary of the Treasury or the Secretary's
delegate (determined without regard to such amendment) to
provide for the proper treatment of a failure to meet any
requirement applicable under the Internal Revenue Code of
1986 with respect to one employer (and its employees) in the
case of a plan to which section 403(b)(15) of the Internal
Revenue Code of 1986 applies.
SEC. 107. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR
MANDATORY DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C)(i)(I) is amended by
striking ``age 72'' and inserting ``the applicable age''.
(b) Spouse Beneficiaries; Special Rule for Owners.--
Subparagraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9)
are each amended by striking ``age 72'' and inserting ``the
applicable age''.
(c) Applicable Age.--Section 401(a)(9)(C) is amended by
adding at the end the following new clause:
``(v) Applicable age.--
``(I) In the case of an individual who attains age 72 after
December 31, 2022, and age 73 before January 1, 2033, the
applicable age is 73.
``(II) In the case of an individual who attains age 74
after December 31, 2032, the applicable age is 75.''.
(d) Conforming Amendments.--The last sentence of section
408(b) is amended by striking ``age 72'' and inserting ``the
applicable age (determined under section 401(a)(9)(C)(v) for
the calendar year in which such taxable year begins)''.
(e) Effective Date.--The amendments made by this section
shall apply to distributions required to be made after
December 31, 2022, with respect to individuals who attain age
72 after such date.
SEC. 108. INDEXING IRA CATCH-UP LIMIT.
(a) In General.--Subparagraph (C) of section 219(b)(5) is
amended by adding at the end the following new clause:
``(iii) Indexing of catch-up limitation.--In the case of
any taxable year beginning in a calendar year after 2023, the
$1,000 amount under subparagraph (B)(ii) shall be increased
by an amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2022'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence
is not a multiple of $100, such amount shall be rounded to
the next lower multiple of $100.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2023.
SEC. 109. HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62,
AND 63.
(a) In General.--
(1) Plans other than simple plans.--Section 414(v)(2)(B)(i)
is amended by inserting the following before the period:
``(the adjusted dollar amount, in the case of an eligible
participant who would attain age 60 but would not attain age
64 before the close of the taxable year)''.
(2) Simple plans.--Section 414(v)(2)(B)(ii) is amended by
inserting the following before the period: ``(the adjusted
dollar amount, in the case of an eligible participant who
would attain age 60 but would not attain age 64 before the
close of the taxable year)''.
(b) Adjusted Dollar Amount.--Section 414(v)(2) is amended
by adding at the end the following new subparagraph:
``(E) Adjusted dollar amount.--For purposes of subparagraph
(B), the adjusted dollar amount is--
``(i) in the case of clause (i) of subparagraph (B), the
greater of--
``(I) $10,000, or
``(II) an amount equal to 150 percent of the dollar amount
which would be in effect under such clause for 2024 for
eligible participants not described in the parenthetical in
such clause, or
``(ii) in the case of clause (ii) of subparagraph (B), the
greater of--
``(I) $5,000, or
``(II) an amount equal to equal to 150 percent of the
dollar amount which would be in effect under such clause for
2025 for eligible participants not described in the
parenthetical in such clause.''.
(c) Cost-of-living Adjustments.--Subparagraph (C) of
section 414(v)(2) is amended by adding at the end the
following: ``In the case of a year beginning after December
31, 2025, the Secretary shall adjust annually the adjusted
dollar amounts applicable under clauses (i) and (ii) of
subparagraph (E) for increases in the cost-of-living at the
same time and in the same manner as adjustments under the
preceding sentence; except that the base period taken into
account shall be the calendar quarter beginning July 1,
2024.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2024.
SEC. 110. TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE
DEFERRALS FOR PURPOSES OF MATCHING
CONTRIBUTIONS.
(a) In General.--Subparagraph (A) of section 401(m)(4) is
amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting
``, and'', and by adding at the end the following new clause:
``(iii) subject to the requirements of paragraph (14), any
employer contribution made to a defined contribution plan on
behalf of an employee on account of a qualified student loan
payment.''.
(b) Qualified Student Loan Payment.--Paragraph (4) of
section 401(m) is amended by adding at the end the following
new subparagraph:
``(D) Qualified student loan payment.--The term `qualified
student loan payment' means a payment made by an employee in
repayment of a qualified education loan (as defined in
section 221(d)(1)) incurred by the employee to pay qualified
higher education expenses, but only--
``(i) to the extent such payments in the aggregate for the
year do not exceed an amount equal to--
``(I) the limitation applicable under section 402(g) for
the year (or, if lesser, the employee's compensation (as
defined in section 415(c)(3)) for the year), reduced by
``(II) the elective deferrals made by the employee for such
year, and
``(ii) if the employee certifies annually to the employer
making the matching contribution under this paragraph that
such payment has been made on such loan.
For purposes of this subparagraph, the term `qualified higher
education expenses' means the cost of attendance (as defined
in section 472 of the Higher Education Act of 1965, as in
effect on the day before the date of the enactment of the
Taxpayer Relief Act of 1997) at an eligible educational
institution (as defined in section 221(d)(2)).''.
(c) Matching Contributions for Qualified Student Loan
Payments.--Section 401(m) is
[[Page H10300]]
amended by redesignating paragraph (13) as paragraph (14),
and by inserting after paragraph (12) the following new
paragraph:
``(13) Matching contributions for qualified student loan
payments.--
``(A) In general.--For purposes of paragraph (4)(A)(iii),
an employer contribution made to a defined contribution plan
on account of a qualified student loan payment shall be
treated as a matching contribution for purposes of this title
if--
``(i) the plan provides matching contributions on account
of elective deferrals at the same rate as contributions on
account of qualified student loan payments,
``(ii) the plan provides matching contributions on account
of qualified student loan payments only on behalf of
employees otherwise eligible to receive matching
contributions on account of elective deferrals,
``(iii) under the plan, all employees eligible to receive
matching contributions on account of elective deferrals are
eligible to receive matching contributions on account of
qualified student loan payments, and
``(iv) the plan provides that matching contributions on
account of qualified student loan payments vest in the same
manner as matching contributions on account of elective
deferrals.
``(B) Treatment for purposes of nondiscrimination rules,
etc.--
``(i) Nondiscrimination rules.--For purposes of
subparagraph (A)(iii), subsection (a)(4), and section 410(b),
matching contributions described in paragraph (4)(A)(iii)
shall not fail to be treated as available to an employee
solely because such employee does not have debt incurred
under a qualified education loan (as defined in section
221(d)(1)).
``(ii) Student loan payments not treated as plan
contribution.--Except as provided in clause (iii), a
qualified student loan payment shall not be treated as a
contribution to a plan under this title.
``(iii) Matching contribution rules.--Solely for purposes
of meeting the requirements of paragraph (11)(B), (12), or
(13) of this subsection, or paragraph (11)(B)(i)(II),
(12)(B), (13)(D), or (16)(D) of subsection (k), a plan may
treat a qualified student loan payment as an elective
deferral or an elective contribution, whichever is
applicable.
``(iv) Actual deferral percentage testing.--In determining
whether a plan meets the requirements of subsection
(k)(3)(A)(ii) for a plan year, the plan may apply the
requirements of such subsection separately with respect to
all employees who receive matching contributions described in
paragraph (4)(A)(iii) for the plan year.
``(C) Employer may rely on employee certification.--The
employer may rely on an employee certification of payment
under paragraph (4)(D)(ii).''.
(d) Simple Retirement Accounts.--Paragraph (2) of section
408(p) is amended by adding at the end the following new
subparagraph:
``(F) Matching contributions for qualified student loan
payments.--
``(i) In general.--Subject to the rules of clause (iii), an
arrangement shall not fail to be treated as meeting the
requirements of subparagraph (A)(iii) solely because under
the arrangement, solely for purposes of such subparagraph,
qualified student loan payments are treated as amounts
elected by the employee under subparagraph (A)(i)(I) to the
extent such payments do not exceed--
``(I) the applicable dollar amount under subparagraph (E)
(after application of section 414(v)) for the year (or, if
lesser, the employee's compensation (as defined in section
415(c)(3)) for the year), reduced by
``(II) any other amounts elected by the employee under
subparagraph (A)(i)(I) for the year.
``(ii) Qualified student loan payment.--For purposes of
this subparagraph--
``(I) In general.--The term `qualified student loan
payment' means a payment made by an employee in repayment of
a qualified education loan (as defined in section 221(d)(1))
incurred by the employee to pay qualified higher education
expenses, but only if the employee certifies to the employer
making the matching contribution that such payment has been
made on such a loan.
``(II) Qualified higher education expenses.--The term
`qualified higher education expenses' has the same meaning as
when used in section 401(m)(4)(D).
``(iii) Applicable rules.--Clause (i) shall apply to an
arrangement only if, under the arrangement--
``(I) matching contributions on account of qualified
student loan payments are provided only on behalf of
employees otherwise eligible to elect contributions under
subparagraph (A)(i)(I), and
``(II) all employees otherwise eligible to participate in
the arrangement are eligible to receive matching
contributions on account of qualified student loan
payments.''.
(e) 403(b) Plans.--Subparagraph (A) of section 403(b)(12)
is amended by adding at the end the following: ``The fact
that the employer offers matching contributions on account of
qualified student loan payments as described in section
401(m)(13) shall not be taken into account in determining
whether the arrangement satisfies the requirements of clause
(ii) (and any regulation thereunder).''.
(f) 457(b) Plans.--Subsection (b) of section 457 is amended
by adding at the end the following: ``A plan which is
established and maintained by an employer which is described
in subsection (e)(1)(A) shall not be treated as failing to
meet the requirements of this subsection solely because the
plan, or another plan maintained by the employer which meets
the requirements of section 401(a) or 403(b), provides for
matching contributions on account of qualified student loan
payments as described in section 401(m)(13).''.
(g) Regulatory Authority.--The Secretary of the Treasury
(or such Secretary's delegate) shall prescribe regulations
for purposes of implementing the amendments made by this
section, including regulations--
(1) permitting a plan to make matching contributions for
qualified student loan payments, as defined in sections
401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of
1986, as added by this section, at a different frequency than
matching contributions are otherwise made under the plan,
provided that the frequency is not less than annually;
(2) permitting employers to establish reasonable procedures
to claim matching contributions for such qualified student
loan payments under the plan, including an annual deadline
(not earlier than 3 months after the close of each plan year)
by which a claim must be made; and
(3) promulgating model amendments which plans may adopt to
implement matching contributions on such qualified student
loan payments for purposes of sections 401(m), 408(p),
403(b), and 457(b) of the Internal Revenue Code of 1986.
(h) Effective Date.--The amendments made by this section
shall apply to contributions made for plan years beginning
after December 31, 2023.
SEC. 111. APPLICATION OF CREDIT FOR SMALL EMPLOYER PENSION
PLAN STARTUP COSTS TO EMPLOYERS WHICH JOIN AN
EXISTING PLAN.
(a) In General.--Section 45E(d)(3)(A) is amended by
striking ``effective'' and inserting ``effective with respect
to the eligible employer''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of section
104 of the Setting Every Community Up for Retirement
Enhancement Act of 2019.
SEC. 112. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY CREDIT
FOR SMALL EMPLOYERS.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 45AA. MILITARY SPOUSE RETIREMENT PLAN ELIGIBILITY
CREDIT FOR SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case
of any eligible small employer, the military spouse
retirement plan eligibility credit determined under this
section for any taxable year is an amount equal to the sum
of--
``(1) $200 with respect to each military spouse who is an
employee of such employer and who participates in an eligible
defined contribution plan of such employer at any time during
such taxable year, plus
``(2) so much of the contributions made by such employer
(other than an elective deferral (as defined in section
402(g)(3)) to all such plans with respect to such employee
during such taxable year as do not exceed $300.
``(b) Limitation.--An individual shall only be taken into
account as a military spouse under subsection (a) for the
taxable year which includes the date on which such individual
began participating in the eligible defined contribution plan
of the employer and the 2 succeeding taxable years.
``(c) Eligible Small Employer.--For purposes of this
section, the term `eligible small employer' means an eligible
employer (as defined in section 408(p)(2)(C)(i)(I).
``(d) Military Spouse.--For purposes of this section--
``(1) In general.--The term `military spouse' means, with
respect to any employer, any individual who is married
(within the meaning of section 7703 as of the first date that
the employee is employed by the employer) to an individual
who is a member of the uniformed services (as defined section
101(a)(5) of title 10, United States Code) serving on active
duty. For purposes of this section, an employer may rely on
an employee's certification that such employee's spouse is a
member of the uniformed services if such certification
provides the name, rank, and service branch of such spouse.
``(2) Exclusion of highly compensated employees.--With
respect to any employer, the term `military spouse' shall not
include any individual if such individual is a highly
compensated employee of such employer (within the meaning of
section 414(q)).
``(e) Eligible Defined Contribution Plan.--For purposes of
this section, the term `eligible defined contribution plan'
means, with respect to any eligible small employer, any
defined contribution plan (as defined in section 414(i)) of
such employer if, under the terms of such plan--
``(1) military spouses employed by such employer are
eligible to participate in such plan not later than the date
which is 2 months after the date on which such individual
begins employment with such employer, and
``(2) military spouses who are eligible to participate in
such plan--
``(A) are immediately eligible to receive an amount of
employer contributions under such plan which is not less the
amount of such contributions that a similarly situated
participant who is not a military spouse would be eligible to
receive under such plan after 2 years of service, and
``(B) immediately have a nonforfeitable right to the
employee's accrued benefit derived from employer
contributions under such plan.
``(f) Aggregation Rule.--All persons treated as a single
employer under subsection (b), (c), (m), or (o) of section
414 shall be treated as one employer for purposes of this
section.''.
(b) Credit Allowed as Part of General Business Credit.--
Section 38(b) is amended by striking ``plus'' at the end of
paragraph (39), by striking the period at the end of
paragraph (40) and inserting ``, plus'', and by adding at the
end the following new paragraph:
[[Page H10301]]
``(41) in the case of an eligible small employer (as
defined in section 45AA(c)), the military spouse retirement
plan eligibility credit determined under section 45AA(a).''.
(c) Specified Credit for Purposes of Certified Professional
Employer Organizations.--Section 3511(d)(2) is amended by
redesignating subparagraphs (F), (G), and (H) as
subparagraphs (G), (H), and (I), respectively, and by
inserting after subparagraph (E) the following new
subparagraph:
``(F) section 45AA (military spouse retirement plan
eligibility credit),''.
(d) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 is amended by
adding at the end the following new item:
``Sec. 45AA. Military spouse retirement plan eligibility credit for
small employers.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 113. SMALL IMMEDIATE FINANCIAL INCENTIVES FOR
CONTRIBUTING TO A PLAN.
(a) In General.--Subparagraph (A) of section 401(k)(4) is
amended by inserting ``(other than a de minimis financial
incentive (not paid for with plan assets) provided to
employees who elect to have the employer make contributions
under the arrangement in lieu of receiving cash)'' after
``any other benefit''.
(b) Section 403(b) Plans.--Subparagraph (A) of section
403(b)(12), as amended by the preceding provisions of this
Act, is further amended by adding at the end the following:
``A plan shall not fail to satisfy clause (ii) solely by
reason of offering a de minimis financial incentive (not
derived from plan assets) to employees to elect to have the
employer make contributions pursuant to a salary reduction
agreement.''.
(c) Exemption From Prohibited Transaction Rules.--
Subsection (d) of section 4975 is amended by striking ``or''
at the end of paragraph (22), by striking the period at the
end of paragraph (23) and inserting ``, or'', and by adding
at the end the following new paragraph:
``(24) the provision of a de minimis financial incentive
described in section 401(k)(4)(A).''.
(d) Amendment of Employee Retirement Income Security Act of
1974.--Subsection (b) of section 408 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)) is
amended by adding at the end the following new paragraph:
``(21) The provision of a de minimis financial incentive
described in section 401(k)(4)(A) or section 403(b)(12)(A) of
the Internal Revenue Code of 1986.''.
(e) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after the
date of enactment of this Act.
SEC. 114. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK
TO EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S
CORPORATION.
(a) In General.--Section 1042(c)(1)(A) is amended by
striking ``domestic C corporation'' and inserting ``domestic
corporation''.
(b) 10 Percent Limitation on Application of Gain on Sale of
S Corporation Stock.--Section 1042 is amended by adding at
the end the following new subsection:
``(h) Application of Section to Sale of Stock in S
Corporation.--In the case of the sale of qualified securities
of an S corporation, the election under subsection (a) may be
made with respect to not more than 10 percent of the amount
realized on such sale for purposes of determining the amount
of gain not recognized and the extent to which (if at all)
the amount realized on such sale exceeds the cost of
qualified replacement property. The portion of adjusted basis
that is properly allocable to the portion of the amount
realized with respect to which the election is made under
this subsection shall be taken into account for purposes of
the preceding sentence.''.
(c) Effective Date.--The amendments made by this section
shall apply to sales after December 31, 2027.
SEC. 115. WITHDRAWALS FOR CERTAIN EMERGENCY EXPENSES.
(a) In General.--Paragraph (2) of section 72(t) is amended
by adding at the end the following new subparagraph:
``(I) Distributions for certain emergency expenses.--
``(i) In general.--Any emergency personal expense
distribution.
``(ii) Annual limitation.--Not more than 1 distribution per
calendar year may be treated as an emergency personal expense
distribution by any individual.
``(iii) Dollar limitation.--The amount which may be treated
as an emergency personal expense distribution by any
individual in any calendar year shall not exceed the lesser
of $1,000 or an amount equal to the excess of--
``(I) the individual's total nonforfeitable accrued benefit
under the plan (the individual's total interest in the plan
in the case of an individual retirement plan), determined as
of the date of each such distribution, over
``(II) $1,000.
``(iv) Emergency personal expense distribution.--For
purposes of this subparagraph, the term `emergency personal
expense distribution' means any distribution from an
applicable eligible retirement plan (as defined in
subparagraph (H)(vi)(I)) to an individual for purposes of
meeting unforeseeable or immediate financial needs relating
to necessary personal or family emergency expenses. The
administrator of an applicable eligible retirement plan may
rely on an employee's written certification that the employee
satisfies the conditions of the preceding sentence in
determining whether any distribution is an emergency personal
expense distribution. The Secretary may provide by
regulations for exceptions to the rule of the preceding
sentence in cases where the plan administrator has actual
knowledge to the contrary of the employee's certification,
and for procedures for addressing cases of employee
misrepresentation.
``(v) Treatment of plan distributions.--If a distribution
to an individual would (without regard to clause (ii) or
(iii)) be an emergency personal expense distribution, a plan
shall not be treated as failing to meet any requirement of
this title merely because the plan treats the distribution as
an emergency personal expense distribution, unless the number
or the aggregate amount of such distributions from all plans
maintained by the employer (and any member of any controlled
group which includes the employer, determined as provided in
subparagraph (H)(iv)(II)) to such individual exceeds the
limitation determined under clause (ii) or (iii).
``(vi) Amount distributed may be repaid.--Rules similar to
the rules of subparagraph (H)(v) shall apply with respect to
an individual who receives a distribution to which clause (i)
applies.
``(vii) Limitation on subsequent distributions.--If a
distribution is treated as an emergency personal expense
distribution in any calendar year with respect to a plan of
the employee, no amount may be treated as such a distribution
during the immediately following 3 calendar years with
respect to such plan unless--
``(I) such previous distribution is fully repaid to such
plan pursuant to clause (vi), or
``(II) the aggregate of the elective deferrals and employee
contributions to the plan (the total amounts contributed to
the plan in the case of an individual retirement plan)
subsequent to such previous distribution is at least equal to
the amount of such previous distribution which has not been
so repaid.
``(viii) Special rules.--Rules similar to the rules of
subclauses (II) and (IV) of subparagraph (H)(vi) shall apply
to any emergency personal expense distribution.''.
(b) Cross-reference.--See section 311 of this Act for
amendment to section 72(t)(2)(H)(v)(I) of the Internal
Revenue Code of 1986 limiting repayment of distribution to 3
years.
(c) Effective Date.--The amendments made by this section
shall apply to distributions made after December 31, 2023.
SEC. 116. ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO
SIMPLE PLANS.
(a) In General.--
(1) Modification to definition.--Subparagraph (A) of
section 408(p)(2) is amended by striking ``and'' at the end
of clause (iii), by redesignating clause (iv) as clause (v),
and by inserting after clause (iii) the following new clause:
``(iv) the employer may make nonelective contributions of a
uniform percentage (up to 10 percent) of compensation for
each employee who is eligible to participate in the
arrangement, and who has at least $5,000 of compensation from
the employer for the year, but such contributions with
respect to any employee shall not exceed $5,000 for the year,
and''.
(2) Limitation.--Subparagraph (A) of section 408(p)(2) is
amended by adding at the end the following: ``The
compensation taken into account under clause (iv) for any
year shall not exceed the limitation in effect for such year
under section 401(a)(17).''.
(3) Overall dollar limit on contributions.--Paragraph (8)
of section 408(p) is amended to read as follows:
``(8) Coordination with maximum limitation.--In the case of
any simple retirement account--
``(A) subsection (a)(1) shall be applied by substituting
for `the amount in effect for such taxable year under section
219(b)(1)(A)' the following: `the sum of the dollar amount in
effect under subsection (p)(2)(A)(ii), the employer
contribution required under subsection (p)(2)(A)(iii) or
(p)(2)(B)(i), whichever is applicable, and a contribution
which meets the requirement of subsection (p)(2)(A)(iv) with
respect to the employee', and
``(B) subsection (b)(2)(B) shall be applied by substituting
for `the dollar amount in effect under section 219(b)(1)(A)'
the following: `the sum of the dollar amount in effect under
subsection (p)(2)(A)(ii), the employer contribution required
under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is
applicable, and a contribution which meets the requirement of
subsection (p)(2)(A)(iv) with respect to the employee'.''.
(4) Adjustment for inflation.--Paragraph (2) of section
408(p), as amended by this Act, is further amended by adding
at the end the following new subparagraph:
``(G) Adjustment for inflation.--In the case of taxable
years beginning after December 31, 2024, the $5,000 amount in
subparagraph (A)(iv)(II) shall be increased by an amount
equal to--
``(i) such amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `2023' for `2016' in
subparagraph (A)(ii) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(b) Conforming Amendments.--
(1) Section 408(p)(2)(A)(v), as redesignated by subsection
(a), is amended by striking ``or (iii)'' and inserting ``,
(iii), or (iv)''.
(2) Section 401(k)(11)(B)(i) is amended by striking ``and''
at the end of subclause (II), by redesignating subclause
(III) as subclause (IV), and by inserting after subclause
(II) the following new subclause:
``(III) the employer may make nonelective contributions of
a uniform percentage (up to 10
[[Page H10302]]
percent) of compensation, but not to exceed the amount in
effect under section 408(p)(2)(A)(iv) in any year, for each
employee who is eligible to participate in the arrangement
and who has at least $5,000 of compensation from the employer
for the year, and''.
(3) Section 401(k)(11)(B)(i)(IV), as redesignated by
paragraph (2), is amended by striking ``or (II)'' and
inserting ``, (II), or (III)''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2023.
SEC. 117. CONTRIBUTION LIMIT FOR SIMPLE PLANS.
(a) In General.--Subparagraph (E) of section 408(p)(2) is
amended--
(1) by striking ``amount is'' and all that follows in
clause (i) and inserting the following: ``dollar amount is--
``(I) the adjusted dollar amount in the case of an eligible
employer described in clause (iii) which had not more than 25
employees who received at least $5,000 of compensation from
the employer for the preceding year,
``(II) the adjusted dollar amount in the case of an
eligible employer described in clause (iii) which is not
described in subclause (I) and which elects, at such time and
in such manner as prescribed by the Secretary, the
application of this subclause for the year, and
``(III) $10,000 in any other case.'',
(2) by redesignating clause (ii) as clause (iii) and by
inserting after clause (i) the following new clause:
``(ii) Adjusted dollar amount.--For purposes of clause (i),
the adjusted dollar amount is an amount equal to 110 percent
of the dollar amount in effect under clause (i)(III) for
calendar year 2024.'',
(3) by striking ``adjustment.--In the case of'' in clause
(iii), as so redesignated, and inserting ``adjustment.--
``(I) Certain large employers.--In the case of'',
(4) by striking ``clause (i)'' in such clause (iii) and
inserting ``clause (i)(III)'', and
(5) by adding at the end of such clause (iii) the following
new subclause:
``(II) Other employers.--In the case of a year beginning
after December 31, 2024, the Secretary shall adjust annually
the adjusted dollar amount under clause (ii) in the manner
provided under subclause (I) of this clause, except that the
base period taken into account shall be the calendar quarter
beginning July 1, 2023.''.
(b) Catch-up Contributions.--Paragraph (2) of section
414(v) is amended--
(1) in subparagraph (B)--
(A) by striking ``the applicable'' in clause (ii), as
amended by this Act, and inserting ``except as provided in
clause (iii), the applicable''; and
(B) by adding at the end the following new clause:
``(iii) In the case of an applicable employer plan--
``(I) which is maintained by an eligible employer described
in section 408(p)(2)(E)(i)(I), or
``(II) to which an election under section
408(p)(2)(E)(i)(II) applies for the year (including a plan
described in section 401(k)(11) which is maintained by an
eligible employer described in section 408(p)(2)(E)(i)(II)
and to which such election applies by reason of subparagraphs
(B)(i)(I) and (E) of section 401(k)(11)),
the applicable dollar amount is an amount equal to 110
percent of the dollar amount in effect under clause (ii) for
calendar year 2024.'', and
(2) in subparagraph (C), as amended by this Act--
(A) by striking ``adjustment.--In the case of'' and
inserting the following: ``adjustment.--
``(i) Certain large employers.--In the case of'', and
(B) by adding at the end the following new clause:
``(ii) Other employers.--In the case of a year beginning
after December 31, 2024, the Secretary shall adjust annually
the dollar amount described in subparagraph (B)(iii) in the
manner provided under clause (i) of this subparagraph, except
that the base period taken into account shall be the calendar
quarter beginning July 1, 2023.''.
(c) Employer Match.--Clause (ii) of section 408(p)(2)(C) is
amended--
(1) by striking ``The term'' in subclause (I) and inserting
``Except as provided in subclause (IV), the term'',
(2) by adding at the end the following new subclause:
``(IV) Special rule for electing larger employers.--In the
case of an employer which had more than 25 employees who
received at least $5,000 of compensation from the employer
for the preceding year, and which makes the election under
subparagraph (E)(i)(II) for any year, subclause (I) shall be
applied for such year by substituting `4 percent' for `3
percent'.'', and
(3) by striking ``3 percent'' each place it appears in
subclauses (II) and (III) and inserting ``the applicable
percentage''.
(d) Increase in Nonelective Employer Contribution for
Electing Larger Employers.--Subparagraph (B) of section
408(p)(2) is amended by adding at the end the following new
clause:
``(iii) Special rule for electing larger employers.--In the
case of an employer which had more than 25 employees who
received at least $5,000 of compensation from the employer
for the preceding year, and which makes the election under
subparagraph (E)(i)(II) for any year, clause (i) shall be
applied for such year by substituting `3 percent' for `2
percent'.''.
(e) Transition Rule.--Paragraph (2) of section 408(p), as
amended by this Act, is further amended by adding at the end
the following new subparagraph:
``(H) 2-year grace period.--An eligible employer which had
not more than 25 employees who received at least $5,000 of
compensation from the employer for 1 or more years, and which
has more than 25 such employees for any subsequent year,
shall be treated for purposes of subparagraph (E)(i) as
having 25 such employees for the 2 years following the last
year the employer had not more than 25 such employees, and
not as having made the election under subparagraph (E)(i)(II)
for such 2 years. Rules similar to the second sentence of
subparagraph (C)(i)(II) shall apply for purposes of this
subparagraph.''.
(f) Amendments Apply Only if Employer Has Not Had Another
Plan Within 3 Years.--Subparagraph (E) of section 408(p)(2),
as amended by subsection (a), is further amended by adding at
the end the following new clause:
``(iv) Employer has not had another plan within 3 years.--
An eligible employer is described in this clause only if,
during the 3-taxable-year period immediately preceding the
1st year the employer maintains the qualified salary
reduction arrangement under this paragraph, neither the
employer nor any member of any controlled group including the
employer (or any predecessor of either) established or
maintained any plan described in clause (i), (ii), or (iv) of
section 219(g)(5)(A) with respect to which contributions were
made, or benefits were accrued, for substantially the same
employees as are eligible to participate in such qualified
salary reduction arrangement.''.
(g) Conforming Amendments Relating to Simple 401(k)s.--
(1) Subclause (I) of section 401(k)(11)(B)(i) is amended by
inserting ``(after the application of any election under
section 408(p)(2)(E)(i)(II))'' before the comma.
(2) Paragraph (11) of section 401(k) is amended by adding
at the end the following new subparagraph:
``(E) Employers electing increased contributions.--In the
case of an employer which applies an election under section
408(p)(2)(E)(i)(II) for purposes of the contribution
requirements of this paragraph under subparagraph (B)(i)(I),
rules similar to the rules of subparagraphs (B)(iii),
(C)(ii)(IV), and (G) of section 408(p)(2) shall apply for
purposes of subparagraphs (B)(i)(II) and (B)(ii) of this
paragraph.''.
(h) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2023.
(i) Reports by Secretary.--
(1) In general.--The Secretary of the Treasury shall, not
later than December 31, 2024, and annually thereafter, report
to the Committees on Finance and Health, Education, Labor,
and Pensions of the Senate and the Committees on Ways and
Means and Education and Labor of the House of Representatives
on the data described in paragraph (2), together with any
recommendations the Secretary deems appropriate.
(2) Data described.--For purposes of the report required
under paragraph (1), the Secretary of the Treasury shall
collect data and information on--
(A) the number of plans described in section 408(p) or
401(k)(11) of the Internal Revenue Code of 1986 that are
maintained or established during a year;
(B) the number of participants eligible to participate in
such plans for such year;
(C) median contribution amounts for the participants
described in subparagraph (B);
(D) the types of investments that are most common under
such plans; and
(E) the fee levels charged in connection with the
maintenance of accounts under such plans.
Such data and information shall be collected separately for
each type of plan. For purposes of collecting such data, the
Secretary of the Treasury may use such data as is otherwise
available to the Secretary for publication and may use such
approaches as are appropriate under the circumstances,
including the use of voluntary surveys and collaboration on
studies.
SEC. 118. TAX TREATMENT OF CERTAIN NONTRADE OR BUSINESS SEP
CONTRIBUTIONS.
(a) In General.--Subparagraph (B) of section 4972(c)(6) is
amended--
(1) by striking ``408(p)) or'' and inserting ``408(p)),'';
and
(2) by inserting ``, or a simplified employee pension
(within the meaning of section 408(k))'' after
``401(k)(11))''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment
under section 4972(c)(6) of the Internal Revenue Code of 1986
of nondeductible contributions to which the amendments made
by this section do not apply.
SEC. 119. APPLICATION OF SECTION 415 LIMIT FOR CERTAIN
EMPLOYEES OF RURAL ELECTRIC COOPERATIVES.
(a) In General.--Section 415(b) is amended by adding at the
end the following new paragraph:
``(12) Special rule for certain employees of rural electric
cooperatives.--
``(A) In general.--Subparagraph (B) of paragraph (1) shall
not apply to a participant in an eligible rural electric
cooperative plan, except in the case of a participant who was
a highly compensated employee (as defined in section 414(q))
of an employer maintaining such plan for the earlier of--
``(i) the plan year in which the participant terminated
employment with such employer, or
``(ii) the plan year in which distributions commence under
the plan with respect to the participant, or
for any of the 5 plan years immediately preceding such
earlier plan year.
``(B) Eligible rural electric cooperative plan.--For
purposes of this paragraph--
[[Page H10303]]
``(i) In general.--The term `eligible rural electric
cooperative plan' means a plan maintained by more than 1
employer, with respect to which at least 85 percent of the
employers maintaining the plan are rural cooperatives
described in clause (i) or (ii) of section 401(k)(7)(B) or
are a national association of such a rural cooperative.
``(ii) Election.--An employer maintaining an eligible rural
cooperative plan may elect not to have subparagraph (A) apply
to its employees.
``(C) Regulations.--The Secretary shall prescribe such
regulations and other guidance as are necessary to limit the
application of subparagraph (A) such that it does not result
in increased benefits for highly compensated employees.''.
(b) Effective Date.--The amendment made by this section
shall apply to limitation years ending after the date of the
enactment of this Act.
SEC. 120. EXEMPTION FOR CERTAIN AUTOMATIC PORTABILITY
TRANSACTIONS.
(a) In General.--Section 4975(d), as amended by the
preceding provisions of this Act, is further amended by
striking ``or'' at the end of paragraph (23), by striking the
period at the end of paragraph (24) and inserting ``, or'',
and by adding at the end the following new paragraph:
``(25) the receipt of fees and compensation by the
automatic portability provider for services provided in
connection with an automatic portability transaction.''.
(b) Other Definitions and Special Rules.--Section 4975(f)
is amended by adding at the end the following new paragraph:
``(12) Rules relating to automatic portability
transactions.--
``(A) In general.--For purposes of subsection (d)(25)--
``(i) Automatic portability transaction.--An automatic
portability transaction is a transfer of assets made--
``(I) from an individual retirement plan which is
established on behalf of an individual and to which amounts
were transferred under section 401(a)(31)(B)(i),
``(II) to an employer-sponsored retirement plan described
in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B)
(other than a defined benefit plan) in which such individual
is an active participant, and
``(III) after such individual has been given advance notice
of the transfer and has not affirmatively opted out of such
transfer.
``(ii) Automatic portability provider.--An automatic
portability provider is a person, other than an individual,
who executes transfers described in clause (i).
``(B) Conditions for automatic portability transactions.--
Subsection (d)(25) shall not apply to an automatic
portability transaction unless the following requirements are
satisfied:
``(i) Acknowledgment of fiduciary status.--An automatic
portability provider shall acknowledge in writing, at such
time and format as specified by the Secretary of Labor, that
the provider is a fiduciary with respect to the individual
retirement plan described in subparagraph (A)(i)(I).
``(ii) Fees.--The fees and compensation received, directly
or indirectly, by the automatic portability provider for
services provided in connection with the automatic
portability transaction (including any increase in such fees
or compensation and any fees or compensation in connection
with, but received before, the transaction)--
``(I) shall not exceed reasonable compensation, and
``(II) shall be fully disclosed to and approved in writing
in advance of the transaction by a plan fiduciary of the plan
described in subparagraph (A)(i)(II) which is independent of
the automatic portability provider.
An automatic portability provider shall not receive any fees
or compensation in connection with an automatic portability
transaction involving a plan which is sponsored or maintained
by the automatic portability provider.
``(iii) Data usage.--The automatic portability provider
shall not market or sell data relating to the individual
retirement plan described in subparagraph (A)(i)(I) or to the
participants of the plan described in subparagraph
(A)(i)(II).
``(iv) Open participation.--The automatic portability
provider shall offer automatic portability transactions on
the same terms to any plan described in subparagraph
(A)(i)(II).
``(v) Pre-transaction notice.--At least 60 days in advance
of an automatic portability transaction, the automatic
portability provider shall provide notice to the individual
on whose behalf the individual retirement plan described in
subparagraph (A)(i)(I) is established which includes--
``(I) a description of the automatic portability
transaction and a complete and accurate statement of all fees
which will be charged and all compensation which will be
received in connection with the transaction,
``(II) a clear and prominent description of the
individual's right to affirmatively elect not to participate
in the transaction as well as the other available
distribution options, the deadline by which the individual
must make an election, the procedures for such an election,
and a telephone number for the automatic portability provider
that the individual may call to make such election,
``(III) a description of the individual's right to
designate a beneficiary and the procedures to do so, and
``(IV) such other disclosures as the Secretary of Labor may
require by regulation.
``(vi) Post-transaction notice.--Not later than 3 business
days after an automatic portability transaction, the
automatic portability provider shall provide notice to the
individual on whose behalf the individual retirement plan
described in subparagraph (A)(i)(I) is established of--
``(I) the actions taken by the automatic portability
provider with respect to the individual's account,
``(II) all relevant information regarding the location and
amount of any transferred assets,
``(III) a statement of fees charged against the account by
the automatic portability provider or its affiliates in
connection with the transfer,
``(IV) a telephone number at which the individual can
contact the automatic portability provider, and
``(V) such other disclosures as the Secretary of Labor may
require by regulation.
``(vii) Notice requirements.--The notices required under
clauses (v) and (vi) shall be written in a manner calculated
to be understood by the average person and shall not include
inaccurate or misleading statements.
``(viii) Frequency of searches.--The automatic portability
provider shall query on at least a monthly basis whether any
individual with an individual retirement plan described in
subparagraph (A)(i)(I) has an account in a plan described in
subparagraph (A)(i)(II).
``(ix) Timeliness of execution.--After liquidating the
assets of an individual retirement plan described in
subparagraph (A)(i)(I) to cash, an automatic portability
provider shall transfer the account balance of such plan as
soon as practicable to the plan described in subparagraph
(A)(i)(II).
``(x) Limitation on exercise of discretion.--The automatic
portability provider shall neither have nor exercise
discretion to affect the timing or amount of the transfer
pursuant to an automatic portability transaction other than
to deduct the appropriate fees as described in clause (ii).
``(xi) Record retention and audits.--
``(I) In general.--An automatic portability provider shall,
for not less than 6 years after the automatic portability
transaction has occurred, maintain the records sufficient to
demonstrate the terms of this subparagraph have been met. The
automatic portability provider shall make such records
available to any authorized employee of the Department of the
Treasury or the Department of Labor within 30 calendar days
of the date of a written request for such records.
``(II) Audits.--An automatic portability provider shall
conduct an annual audit, in accordance with regulations
promulgated by the Secretary of Labor, of automatic
portability transactions occurring during the calendar year
to demonstrate compliance with this paragraph and any
regulations thereunder and identify any instances of
noncompliance therewith, and shall submit such audit annually
to the Secretary of Labor, in such form and manner as
specified by such Secretary.
``(xii) Website.--The automatic portability provider shall
maintain a website which contains--
``(I) a list of recordkeepers for each plan described in
subparagraph (A)(i)(II) with respect to which the provider
carries out automatic portability transactions, and
``(II) a list of all fees described in clause (ii)(II) paid
to the provider.''.
(c) Regulatory Authority.--Not later than 12 months after
the date of the enactment of this Act, the Secretary of Labor
shall issue such guidance as may be necessary to carry out
the purposes of the amendments made by this section,
including regulations or other guidance which--
(1) require an automatic portability provider to provide a
notice to individuals on whose behalf the individual
retirement plan described in paragraph (12)(A)(i)(I) of
section 4975(f) of the Internal Revenue Code of 1986, as
added by this section, is established in advance of the
notices specified in paragraph (12)(B)(v) of such section, as
so added,
(2) require an automatic portability provider to disclose
to plans described in paragraph (12)(A)(i)(II) of section
4975(f) of the Internal Revenue Code of 1986, as added by
this section, information required to be provided by a
covered service provider pursuant to section 2550.408b-2(c)
of title 29, Code of Federal Regulations,
(3) require a plan described in such paragraph
(12)(A)(i)(II), as so added, to fully disclose fees related
to an automatic portability transaction in its summary plan
description or summary of material modifications, as
relevant,
(4) require a plan described in such paragraph, as so
added, to invest amounts received on behalf of a participant
pursuant to an automatic portability transaction in the
participant's current investment election under the plan or,
if no election is made or permitted, in the plan's qualified
default investment alternative (within the meaning of section
2550.404c-5 of title 29, Code of Federal Regulations) or
another investment selected by a fiduciary with respect to
such plan,
(5) prohibit or restrict the receipt or payment of third
party compensation (other than a direct fee paid by a plan
sponsor which is in lieu of a fee imposed on an individual
retirement plan owner) by an automatic portability provider
in connection with an automatic portability transaction,
(6) prohibit exculpatory provisions in an automatic
portability provider's contracts or communications with
individuals disclaiming or limiting its liability in the
event that an automatic portability transaction results in an
improper transfer,
(7) require an automatic portability provider to take
actions necessary to reasonably ensure that participant and
beneficiary data is current and accurate,
(8) limit the use of data related to automatic portability
transactions for any purpose other than the execution of such
transactions or locating missing participants, except as
permitted by the Secretary of Labor,
(9) provide for corrections procedures in the event an
auditor determines the automatic portability provider was not
in compliance with this
[[Page H10304]]
provision and related regulations as specified in paragraph
(12)(B)(ix)(II) of section 4975(f) of such Code, as so added,
including deadlines, supplemental audits, and corrective
actions which may include a temporary prohibition from
relying on the exemption provided by paragraph (25) of
section 4975(d) of such Code, as added by this section,
(10) ensure that the appropriate participants and
beneficiaries, in fact, receive all the required notices and
disclosures, and
(11) make clear that the exemption provided by paragraph
(25) of section 4975(d) of such Code, as added by this
section, applies solely to the automatic portability
transactions described therein, and, to the extent the
Secretary deems necessary or advisable, specify how the
application of the exemption relates to or coordinates with
the application of other statutory provisions, regulations,
administrative guidance, or exemptions.
Any term used in this subsection which is used in paragraph
(12) of section 4975(f) of such Code, as added by this
section, has the same meaning as when used in such paragraph.
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the first audit report received by the Secretary of Labor
from any automatic portability provider, and every 3 years
thereafter, the Secretary of Labor shall report to the
Committees on Health, Education, Labor and Pensions and
Finance of the Senate and the Committees on Education and
Labor and Ways and Means of the House of Representatives on--
(A) the effectiveness of automatic portability transactions
under the exemption provided by paragraph (25) of section
4975(d) of the Internal Revenue Code of 1986, as added by
this section, detailing--
(i) the number of automatic cash outs from qualified plans
to individual retirement plans described in section
4975(f)(12)(A)(i)(I) of such Code,
(ii) the number of completed automatic portability
transactions to employer-sponsored retirement plans described
in section 4975(f)(12)(A)(i)(II) of such Code,
(iii) the number of individual retirement plans described
in section 4975(f)(12)(A)(i)(I) of such Code which have been
transferred to designated beneficiaries,
(iv) the number of individual retirement plans described in
section 4975(f)(12)(A)(i)(I) of such Code for which the
automatic portability provider is searching for next of kin
due to a deceased account holder without a designated
beneficiary, and
(v) the number of accounts that were reduced to a zero
balance while in the automatic portability provider's
custody;
(B) a summary of any consumer complaints submitted to the
Employee Benefits Security Administration regarding automatic
portability transactions;
(C) a summary of compliance issues found in the annual
audit described in section 4975(f)(12)(B)(xiii)(II) of such
Code, if any, and their corrections;
(D) a summary of the fees individuals are charged in
connection with automatic portability transactions, including
whether those fees have increased since the last report;
(E) recommendations of any necessary statutory changes to
this exemption to improve the effectiveness of automatic
portability transactions, including repeal of this provision
in the event of a pattern of noncompliance; and
(F) any other information the Secretary of Labor deems
important.
The report required by this subsection shall be made publicly
available.
(2) Report on notices relating to automatic transfers.--Not
later than 2 years after the date of the enactment of this
Act, the Secretary of Treasury shall report to the Committee
on Finance of the Senate and the Committee on Ways and Means
on the adequacy of the notices relating to transfers under
section 401(a)(31)(B)(i) of the Internal Revenue Code of
1986.
(e) Effective Date.--The amendments made by this section
shall apply to transactions occurring on or after the date
which is 12 months after the date of the enactment of this
Act.
SEC. 121. STARTER 401(K) PLANS FOR EMPLOYERS WITH NO
RETIREMENT PLAN.
(a) In General.--Section 401(k) is amended by adding at the
end the following new paragraph:
``(16) Starter 401(k) deferral-only plans for employers
with no retirement plan.--
``(A) In general.--A starter 401(k) deferral-only
arrangement maintained by an eligible employer shall be
treated as meeting the requirements of paragraph (3)(A)(ii).
``(B) Starter 401(k) deferral-only arrangement.--For
purposes of this paragraph, the term `starter 401(k)
deferral-only arrangement' means any cash or deferred
arrangement which meets--
``(i) the automatic deferral requirements of subparagraph
(C),
``(ii) the contribution limitations of subparagraph (D),
and
``(iii) the requirements of subparagraph (E) of paragraph
(13).
``(C) Automatic deferral.--
``(i) In general.--The requirements of this subparagraph
are met if, under the arrangement, each eligible employee is
treated as having elected to have the employer make elective
contributions in an amount equal to a qualified percentage of
compensation.
``(ii) Election out.--The election treated as having been
made under clause (i) shall cease to apply with respect to
any employee if such employee makes an affirmative election--
``(I) to not have such contributions made, or
``(II) to make elective contributions at a level specified
in such affirmative election.
``(iii) Qualified percentage.--For purposes of this
subparagraph, the term `qualified percentage' means, with
respect to any employee, any percentage determined under the
arrangement if such percentage is applied uniformly and is
not less than 3 or more than 15 percent.
``(D) Contribution limitations.--
``(i) In general.--The requirements of this subparagraph
are met if, under the arrangement--
``(I) the only contributions which may be made are elective
contributions of employees described in subparagraph (C), and
``(II) the aggregate amount of such elective contributions
which may be made with respect to any employee for any
calendar year shall not exceed $6,000.
``(ii) Cost-of-living adjustment.--In the case of any
calendar year beginning after December 31, 2024, the $6,000
amount under clause (i) shall be adjusted in the same manner
as under section 402(g)(4), except that `2023' shall be
substituted for `2005'.
``(iii) Catch-up contributions for individuals age 50 or
over.--In the case of an individual who has attained the age
of 50 before the close of the taxable year, the limitation
under clause (i)(II) shall be increased by the applicable
amount determined under section 219(b)(5)(B)(ii) (after the
application of section 219(b)(5)(C)(iii)).
``(E) Eligible employer.--For purposes of this paragraph--
``(i) In general.--The term `eligible employer' means any
employer if the employer does not maintain a qualified plan
with respect to which contributions are made, or benefits are
accrued, for service in the year for which the determination
is being made. If only individuals other than employees
described in subparagraph (A) of section 410(b)(3) are
eligible to participate in such arrangement, then the
preceding sentence shall be applied without regard to any
qualified plan in which only employees described in such
subparagraph are eligible to participate.
``(ii) Relief for acquisitions, etc.--Rules similar to the
rules of section 408(p)(10) shall apply for purposes of
clause (i).
``(iii) Qualified plan.--The term `qualified plan' means a
plan, contract, pension, account, or trust described in
subparagraph (A) or (B) of paragraph (5) of section 219(g)
(determined without regard to the last sentence of such
paragraph (5)).
``(F) Eligible employee.--For purposes of this paragraph--
``(i) In general.--The term `eligible employee' means any
employee of the employer who meets the minimum age and
service conditions described in section 410(a)(1).
``(ii) Exclusions.--The employer may elect to exclude from
such definition any employee described in paragraph (3) or
(4) of section 410(b).''.
(b) Certain Annuity Contracts.--Section 403(b), as amended
by the preceding provision of this Act, is further amended by
adding at the end the following new paragraph:
``(16) Safe harbor deferral-only plans for employers with
no retirement plan.--
``(A) In general.--A safe harbor deferral-only plan
maintained by an eligible employer shall be treated as
meeting the requirements of paragraph (12).
``(B) Safe harbor deferral-only plan.--For purposes of this
paragraph, the term `safe harbor deferral-only plan' means
any plan which meets--
``(i) the automatic deferral requirements of subparagraph
(C),
``(ii) the contribution limitations of subparagraph (D),
and
``(iii) the requirements of subparagraph (E) of section
401(k)(13).
``(C) Automatic deferral.--
``(i) In general.--The requirements of this subparagraph
are met if, under the plan, each eligible employee is treated
as having elected to have the employer make elective
contributions in an amount equal to a qualified percentage of
compensation.
``(ii) Election out.--The election treated as having been
made under clause (i) shall cease to apply with respect to
any eligible employee if such eligible employee makes an
affirmative election--
``(I) to not have such contributions made, or
``(II) to make elective contributions at a level specified
in such affirmative election.
``(iii) Qualified percentage.--For purposes of this
subparagraph, the term `qualified percentage' means, with
respect to any employee, any percentage determined under the
plan if such percentage is applied uniformly and is not less
than 3 or more than 15 percent.
``(D) Contribution limitations.--
``(i) In general.--The requirements of this subparagraph
are met if, under the plan--
``(I) the only contributions which may be made are elective
contributions of eligible employees, and
``(II) the aggregate amount of such elective contributions
which may be made with respect to any employee for any
calendar year shall not exceed $6,000.
``(ii) Cost-of-living adjustment.--In the case of any
calendar year beginning after December 31, 2024, the $6,000
amount under clause (i) shall be adjusted in the same manner
as under section 402(g)(4), except that `2023' shall be
substituted for `2005'.
``(iii) Catch-up contributions for individuals age 50 or
over.--In the case of an individual who has attained the age
of 50 before the close of the taxable year, the limitation
under clause (i)(II) shall be increased by the applicable
amount determined under section 219(b)(5)(B)(ii) (after the
application of section 219(b)(5)(C)(iii)).
``(E) Eligible employer.--For purposes of this paragraph--
``(i) In general.--The term `eligible employer' means any
employer if the employer does not maintain a qualified plan
with respect to which contributions are made, or benefits are
accrued, for service in the year for which the determination
is being made. If only individuals other
[[Page H10305]]
than employees described in subparagraph (A) of section
410(b)(3) are eligible to participate in such arrangement,
then the preceding sentence shall be applied without regard
to any qualified plan in which only employees described in
such subparagraph are eligible to participate.
``(ii) Relief for acquisitions, etc.--Rules similar to the
rules of section 408(p)(10) shall apply for purposes of
clause (i).
``(iii) Qualified plan.--The term `qualified plan' means a
plan, contract, pension, account, or trust described in
subparagraph (A) or (B) of paragraph (5) of section 219(g)
(determined without regard to the last sentence of such
paragraph (5)).
``(F) Eligible employee.--For purposes of this paragraph,
the term `eligible employee' means any employee of the
employer other than an employee who is permitted to be
excluded under paragraph (12)(A).''.
(c) Starter and Safe Harbor Plans Not Treated as Top-Heavy
Plans.--Subparagraph (H) of section 416(g)(4) is amended--
(1) by striking ``arrangements'' in the heading and
inserting ``arrangements or plans'',
(2) by striking ``, and'' at the end of clause (i) and
inserting ``and matching contributions with respect to which
the requirements of paragraph (11), (12), or (13) of section
401(m) are met, or'', and
(3) by striking clause (ii) and inserting after clause (i)
the following new clause:
``(ii) a starter 401(k) deferral-only arrangement described
in section 401(k)(16)(B) or a safe harbor deferral-only plan
described in section 403(b)(16).''.
(d) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 122. ASSIST STATES IN LOCATING OWNERS OF APPLICABLE
SAVINGS BONDS.
(a) In General.--Section 3105 of title 31, United States
Code, is amended by adding at the end the following:
``(f)(1)(A) The Secretary shall provide each State, in
digital or other electronic form, with information describing
any applicable savings bond which has an applicable address
that is within such State, including--
``(i) the name and applicable address of the registered
owner; and
``(ii) the name and applicable address of any registered
co-owner or beneficiary.
``(B) The information provided under subparagraph (A) may
include the serial number of any applicable savings bond.
``(C)(i) For purposes of this paragraph, the term
`applicable address' means, with respect to any applicable
savings bond--
``(I) the registered address for the registered owner, co-
owner, or beneficiary (as applicable) of such bond; or
``(II) if such information is available to the Secretary,
the last known address for the registered owner, co-owner, or
beneficiary (as applicable) of such bond.
``(ii) For purposes of clause (i), if the information
described in subclause (II) of clause (i) with respect to any
individual is available to the Secretary, subclause (I) of
such clause shall not apply.
``(2)(A) Not later than 12 months after the date of
enactment of this subsection, the Secretary shall prescribe
such regulations or other guidance as may be necessary to
carry out the purposes of this subsection, including rules
to--
``(i) protect the privacy of the owners of applicable
savings bonds;
``(ii) prevent fraud; and
``(iii) ensure that any information provided to a State
under this subsection shall be used solely to carry out the
purposes of this subsection.
``(B) Except as deemed necessary to protect privacy or
prevent fraud or misuse of savings bond information, any
regulations or guidance prescribed by the Secretary pursuant
to subparagraph (A) shall not have the effect of prohibiting,
restricting, or otherwise preventing a State from obtaining
all information described in paragraph (1)(A).
``(3) Not later than 12 months after the date of enactment
of this subsection, and annually thereafter for each year
during the 5-year period beginning after the date of
enactment of this subsection, the Secretary shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Ways and
Means of the House of Representatives, and the Committee on
Finance of the Senate a report assessing all efforts to
satisfy the requirement under paragraph (1)(A).
``(4) Any State that receives information described in
paragraph (1)(A) with respect to an applicable savings bond
may use such information to locate the owner of such bond
pursuant to the same standards and requirements as are
applicable under--
``(A) the abandoned property rules and regulations of such
State; and
``(B) any regulations or guidance promulgated under this
subsection.
``(5) For purposes of this subsection, the Secretary may
disclose to the public any information with respect to any
applicable savings bond which a State may disclose to the
public pursuant to paragraph (4).
``(6) For purposes of this subsection, the term `applicable
savings bond' means a savings bond which--
``(A) is more than 3 years past its date of final maturity;
``(B)(i) is in paper form; or
``(ii) is in paperless or electronic form and for which--
``(I) there is no designated bank account or routing
information; or
``(II) the designated bank account or routing information
is incorrect; and
``(C) has not been redeemed.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of enactment of this Act.
SEC. 123. CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN
CASE OF EMPLOYEE STOCK OWNERSHIP PLANS.
(a) In General.--Section 401(a)(35) is amended by adding at
the end the following new subparagraph:
``(I) ESOP rules relating to publicly traded securities.--
In the case of an applicable defined contribution plan which
is an employee stock ownership plan, an employer security
shall be treated as described in subparagraph (G)(v) if--
``(i) the security is the subject of priced quotations by
at least 4 dealers, published and made continuously available
on an interdealer quotation system (as such term is used in
section 13 of the Securities Exchange Act of 1934) which has
made the request described in section 6(j) of such Act to be
treated as an alternative trading system,
``(ii) the security is not a penny stock (as defined by
section 3(a)(51) of such Act),
``(iii) the security is issued by a corporation which is
not a shell company (as such term is used in section 4(d)(6)
of the Securities Act of 1933), a blank check company (as
defined in section 7(b)(3) of such Act), or subject to
bankruptcy proceedings,
``(iv) the security has a public float (as such term is
used in section 240.12b-2 of title 17, Code of Federal
Regulations) which has a fair market value of at least
$1,000,000 and constitutes at least 10 percent of the total
shares issued and outstanding.
``(v) in the case of a security issued by a domestic
corporation, the issuer publishes, not less frequently than
annually, financial statements audited by an independent
auditor registered with the Public Company Accounting
Oversight Board established under the Sarbanes-Oxley Act of
2002, and
``(vi) in the case of a security issued by a foreign
corporation, the security is represented by a depositary
share (as defined under section 240.12b-2 of title 17, Code
of Federal Regulations), or is issued by a foreign
corporation incorporated in Canada and readily tradeable on
an established securities market in Canada, and the issuer--
``(I) is subject to, and in compliance with, the reporting
requirements of section 13 or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)),
``(II) is subject to, and in compliance with, the reporting
requirements of section 230.257 of title 17, Code of Federal
Regulations, or
``(III) is exempt from such requirements under section
240.12g3-2(b) of title 17, Code of Federal Regulations.''.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2027.
SEC. 124. MODIFICATION OF AGE REQUIREMENT FOR QUALIFIED ABLE
PROGRAMS.
(a) In General.--Section 529A(e) is amended by striking
``age 26'' each place it appears in paragraphs (1)(A) and
(2)(A)(i)(II) and inserting ``age 46''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2025.
SEC. 125. IMPROVING COVERAGE FOR PART-TIME WORKERS.
(a) In General.--
(1) Employee retirement income security act of 1974.--
Section 202 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1052) is amended by adding at the end the
following new subsection:
``(c) Special Rule for Certain Part-time Employees.--
``(1) In general.--A pension plan that includes either a
qualified cash or deferred arrangement (as defined in section
401(k) of the Internal Revenue Code of 1986) or a salary
reduction agreement (as described in section 403(b) of such
Code) shall not require, as a condition of participation in
the arrangement or agreement, that an employee complete a
period of service with the employer (or employers)
maintaining the plan extending beyond the close of the
earlier of--
``(A) the period permitted under subsection (a)(1)
(determined without regard to subparagraph (B)(i) thereof);
or
``(B) the first 24-month period--
``(i) consisting of 2 consecutive 12-month periods during
each of which the employee has at least 500 hours of service;
and
``(ii) by the close of which the employee has met the
requirement of subsection (a)(1)(A)(i).
``(2) Exception.--Paragraph (1)(B) shall not apply to any
employee described in section 410(b)(3) of the Internal
Revenue Code of 1986.
``(3) Coordination with time of participation rules.--In
the case of employees who are eligible to participate in the
arrangement or agreement solely by reason of paragraph
(1)(B), or by reason of such paragraph and section
401(k)(2)(D)(ii) of such Code, the rules of subsection (a)(4)
shall apply to such employees.
``(4) 12-month period.--For purposes of this subsection,
12-month periods shall be determined in the same manner as
under the last sentence of subsection (a)(3)(A), except that
12-month periods beginning before January 1, 2023, shall not
be taken into account.''.
(2) Internal revenue code of 1986.--
(A) In general.--Section 403(b)(12) is amended by adding at
the end the following new subparagraph:
``(D) Rules relating to certain part-time employees.--
``(i) In general.--In the case of employees who are
eligible to participate in the agreement solely by reason of
section 202(c)(1)(B) of the Employee Retirement Income
Security Act of 1974--
``(I) notwithstanding section 401(a)(4), an employer shall
not be required to make nonelective or matching contributions
on behalf of such employees even if such contributions are
made on
[[Page H10306]]
behalf of other employees eligible to participate in the
plan, and
``(II) the employer may elect to exclude such employees
from the application of subsections (a)(4), (k)(3), (k)(12),
(k)(13), and (m)(2) of section 401 and section 410(b).''.
(B) Conforming amendment.--
(i) The last sentence of section 403(b)(12)(A), as amended
by this Act, is further amended by inserting ``and section
202(c) of the Employee Retirement Income Security Act of
1974'' after ``under section 410(b)(4)''.
(ii) Section 401(k)(15)(B)(i) is amended by inserting ``,
or by reason of such paragraph and section 202(c)(1)(B) of
the Employee Retirement Income Security Act of 1974'' after
``paragraph (2)(D)(ii)''.
(b) Vesting.--Section 203(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1053(b)) is amended by
redesignating paragraph (4) as paragraph (5) and by inserting
after paragraph (3) the following new paragraph:
``(4) Part-time employees.--For purposes of determining
whether an employee who became eligible to participate in a
qualified cash or deferred arrangement or a salary reduction
agreement under a plan solely by reason of section
202(c)(1)(B) has a nonforfeitable right to employer
contributions--
``(A) except as provided in subparagraph (B), each 12-month
period for which the employee has at least 500 hours of
service shall be treated as a year of service; and
``(B) paragraph (3) shall be applied by substituting `at
least 500 hours of service' for `more than 500 hours of
service' in subparagraph (A) thereof.
For purposes of this paragraph, 12-month periods shall be
determined in the same manner as under the last sentence of
section 202(a)(3)(A), except that 12-month periods beginning
before January 1, 2023, shall not be taken into account.''.
(c) Reduction in Period Service Requirement for Qualified
Cash and Deferred Arrangements.--Section 401(k)(2)(D)(ii) is
amended by striking ``3'' and inserting ``2''.
(d) Pre-2021 Service.--Section 112(b) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 (26
U.S.C. 401 note) is amended by striking ``section
401(k)(2)(D)(ii)'' and inserting ``paragraphs (2)(D)(ii) and
(15)(B)(iii) of section 401(k)''.
(e) Coordination With Rules for Top-heavy Plans.--
Subparagraph (H) of section 416(g)(4), as amended by this
Act, is further amended by inserting before ``If, but'' the
following: ``Such term shall not include a plan solely
because such plan does not provide nonelective or matching
contributions to employees described in section
401(k)(15)(B)(i).''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to plan years
beginning after December 31, 2024.
(2) Subsection (d) and (e).--The amendments made by
subsections (d) and (e) shall take effect as if included in
the enactment of section 112 of the Setting Every Community
Up for Retirement Enhancement Act of 2019.
SEC. 126. SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG-
TERM QUALIFIED TUITION PROGRAMS TO ROTH IRAS.
(a) In General.--Paragraph (3) of section 529(c) is amended
by adding at the end the following new subparagraph:
``(E) Special rollover to roth iras from long-term
qualified tuition programs.--
``(i) In general.--In the case of a distribution from a
qualified tuition program of a designated beneficiary which
has been maintained for the 15-year period ending on the date
of such distribution, subparagraph (A) shall not apply to so
much the portion of such distribution which--
``(I) does not exceed the aggregate amount contributed to
the program (and earnings attributable thereto) before the 5-
year period ending on the date of the distribution, and
``(II) is paid in a direct trustee-to-trustee transfer to a
Roth IRA maintained for the benefit of such designated
beneficiary.
``(ii) Limitations.--
``(I) Annual limitation.--Clause (i) shall only apply to so
much of any distribution as does not exceed the amount
applicable to the designated beneficiary under section
408A(c)(2) for the taxable year (reduced by the amount of
aggregate contributions made during the taxable year to all
individual retirement plans maintained for the benefit of the
designated beneficiary).
``(II) Aggregate limitation.--This subparagraph shall not
apply to any distribution described in clause (i) to the
extent that the aggregate amount of such distributions with
respect to the designated beneficiary for such taxable year
and all prior taxable years exceeds $35,000.''.
(b) Treatment Under Roth IRA Rules.--
(1) In general.--Paragraph (1) of section 408A(e) is
amended--
(A) by striking the period at the end of subparagraph (B)
and inserting ``, and'',
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) from a qualified tuition program to the extent
provided in section 529(c)(3)(E).'', and
(C) by adding at the end the following new sentence: ``The
earnings and contributions of any qualified tuition program
from which a qualified rollover contribution is made under
subparagraph (C) shall be treated in the same manner as the
earnings and contributions of a Roth IRA from which a
qualified rollover contribution is made under subparagraph
(A).''.
(2) Application of contribution limitations.--
(A) In general.--Section 408A(c)(5)(B) is amended--
(i) by striking ``A qualified rollover contribution'' and
inserting the following:
``(i) In general.--A qualified rollover contribution'', and
(ii) by adding at the end the following:
``(ii) Exception for rollovers from qualified tuition
programs.--Clause (i) shall not apply to any qualified
rollover contribution described in subsection (e)(1)(C).''.
(B) Waiver of roth ira income limitation.--Section
408A(c)(3) is amended by adding at the end the following new
subparagraph:
``(E) Special rule for certain transfers from qualified
tuition programs.--The amount determined under subparagraph
(A) shall be increased by the lesser of--
``(i) the amount of contributions described in section
529(c)(3)(E) for the taxable year, or
``(ii) the amount of the reduction determined under such
subparagraph (determined without regard to this
subparagraph).''.
(c) Reporting.--Section 529(d) is amended--
(1) by striking ``Each officer'' and inserting the
following:
``(1) In general.--Each officer'',
(2) by striking ``by this subsection'' and inserting ``by
this paragraph'', and
(3) by adding at the end the following new paragraph:
``(2) Rollover distributions.--In the case of any
distribution described in subsection (c)(3)(E), the officer
or employee having control of the qualified tuition program
(or their designee) shall provide a report to the trustee of
the Roth IRA to which the distribution is made. Such report
shall be filed at such time and in such manner as the
Secretary may require and shall include information with
respect to the contributions, distributions, and earnings of
the qualified tuition program as of the date of the
distribution described in subsection (c)(3)(A), together with
such other matters as the Secretary may require.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to distributions after December 31,
2023.
SEC. 127. EMERGENCY SAVINGS ACCOUNTS LINKED TO INDIVIDUAL
ACCOUNT PLANS.
(a) Employee Pension Benefit Plans.--Section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002) is amended by adding at the end the following:
``(45) Pension-linked emergency savings account.--The term
`pension-linked emergency savings account' means a short-term
savings account established and maintained as part of an
individual account plan, in accordance with section 801, on
behalf of an eligible participant (as such term is defined in
section 801(b)) that--
``(A) is a designated Roth account (within the meaning of
section 402A of the Internal Revenue Code of 1986) and
accepts only participant contributions, as described in
section 801(d)(1)(A), which are designated Roth contributions
subject to the rules of section 402A(e) of such Code; and
``(B) meets the requirements of part 8 of subtitle B.''.
(b) Pension-linked Emergency Savings Accounts.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART 8--PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS
``SEC. 801. PENSION-LINKED EMERGENCY SAVINGS ACCOUNTS.
``(a) In General.--A plan sponsor of an individual account
plan may--
``(1) include in such individual account plan a pension-
linked emergency savings account meeting the requirements of
subsection (c); and
``(2)(A) offer to enroll an eligible participant in such
pension-linked emergency savings account; or
``(B) automatically enroll an eligible participant in such
account pursuant to an automatic contribution arrangement
described in paragraph (2) of subsection (c).
``(b) Eligible Participant.--
``(1) In general.--For purposes of this part, the term
`eligible participant', with regard to an individual account
plan, means an individual who--
``(A) meets any age, service, and other eligibility
requirements of the plan; and
``(B) is not a highly compensated employee.
``(2) Eligible participant who becomes a highly compensated
employee.--Notwithstanding paragraph (1)(B), an individual
who is enrolled in a pension-linked emergency savings account
and thereafter becomes a highly compensated employee may not
make further contributions to such account, but retains the
right to withdraw any account balance of such account in
accordance with subsection (c)(1)(A)(ii).
``(3) Definition.--For purposes of this subsection, the
term `highly compensated employee' has the meaning given the
term in section 414(q) of the Internal Revenue Code of 1986.
``(c) Account Requirements.--
``(1) In general.--A pension-linked emergency savings
account--
``(A) shall--
``(i) not have a minimum contribution or account balance
requirement;
``(ii) allow for withdrawal by the participant of the
account balance, in whole or in part at the discretion of the
participant, at least once per calendar month and for
distribution of such withdrawal to the participant as soon as
practicable from the date on which the participant elects to
make such withdrawal; and
``(iii) be, as selected by the plan sponsor, held as cash,
in an interest-bearing deposit account, or in an investment
product--
``(I) designed to--
``(aa) maintain over the term of the investment, the dollar
value that is equal to the amount invested in the product;
and
[[Page H10307]]
``(bb) preserve principal and provide a reasonable rate of
return, whether or not such return is guaranteed, consistent
with the need for liquidity; and
``(II) offered by a State- or federally-regulated financial
institution;
``(B) may be subject to, as permitted by the Secretary,
reasonable restrictions; and
``(C)(i) may not, for not less than the first 4 withdrawals
of funds from the account in a plan year, be subject to any
fees or charges solely on the basis of such a withdrawal; and
``(ii) may, for any subsequent withdrawal in a plan year,
be subject to reasonable fees or charges in connection with
such a withdrawal, including reasonable reimbursement fees
imposed for the incidental costs of handling of paper checks.
``(2) Establishment and termination of account.--
``(A) Establishment of account.--The pension-linked
emergency savings account feature shall be included in the
plan document of the individual account plan. Such individual
account plan shall--
``(i) separately account for contributions to the pension-
linked emergency savings account of the individual account
plan and any earnings properly allocable to the
contributions;
``(ii) maintain separate recordkeeping with respect to each
such pension-linked emergency savings account; and
``(iii) allow withdrawals from such account in accordance
with section 402A(e)(7) of the Internal Revenue Code of 1986.
``(B) Termination of account.--A plan sponsor may terminate
the pension-linked emergency savings account feature of an
individual account plan at any time.
``(d) Account Contributions.--
``(1) Limitation.--
``(A) In general.--Subject to subparagraph (B), no
contribution shall be accepted to a pension-linked emergency
savings account to the extent such contribution would cause
the portion of the account balance attributable to
participant contributions to exceed the lesser of--
``(i) $2,500; or
``(ii) an amount determined by the plan sponsor of the
pension-linked emergency savings account.
In the case of contributions made in taxable years beginning
after December 31, 2024, the Secretary shall adjust the
amount under clause (i) at the same time and in the same
manner as the adjustment made by the Secretary of the
Treasury under section 415(d) of the Internal Revenue Code of
1986, except that the base period shall be the calendar
quarter beginning July 1, 2023. Any increase under the
preceding sentence which is not a multiple of $100 shall be
rounded to the next lowest multiple of $100.
``(B) Excess contributions.--To the extent any contribution
to the pension-linked emergency savings account of a
participant for a taxable year would exceed the limitation of
subparagraph (A)--
``(i) in the case of a participant with another designated
Roth account under the individual account plan, such plan may
provide that--
``(I) the participant may elect to increase the
participant's contribution to such other account; and
``(II) in the absence of such a participant election, the
participant is deemed to have elected to increase the
participant's contributions to such other account at the rate
at which contributions were being made to the pension-linked
emergency savings account; and
``(ii) in any other case, such plan shall provide that such
excess contributions will not be accepted.
``(2) Automatic contribution arrangement.--For purposes of
this section--
``(A) In general.--An automatic contribution arrangement
described in this paragraph is an arrangement under which an
eligible participant is treated as having elected to have the
plan sponsor make elective contributions to a pension-linked
emergency savings account at a participant contribution rate
that is not more than 3 percent of the compensation of the
eligible participant, unless the eligible participant, at any
time (subject to such reasonable advance notice as is
required by the plan administrator), affirmatively elects
to--
``(i) make contributions at a different rate or amount; or
``(ii) opt out of such contributions.
``(B) Participant contribution rate.--For purposes of an
automatic contribution arrangement described in subparagraph
(A), the plan sponsor--
``(i) shall select a participant contribution rate under
such automatic contribution arrangement that meets the
requirements of subparagraph (A); and
``(ii) may amend (prior to the plan year in which an
amendment would take effect) such rate not more than once
annually.
``(3) Disclosure by plan administrator of contributions.--
``(A) In general.--With respect to an individual account
plan with a pension-linked emergency savings account feature,
the administrator of the plan shall, not less than 30 days
and not more than 90 days prior to date of the first
contribution to the pension-linked emergency savings account,
including any contribution under an automatic contribution
arrangement described in subsection (d)(2), or the date of
any adjustment to the participant contribution rate under
subsection (d)(2)(B)(ii), and not less than annually
thereafter, shall furnish to the participant a notice
describing--
``(i) the purpose of the account, which is for short-term,
emergency savings;
``(ii) the limits on, and tax treatment of, contributions
to the pension-linked emergency savings account of the
participant;
``(iii) any fees, expenses, restrictions, or charges
associated with such pension-linked emergency savings
account;
``(iv) procedures for electing to make contributions to or
opting out of the pension-linked emergency savings account,
for changing participant contribution rates for such pension-
linked emergency savings account, and for making participant
withdrawals from such pension-linked emergency savings
account, including any limits on frequency;
``(v) as applicable, the amount of the intended
contribution to such pension-linked emergency savings account
or the change in the percentage of the compensation of the
participant of such contribution;
``(vi) the amount in the emergency savings account and the
amount or percentage of compensation that a participant has
contributed to the pension-linked emergency savings account;
``(vii) the designated investment option under subsection
(c)(1)(A)(iii) for amounts contributed to the pension-linked
emergency savings account;
``(viii) the options under subsection (e) for the account
balance of the pension-linked emergency savings account after
termination of the employment of the participant or
termination by the plan sponsor of the pension-linked
emergency savings account; and
``(ix) the ability of a participant who becomes a highly
compensated employee (as such term is defined in paragraph
(3) of subsection (b)) to, as described in paragraph (2) of
such subsection, withdraw any account balance from a pension-
linked emergency savings account and the restriction on the
ability of such a participant to make further contributions
to the pension-linked emergency savings account.
``(B) Notice requirements.--A notice furnished to a
participant under subparagraph (A) shall be--
``(i) sufficiently accurate and comprehensive to apprise
the participant of the rights and obligations of the
participant with regard to the pension-linked emergency
savings account of the participant; and
``(ii) written in a manner calculated to be understood by
the average participant.
``(C) Consolidated notices.--The required notices under
subparagraph (A) may be included with any other notice under
this Act, including under section 404(c)(5)(B) or 514(e)(3),
or under section 401(k)(13)(E) or 414(w)(4) of the Internal
Revenue Code of 1986, if such other notice is provided to the
participant at the time required for such notice.
``(4) Employer matching contributions to an individual
account plan for employee contributions to a pension-linked
emergency savings account.--
``(A) In general.--If an employer makes any matching
contributions to an individual account plan of which a
pension-linked emergency savings account is part, subject to
the limitations of paragraph (1)(A), the employer shall make
matching contributions on behalf of a participant on account
of the contributions by the participant to the pension-linked
emergency savings account at the same rate as any other
matching contribution on account of an elective contribution
by such participant. The matching contributions shall be made
to the participant's account under the individual account
plan that is not the pension-linked emergency savings
account. Such matching contributions on account of
contributions under paragraph (1)(A) shall not exceed the
maximum account balance under paragraph (1)(A) for such plan
year.
``(B) Coordination rule.--For purposes of any applicable
limitation on matching contributions, any matching
contributions made under the plan shall be treated first as
attributable to the elective deferrals of the participant
other than contributions to a pension-linked emergency
savings account.
``(C) Matching contributions.--For purposes of subparagraph
(A), the term `matching contribution' has the meaning given
such term in section 401(m)(4) of the Internal Revenue Code
of 1986.
``(e) Account Balance After Termination.--Upon termination
of employment of the participant, or termination by the plan
sponsor of the pension-linked emergency savings account, the
pension-linked emergency savings account of such participant
in an individual account plan shall--
``(1) allow, at the election of the participant, for
transfer by the participant of the account balance of such
account, in whole or in part, into another designated Roth
account of the participant under the individual account plan;
and
``(2) for any amounts in such account not transferred under
paragraph (1), make such amounts available within a
reasonable time to the participant.
``(f) Anti-abuse Rules.--
``(1) In general.--A plan of which a pension-linked
emergency savings account is part--
``(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with respect to
contributions to such account, solely to the extent necessary
to prevent manipulation of the rules of the plan to cause
matching contributions to exceed the intended amounts or
frequency; and
``(B) shall not be required to suspend matching
contributions following any participant withdrawal of
contributions, including elective deferrals and employee
contributions, whether or not matched and whether or not made
pursuant to an automatic contribution arrangement described
in section 402A(e)(4) of the Internal Revenue Code of 1986.
``(2) Regulations or other guidance.--The Secretary of the
Treasury, in consultation with the Secretary of Labor, shall
issue regulations or other guidance not later than 12 months
after the date of the enactment of the SECURE 2.0 Act of 2022
with respect to the anti-abuse rules described in paragraph
(1).
[[Page H10308]]
``SEC. 802. PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.
``Notwithstanding any other provision of law, this part
shall supersede any law of a State which would directly or
indirectly prohibit or restrict the use of an automatic
contribution arrangement, described in section 801(d)(2), for
a pension-linked emergency savings account. The Secretary may
promulgate regulations to establish minimum standards that
such an arrangement would be required to satisfy in order for
this subsection to apply with respect to such an account.
``SEC. 803. REPORTING AND DISCLOSURE REQUIREMENTS.
``The Secretary shall--
``(1) prescribe such regulations as may be necessary to
address reporting and disclosure requirements for pension-
linked emergency savings accounts; and
``(2) seek to prevent unnecessary reporting and disclosure
for such accounts under this Act, including for purposes of
any reporting or disclosure related to pension plans required
by this title or under the Internal Revenue Code of 1986.
``SEC. 804. REPORT TO CONGRESS ON EMERGENCY SAVINGS ACCOUNTS.
``The Secretary of Labor and the Secretary of the Treasury
shall--
``(1) conduct a study on the use of emergency savings from
individual account plan accounts, including emergency savings
from a pension-linked emergency savings account regarding--
``(A) whether the amount of the dollar limitation under
section 801(d)(1)(A) is sufficient;
``(B) whether the limitation on the contribution rate under
section 801(d)(2)(A) is appropriate; and
``(C) the extent to which plan sponsors offer such accounts
and participants participate in such accounts and the
resulting impact on participant retirement savings, including
the impact on retirement savings leakage and the effect of
such accounts on retirement plan participation by low- and
moderate-income households; and
``(2) not later than 7 years after the date of enactment of
the SECURE 2.0 Act of 2022, submit to Congress a report on
the findings of the study under paragraph (1).''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 note) is amended by inserting after the item
relating to section 734 the following new items:
``Part 8. Pension-linked Emergency Savings Accounts
``801. Pension-linked emergency savings accounts.
``802. Preemption of State anti-garnishment laws.
``803. Reporting and disclosure requirements.
``804. Report to Congress on emergency savings accounts.''.
(c) Reporting for a Pension-linked Emergency Savings
Account.--
(1) Alternative methods of compliance.--Section 110(a) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1030(a)) is amended by inserting ``(including pension-
linked emergency savings account features within a pension
plan)'' after ``class of pension plans''.
(2) Minimized reporting burden for pension-linked emergency
savings accounts.--Section 101 of such Act (29 U.S.C. 1021)
is amended--
(A) by redesignating subsection (n) as subsection (o); and
(B) by inserting after subsection (m) the following:
``(n) Pension-linked Emergency Savings Accounts.--Nothing
in this section shall preclude the Secretary from providing,
by regulations or otherwise, simplified reporting procedures
or requirements regarding such a pension-linked emergency
savings account.''.
(d) Fiduciary Duty.--Section 404(c) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1104(c)) is
amended by adding at the end the following:
``(6) Default investment arrangements for a pension-linked
emergency savings account.--For purposes of paragraph (1), a
participant in a pension-linked emergency savings account
shall be treated as exercising control over the assets in the
account with respect to the amount of contributions and
earnings which are invested in accordance with section
801(c)(1)(A)(iii).''.
(e) Tax Treatment of Pension-linked Emergency Savings
Accounts.--
(1) In general.--Section 402A is amended by redesignating
subsection (e) as subsection (f) and by inserting after
subsection (d) the following new subsection:
``(e) Pension-linked Emergency Savings Accounts.--
``(1) In general.--An applicable retirement plan--
``(A) may--
``(i) include a pension-linked emergency savings account
established pursuant to section 801 of the Employee
Retirement Income Security Act of 1974, which, except as
otherwise provided in this subsection, shall be treated for
purposes of this title as a designated Roth account, and
``(ii) either--
``(I) offer to enroll an eligible participant in such
pension-linked emergency savings account, or
``(II) automatically enroll an eligible participant in such
account pursuant to an automatic contribution arrangement
described in paragraph (4), and
``(B) shall--
``(i) separately account for contributions to such account
and any earnings properly allocable to the contributions,
``(ii) maintain separate recordkeeping with respect to each
such account, and
``(iii) allow withdrawals from such account in accordance
with paragraph (7).
``(2) Eligible participant.--
``(A) In general.--For purposes of this subsection, the
term `eligible participant', with regard to a defined
contribution plan, means an individual, without regard to
whether the individual is otherwise a participant in such
plan, who--
``(i) meets any age, service, and other eligibility
requirements of the plan, and
``(ii) is not a highly compensated employee (as defined in
section 414(q)).
``(B) Eligible participant who becomes a highly compensated
employee.--Notwithstanding subparagraph (A)(ii), an
individual on whose behalf a pension-linked emergency savings
account is established who thereafter becomes a highly
compensated employee (as so defined) may not make further
contributions to such account, but retains the right to
withdraw any account balance of such account in accordance
with paragraphs (7) and (8).
``(3) Contribution limitation.--
``(A) In general.--Subject to subparagraph (B), no
contribution shall be accepted to a pension-linked emergency
savings account to the extent such contribution would cause
the portion of the account balance attributable to
participant contributions to exceed the lesser of--
``(i) $2,500; or
``(ii) an amount determined by the plan sponsor of the
pension-linked emergency savings account.
In the case of contributions made in taxable years beginning
after December 31, 2024, the Secretary shall adjust the
amount under clause (i) at the same time and in the same
manner as the adjustment made under section 415(d), except
that the base period shall be the calendar quarter beginning
July 1, 2023. Any increase under the preceding sentence which
is not a multiple of $100 shall be rounded to the next lowest
multiple of $100.
``(B) Excess contributions.--To the extent any contribution
to the pension-linked emergency savings account of a
participant for a taxable year would exceed the limitation of
subparagraph (A)--
``(i) in the case of an eligible participant with another
designated Roth account under the defined contribution plan,
the plan may provide that--
``(I) the participant may elect to increase the
participant's contribution to such other account, and
``(II) in the absence of such a participant election, the
participant is deemed to have elected to increase the
participant's contributions to such account at the rate at
which contributions were being made to the pension-linked
emergency savings account, and
``(ii) in any other case, such plan shall provide that such
excess contributions will not be accepted.
``(4) Automatic contribution arrangement.--For purposes of
this section--
``(A) In general.--An automatic contribution arrangement
described in this paragraph is an arrangement under which an
eligible participant is treated as having elected to have the
plan sponsor make elective contributions to a pension-linked
emergency savings account at a participant contribution rate
that is not more than 3 percent of the compensation of the
eligible participant, unless the eligible participant, at any
time (subject to such reasonable advance notice as is
required by the plan administrator), affirmatively elects
to--
``(i) make contributions at a different rate, or
``(ii) opt out of such contributions.
``(B) Participant contribution rate.--For purposes of an
automatic contribution arrangement described in subparagraph
(A), the plan sponsor--
``(i) shall select a participant contribution rate under
such automatic contribution arrangement which meets the
requirements of subparagraph (A), and
``(ii) may amend such rate (prior to the plan year for
which such amendment would take effect) not more than once
annually.
``(5) Disclosure by plan sponsor.--
``(A) In general.--With respect to a defined contribution
plan which includes a pension-linked emergency savings
account, the administrator of the plan shall, not less than
30 days and not more than 90 days prior to the date of the
first contribution to the pension-linked emergency savings
account, including any contribution under an automatic
contribution arrangement described in section 801(d)(2) of
the Employee Retirement Income Security Act of 1974, or the
date of any adjustment to the participant contribution rate
under section 801(d)(2)(B)(ii) of such Act, and not less than
annually thereafter, shall furnish to the participant a
notice describing--
``(i) the purpose of the account, which is for short-term,
emergency savings;
``(ii) the limits on, and tax treatment of, contributions
to the pension-linked emergency savings account of the
participant;
``(iii) any fees, expenses, restrictions, or charges
associated with such pension-linked emergency savings
account;
``(iv) procedures for electing to make contributions or
opting out of the pension-linked emergency savings account,
changing participant contribution rates for such account, and
making participant withdrawals from such pension-linked
emergency savings account, including any limits on frequency;
``(v) the amount of the intended contribution or the change
in the percentage of the compensation of the participant of
such contribution, if applicable;
``(vi) the amount in the pension-linked emergency savings
account and the amount or percentage of compensation that a
participant has contributed to such account;
``(vii) the designated investment option under section
801(c)(1)(A)(iii) of the Employee Retirement Income Security
Act of 1974 for amounts
[[Page H10309]]
contributed to the pension-linked emergency savings account;
``(viii) the options under section 801(e) of such Act for
the account balance of the pension-linked emergency savings
account after termination of the employment of the
participant; and
``(ix) the ability of a participant who becomes a highly
compensated employee (as such term is defined in section
414(q)) to, as described in section 801(b)(2) of the Employee
Retirement Income Security Act of 1974, withdraw any account
balance from a pension-linked emergency savings account and
the restriction on the ability of such a participant to make
further contributions to the pension-linked emergency savings
account.
``(B) Notice requirements.--A notice furnished to a
participant under subparagraph (A) shall be--
``(i) sufficiently accurate and comprehensive to apprise
the participant of the rights and obligations of the
participant with regard to the pension-linked emergency
savings account of the participant; and
``(ii) written in a manner calculated to be understood by
the average participant.
``(C) Consolidated notices.--The required notices under
subparagraph (A) may be included with any other notice under
the Employee Retirement Income Security Act of 1974,
including under section 404(c)(5)(B) or 514(e)(3) of such
Act, or under section 401(k)(13)(E) or 414(w)(4), if such
other notice is provided to the participant at the time
required for such notice.
``(6) Employer matching contributions to a defined
contribution plan for employee contributions to a pension-
linked emergency savings account.--
``(A) In general.--If an employer makes any matching
contributions to a defined contribution plan of which a
pension-linked emergency savings account is part, subject to
the limitations of paragraph (3), the employer shall make
matching contributions on behalf of an eligible participant
on account of the participant's contributions to the pension-
linked emergency savings account at the same rate as any
other matching contribution on account of an elective
contribution by such participant. The matching contributions
shall be made to the participant's account under the defined
contribution plan which is not the pension-linked emergency
savings account. Such matching contributions on account of
contributions to the pension-linked emergency savings account
shall not exceed the maximum account balance under paragraph
(3)(A) for such plan year.
``(B) Coordination rule.--For purposes of any applicable
limitation on matching contributions, any matching
contributions made under the plan shall be treated first as
attributable to the elective deferrals of the participant
other than contributions to a pension-linked emergency
savings account.
``(C) Matching contributions.--For purposes of subparagraph
(A), the term `matching contribution' has the meaning given
such term in section 401(m)(4).
``(7) Distributions.--
``(A) In general.--A pension-linked emergency savings
account shall allow for withdrawal by the participant on
whose behalf the account is established of the account
balance, in whole or in part at the discretion of the
participant, at least once per calendar month and for
distribution of such withdrawal to the participant as soon as
practicable after the date on which the participant elects to
make such withdrawal.
``(B) Treatment of distributions.--Any distribution from a
pension-linked emergency savings account in accordance with
subparagraph (A)--
``(i) shall be treated as a qualified distribution for
purposes of subsection (d), and
``(ii) shall be treated as meeting the requirements of
sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A).
``(8) Account balance after termination.--
``(A) In general.--Upon termination of employment of the
participant, or termination by the plan sponsor of the
pension-linked emergency savings account, the pension-linked
emergency savings account of such participant in a defined
contribution plan shall--
``(i) allow, at the election of the participant, for
transfer by the participant of the account balance of such
account, in whole or in part, into another designated Roth
account of the participant under the defined contribution
plan; and
``(ii) for any amounts in such account not transferred
under paragraph (1), make such amounts available within a
reasonable time to the participant.
``(B) Prohibition of certain transfers.--No amounts shall
be transferred by the participant from another account of the
participant under any plan of the employer into the pension-
linked emergency savings account of the participant.
``(C) Coordination with section 72.--Subparagraph (F) of
section 408A(d)(3) shall not apply (including by reason of
subsection (c)(4)(D) of this section) to any rollover
contribution of amounts in a pension-linked emergency savings
account under subparagraph (A).
``(9) Coordination with distribution of excess deferrals.--
If any excess deferrals are distributed under section
402(g)(2)(A) to a participant, such amounts shall be
distributed first from any pension-linked emergency savings
account of the participant to the extent contributions were
made to such account for the taxable year.
``(10) Treatment of account balances.--
``(A) In general.--Except as provided in subparagraph (B),
a distribution from a pension-linked emergency savings
account shall not be treated as an eligible rollover
distribution for purposes of sections 401(a)(31), 402(f), and
3405.
``(B) Termination.--In the case of termination of
employment of the participant, or termination by the plan
sponsor of the pension-linked emergency savings account,
except for purposes of 401(a)(31)(B), a distribution from a
pension-linked emergency savings account which is contributed
as provided in paragraph (8)(A)(i) shall be treated as an
eligible rollover distribution.
``(11) Exception to plan amendment rules.--Notwithstanding
section 411(d)(6), a plan which includes a pension-linked
emergency savings account may cease to offer such accounts at
any time.
``(12) Anti-abuse rules.--A plan of which a pension-linked
emergency savings account is part--
``(A) may employ reasonable procedures to limit the
frequency or amount of matching contributions with respect to
contributions to such account, solely to the extent necessary
to prevent manipulation of the rules of the plan to cause
matching contributions to exceed the intended amounts or
frequency, and
``(B) shall not be required to suspend matching
contributions following any participant withdrawal of
contributions, including elective deferrals and employee
contributions, whether or not matched and whether or not made
pursuant to an automatic contribution arrangement described
in paragraph (4).
The Secretary, in consultation with the Secretary of Labor,
shall issue regulations or other guidance not later than 12
months after the date of the enactment of the SECURE 2.0 Act
of 2022 with respect to the anti-abuse rules described in the
preceding sentence.''.
(2) Treatment for purposes of additional tax on early
distributions.--Section 72(t)(2), as amended by the preceding
provisions of this Act, is further amended by adding at the
end the following new subparagraph:
``(J) Distributions from pension-linked emergency savings
account.--Distributions from a pension-linked emergency
savings account pursuant to section 402A(e).''.
(3) Basis recovery.--Section 72(d) is amended by adding at
the end the following new paragraph:
``(3) Treatment of contributions to a pension-linked
emergency savings account.--For purposes of this section,
contributions to a pension-linked emergency savings account
to which section 402A(e) applies (and any income allocable
thereto) may be treated as a separate contract.''.
(f) Regulatory Authority.--The Secretary of Labor and the
Secretary of the Treasury (or a delegate of either such
Secretary) shall have authority to issue regulations or other
guidance, and to coordinate in developing regulations or
other guidance, to carry out the purposes of this Act,
including--
(1) adjustment of the limitation under section 801(d)(1) of
the Employee Retirement Income Security Act of 1974 and
section 402A(e)(3) of the Internal Revenue Code of 1986, as
added by this Act, to account for inflation;
(2) expansion of corrections programs, if necessary;
(3) model plan language and notices relating to pension-
linked emergency savings accounts; and
(4) with regard to interactions with section 401(k)(13) of
the Internal Revenue Code of 1986.
(g) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 128. ENHANCEMENT OF 403(B) PLANS.
(a) In General.--Subparagraph (A) of section 403(b)(7) is
amended by striking ``if the amounts are to be invested in
regulated investment company stock to be held in that
custodial account'' and inserting ``if the amounts are to be
held in that custodial account and are invested in regulated
investment company stock or a group trust intended to satisfy
the requirements of Internal Revenue Service Revenue Ruling
81-100 (or any successor guidance)''.
(b) Conforming Amendment.--The heading of paragraph (7) of
section 403(b) is amended by striking ``for regulated
investment company stock''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts invested after the date of the
enactment of this Act.
TITLE II--PRESERVATION OF INCOME
SEC. 201. REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR
LIFE ANNUITIES.
(a) In General.--Section 401(a)(9) is amended by adding at
the end the following new subparagraph:
``(J) Certain increases in payments under a commercial
annuity.--Nothing in this section shall prohibit a commercial
annuity (within the meaning of section 3405(e)(6)) that is
issued in connection with any eligible retirement plan
(within the meaning of section 402(c)(8)(B), other than a
defined benefit plan) from providing one or more of the
following types of payments on or after the annuity starting
date:
``(i) annuity payments that increase by a constant
percentage, applied not less frequently than annually, at a
rate that is less than 5 percent per year,
``(ii) a lump sum payment that--
``(I) results in a shortening of the payment period with
respect to an annuity or a full or partial commutation of the
future annuity payments, provided that such lump sum is
determined using reasonable actuarial methods and
assumptions, as determined in good faith by the issuer of the
contract, or
``(II) accelerates the receipt of annuity payments that are
scheduled to be received within the ensuing 12 months,
regardless of whether such acceleration shortens the payment
period with respect to the annuity, reduces the dollar amount
of benefits to be paid under the contract, or results in a
suspension of annuity payments during the period being
accelerated,
``(iii) an amount which is in the nature of a dividend or
similar distribution, provided that
[[Page H10310]]
the issuer of the contract determines such amount using
reasonable actuarial methods and assumptions, as determined
in good faith by the issuer of the contract, when calculating
the initial annuity payments and the issuer's experience with
respect to those factors, or
``(iv) a final payment upon death that does not exceed the
excess of the total amount of the consideration paid for the
annuity payments, less the aggregate amount of prior
distributions or payments from or under the contract.''.
(b) Effective Date.--This section shall apply to calendar
years ending after the date of the enactment of this Act.
SEC. 202. QUALIFYING LONGEVITY ANNUITY CONTRACTS.
(a) In General.--Not later than the date which is 18 months
after the date of the enactment of this Act, the Secretary of
the Treasury (or the Secretary's delegate) shall amend the
regulation issued by the Department of the Treasury relating
to ``Longevity Annuity Contracts'' (79 Fed. Reg. 37633 (July
2, 2014)), as follows:
(1) Repeal 25-percent premium limit.--The Secretary (or
delegate) shall amend Q&A-17(b)(3) of Treas. Reg. section
1.401(a)(9)-6 and Q&A-12(b)(3) of Treas. Reg. section 1.408-8
to eliminate the requirement that premiums for qualifying
longevity annuity contracts be limited to 25 percent of an
individual's account balance, and to make such corresponding
changes to the regulations and related forms as are necessary
to reflect the elimination of this requirement.
(2) Increase dollar limitation.--
(A) In general.--The Secretary (or delegate) shall amend
Q&A-17(b)(2)(i) of Treas. Reg. section 1.401(a)(9)-6 and Q&A-
12(b)(2)(i) of Treas. Reg. section 1.408-8 to increase the
dollar limitation on premiums for qualifying longevity
annuity contracts from $125,000 to $200,000, and to make such
corresponding changes to the regulations and related forms as
are necessary to reflect this increase in the dollar
limitation.
(B) Adjustments for inflation.--The Secretary (or delegate)
shall amend Q&A-17(d)(2)(i) of Treas. Reg. section
1.401(a)(9)-6 to provide that, in the case of calendar years
beginning on or after January 1 of the second year following
the year of enactment of this Act, the $200,000 dollar
limitation (as increased by subparagraph (A)) will be
adjusted at the same time and in the same manner as the
limits are adjusted under section 415(d) of the Internal
Revenue Code of 1986, except that the base period shall be
the calendar quarter beginning July 1 of the year of
enactment of this Act, and any increase to such dollar
limitation which is not a multiple of $10,000 will be rounded
to the next lowest multiple of $10,000.
(3) Facilitate joint and survivor benefits.--The Secretary
(or delegate) shall amend Q&A-17(c) of Treas. Reg. section
1.401(a)(9)-6, and make such corresponding changes to the
regulations and related forms as are necessary, to provide
that, in the case of a qualifying longevity annuity contract
which was purchased with joint and survivor annuity benefits
for the individual and the individual's spouse which were
permissible under the regulations at the time the contract
was originally purchased, a divorce occurring after the
original purchase and before the annuity payments commence
under the contract will not affect the permissibility of the
joint and survivor annuity benefits or other benefits under
the contract, or require any adjustment to the amount or
duration of benefits payable under the contract, provided
that any qualified domestic relations order (within the
meaning of section 414(p) of the Internal Revenue Code of
1986) or, in the case of an arrangement not subject to
section 414(p) of such Code or section 206(d) of the Employee
Retirement Income Security Act of 1974, any divorce or
separation instrument (as defined in subsection (b))--
(A) provides that the former spouse is entitled to the
survivor benefits under the contract;
(B) provides that the former spouse is treated as a
surviving spouse for purposes of the contract;
(C) does not modify the treatment of the former spouse as
the beneficiary under the contract who is entitled to the
survivor benefits; or
(D) does not modify the treatment of the former spouse as
the measuring life for the survivor benefits under the
contract.
(4) Permit short free look period.--The Secretary (or
delegate) shall amend Q&A-17(a)(4) of Treas. Reg. section
1.401(a)(9)-6 to ensure that such Q&A does not preclude a
contract from including a provision under which an employee
may rescind the purchase of the contract within a period not
exceeding 90 days from the date of purchase.
(b) Divorce or Separation Instrument.--For purposes of
subsection (a)(3), the term ``divorce or separation
instrument'' means--
(1) a decree of divorce or separate maintenance or a
written instrument incident to such a decree;
(2) a written separation agreement; or
(3) a decree (not described in paragraph (1)) requiring a
spouse to make payments for the support or maintenance of the
other spouse.
(c) Effective Dates, Enforcement, and Interpretations.--
(1) Effective dates.--
(A) Paragraphs (1) and (2) of subsection (a) shall be
effective with respect to contracts purchased or received in
an exchange on or after the date of the enactment of this
Act.
(B) Paragraphs (3) and (4) of subsection (a) shall be
effective with respect to contracts purchased or received in
an exchange on or after July 2, 2014.
(2) Enforcement and interpretations.--Prior to the date on
which the Secretary of the Treasury issues final regulations
pursuant to subsection (a)--
(A) the Secretary (or delegate) shall administer and
enforce the law in accordance with subsection (a) and the
effective dates in paragraph (1) of this subsection; and
(B) taxpayers may rely upon their reasonable good faith
interpretations of subsection (a).
(d) Regulatory Successor Provision.--Any reference to a
regulation under this section shall be treated as including a
reference to any successor regulation thereto.
SEC. 203. INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.
(a) In General.--Not later than the date which is 7 years
after the date of the enactment of this Act, the Secretary of
the Treasury (or the Secretary's delegate) shall amend the
regulation issued by the Department of the Treasury relating
to ``Income Tax; Diversification Requirements for Variable
Annuity, Endowment, and Life Insurance Contracts'', 54 Fed.
Reg. 8728 (March 2, 1989), and make any necessary
corresponding amendments to other regulations, in order to
facilitate the use of exchange-traded funds as investment
options under variable contracts within the meaning of
section 817(d) of the Internal Revenue Code of 1986, in
accordance with subsections (b) and (c) of this section.
(b) Designate Certain Authorized Participants and Market
Makers as Eligible Investors.--The Secretary of the Treasury
(or the Secretary's delegate) shall amend Treas. Reg. section
1.817-5(f)(3) to provide that satisfaction of the
requirements in Treas. Reg. section 1.817-5(f)(2)(i) with
respect to an exchange-traded fund shall not be prevented by
reason of beneficial interests in such a fund being held by 1
or more authorized participants or market makers.
(c) Define Relevant Terms.--In amending Treas. Reg. section
1.817-5(f)(3) in accordance with subsection (b), the
Secretary of the Treasury (or the Secretary's delegate) shall
provide definitions consistent with the following:
(1) Exchange-traded fund.--The term ``exchange-traded
fund'' means a regulated investment company, partnership, or
trust--
(A) that is registered with the Securities and Exchange
Commission as an open-end investment company or a unit
investment trust;
(B) the shares of which can be purchased or redeemed
directly from the fund only by an authorized participant; and
(C) the shares of which are traded throughout the day on a
national stock exchange at market prices that may or may not
be the same as the net asset value of the shares.
(2) Authorized participant.--The term ``authorized
participant'' means a financial institution that is a member
or participant of a clearing agency registered under section
17A(b) of the Securities Exchange Act of 1934 that enters
into a contractual relationship with an exchange-traded fund
pursuant to which the financial institution is permitted to
purchase and redeem shares directly from the fund and to sell
such shares to third parties, but only if the contractual
arrangement or applicable law precludes the financial
institution from--
(A) purchasing the shares for its own investment purposes
rather than for the exclusive purpose of creating and
redeeming such shares on behalf of third parties; and
(B) selling the shares to third parties who are not market
makers or otherwise described in Treas. Reg. section 1.817-
5(f) (1) and (3).
(3) Market maker.--The term ``market maker'' means a
financial institution that is a registered broker or dealer
under section 15(b) of the Securities Exchange Act of 1934
that maintains liquidity for an exchange-traded fund on a
national stock exchange by being always ready to buy and sell
shares of such fund on the market, but only if the financial
institution is contractually or legally precluded from
selling or buying such shares to or from persons who are not
authorized participants or otherwise described in Treas. Reg.
section 1.817-5(f) (2) and (3).
(d) Effective Date.--This section shall apply to segregated
asset account investments made on or after the date which is
7 years after the date of the enactment of this Act.
SEC. 204. ELIMINATING A PENALTY ON PARTIAL ANNUITIZATION.
(a) Eliminating a Penalty on Partial Annuitization.--The
Secretary of the Treasury (or the Secretary's delegate) shall
amend the regulations under section 401(a)(9) of the Internal
Revenue Code of 1986 to provide that if an employee's benefit
is in the form of an individual account under a defined
contribution plan, the plan may allow the employee to elect
to have the amount required to be distributed from such
account under such section for a year to be calculated as the
excess of the total required amount for such year over the
annuity amount for such year.
(b) Definitions.--For purposes of this section--
(1) Total required amount.--The term ``total required
amount'', with respect to a year, means the amount which
would be required to be distributed under Treas. Reg. section
1.401(a)(9)-5 (or any successor regulation) for the year,
determined by treating the account balance as of the last
valuation date in the immediately preceding calendar year as
including the value on that date of all annuity contracts
which were purchased with a portion of the account and from
which payments are made in accordance with Treas. Reg.
section 1.401(a)(9)-6.
(2) Annuity amount.--The term ``annuity amount'', with
respect to a year, is the total amount distributed in the
year from all annuity contracts described in paragraph (1).
(c) Conforming Regulatory Amendments.--The Secretary of the
Treasury (or the Secretary's delegate) shall amend the
regulations under sections 403(b)(10), 408(a)(6), 408(b)(3),
and 457(d)(2) of the Internal Revenue Code of 1986 to conform
to the amendments described in subsection (a). Such
conforming amendments shall treat all individual retirement
plans (as defined in section 7701(a)(37) of such Code) which
an individual holds as the owner, or which an individual
holds as a beneficiary of the same decedent, as one such plan
for purposes of the amendments described in subsection
[[Page H10311]]
(a). Such conforming amendments shall also treat all
contracts described in section 403(b) of such Code which an
individual holds as an employee, or which an individual holds
as a beneficiary of the same decedent, as one such contract
for such purposes.
(d) Effective Date.--The modifications and amendments
required under subsections (a) and (c) shall be deemed to
have been made as of the date of the enactment of this Act,
and as of such date--
(1) all applicable laws shall be applied in all respects as
though the actions which the Secretary of the Treasury (or
the Secretary's delegate) is required to take under such
subsections had been taken, and
(2) until such time as such actions are taken, taxpayers
may rely upon their reasonable good faith interpretations of
this section.
TITLE III--SIMPLIFICATION AND CLARIFICATION OF RETIREMENT PLAN RULES
SEC. 301. RECOVERY OF RETIREMENT PLAN OVERPAYMENTS.
(a) Overpayments Under ERISA.--Section 206 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056) is
amended by adding at the end the following new subsection:
``(h) Special Rules Applicable to Benefit Overpayments.--
``(1) General rule.--In the case of an inadvertent benefit
overpayment by any pension plan, the responsible plan
fiduciary shall not be considered to have failed to comply
with the requirements of this title merely because such
fiduciary determines, in the exercise of its discretion, not
to seek recovery of all or part of such overpayment from--
``(A) any participant or beneficiary,
``(B) any plan sponsor of, or contributing employer to--
``(i) an individual account plan, provided that the amount
needed to prevent or restore any impermissible forfeiture
from any participant's or beneficiary's account arising in
connection with the overpayment is, separately from and
independently of the overpayment, allocated to such account
pursuant to the nonforfeitability requirements of section 203
(for example, out of the plan's forfeiture account,
additional employer contributions, or recoveries from those
responsible for the overpayment), or
``(ii) a defined benefit pension plan subject to the
funding rules in part 3 of this subtitle B, unless the
responsible plan fiduciary determines, in the exercise of its
fiduciary discretion, that failure to recover all or part of
the overpayment faster than required under such funding rules
would materially affect the plan's ability to pay benefits
due to other participants and beneficiaries, or
``(C) any fiduciary of the plan, other than a fiduciary
(including a plan sponsor or contributing employer acting in
a fiduciary capacity) whose breach of its fiduciary duties
resulted in such overpayment, provided that if the plan has
established prudent procedures to prevent and minimize
overpayment of benefits and the relevant plan fiduciaries
have followed such procedures, an inadvertent benefit
overpayment will not give rise to a breach of fiduciary duty.
``(2) Reduction in future benefit payments and recovery
from responsible party.--Paragraph (1) shall not fail to
apply with respect to any inadvertent benefit overpayment
merely because, after discovering such overpayment, the
responsible plan fiduciary--
``(A) reduces future benefit payments to the correct amount
provided for under the terms of the plan, or
``(B) seeks recovery from the person or persons responsible
for the overpayment.
``(3) Employer funding obligations.--Nothing in this
subsection shall relieve an employer of any obligation
imposed on it to make contributions to a plan to meet the
minimum funding standards under part 3 of this subtitle B or
to prevent or restore an impermissible forfeiture in
accordance with section 203.
``(4) Recoupment from participants and beneficiaries.--If
the responsible plan fiduciary, in the exercise of its
fiduciary discretion, decides to seek recoupment from a
participant or beneficiary of all or part of an inadvertent
benefit overpayment made by the plan to such participant or
beneficiary, it may do so, subject to the following
conditions:
``(A) No interest or other additional amounts (such as
collection costs or fees) are sought on overpaid amounts for
any period.
``(B) If the plan seeks to recoup past overpayments of a
non-decreasing annuity by reducing future benefit payments--
``(i) the reduction ceases after the plan has recovered the
full dollar amount of the overpayment,
``(ii) the amount recouped each calendar year does not
exceed 10 percent of the full dollar amount of the
overpayment, and
``(iii) future benefit payments are not reduced to below 90
percent of the periodic amount otherwise payable under the
terms of the plan.
Alternatively, if the plan seeks to recoup past overpayments
of a non-decreasing annuity through one or more installment
payments, the sum of such installment payments in any
calendar year does not exceed the sum of the reductions that
would be permitted in such year under the preceding sentence.
``(C) If the plan seeks to recoup past overpayments of a
benefit other than a non-decreasing annuity, the plan
satisfies requirements developed by the Secretary of Labor
for purposes of this subparagraph.
``(D) Efforts to recoup overpayments are--
``(i) not accompanied by threats of litigation, unless the
responsible plan fiduciary makes a determination that there
is a reasonable likelihood of success to recover an amount
greater than the cost of recovery, and
``(ii) not made through a collection agency or similar
third party, unless the participant or beneficiary ignores or
rejects efforts to recoup the overpayment following either a
final judgment in Federal or State court or a settlement
between the participant or beneficiary and the plan, in
either case authorizing such recoupment.
``(E) Recoupment of past overpayments to a participant is
not sought from any beneficiary of the participant, including
a spouse, surviving spouse, former spouse, or other
beneficiary.
``(F) Recoupment may not be sought if the first overpayment
occurred more than 3 years before the participant or
beneficiary is first notified in writing of the error, except
in the case of fraud or misrepresentation by the participant.
``(G) A participant or beneficiary from whom recoupment is
sought is entitled to contest all or part of the recoupment
pursuant to the claims procedures of the plan that made the
overpayment to the extent such procedures are consistent with
section 503 of this title and in the case of an inadvertent
benefit overpayment from a plan to which paragraph (1)
applies that is transferred to an eligible retirement plan
(as defined in section 402(c)(8)(B) of the Internal Revenue
Code of 1986) by or on behalf of a participant or
beneficiary--
``(i) such plan shall notify the plan receiving the
rollover of such dispute,
``(ii) the plan receiving the rollover shall retain such
overpayment on behalf of the participant or beneficiary (and
shall be entitled to treat such overpayment as plan assets)
pending the outcome of such procedures, and
``(iii) the portion of such overpayment with respect to
which recoupment is sought on behalf of the plan shall be
permitted to be returned to such plan if it is determined to
be an overpayment (and the plans making and receiving such
transfer shall be treated as permitting such transfer).
``(H) In determining the amount of recoupment to seek, the
responsible plan fiduciary may take into account the hardship
that recoupment likely would impose on the participant or
beneficiary.
``(5) Effect of culpability.--Subparagraphs (A) through (F)
of paragraph (4) shall not apply to protect a participant or
beneficiary who is culpable. For purposes of this paragraph,
a participant or beneficiary is culpable if the individual
bears responsibility for the overpayment (such as through
misrepresentations or omissions that led to the overpayment),
or if the individual knew that the benefit payment or
payments were materially in excess of the correct amount.
Notwithstanding the preceding sentence, an individual is not
culpable merely because the individual believed the benefit
payment or payments were or might be in excess of the correct
amount, if the individual raised that question with an
authorized plan representative and was told the payment or
payments were not in excess of the correct amount.''.
(b) Overpayments Under Internal Revenue Code of 1986.--
(1) Qualification requirements.--Section 414 is amended by
adding at the end the following new subsection:
``(aa) Special Rules Applicable to Benefit Overpayments.--
``(1) In general.--A plan shall not fail to be treated as
described in clause (i), (ii), (iii), or (iv) of section
219(g)(5)(A) (and shall not fail to be treated as satisfying
the requirements of section 401(a) or 403) merely because--
``(A) the plan fails to obtain payment from any
participant, beneficiary, employer, plan sponsor, fiduciary,
or other party on account of any inadvertent benefit
overpayment made by the plan, or
``(B) the plan sponsor amends the plan to increase past, or
decrease future, benefit payments to affected participants
and beneficiaries in order to adjust for prior inadvertent
benefit overpayments.
``(2) Reduction in future benefit payments and recovery
from responsible party.--Paragraph (1) shall not fail to
apply to a plan merely because, after discovering a benefit
overpayment, such plan--
``(A) reduces future benefit payments to the correct amount
provided for under the terms of the plan, or
``(B) seeks recovery from the person or persons responsible
for such overpayment.
``(3) Employer funding obligations.--Nothing in this
subsection shall relieve an employer of any obligation
imposed on it to make contributions to a plan to meet the
minimum funding standards under sections 412 and 430 or to
prevent or restore an impermissible forfeiture in accordance
with section 411.
``(4) Observance of benefit limitations.--Notwithstanding
paragraph (1), a plan to which paragraph (1) applies shall
observe any limitations imposed on it by section 401(a)(17)
or 415. The plan may enforce such limitations using any
method approved by the Secretary for recouping benefits
previously paid or allocations previously made in excess of
such limitations.
``(5) Coordination with other qualification requirements.--
The Secretary may issue regulations or other guidance of
general applicability specifying how benefit overpayments and
their recoupment or non-recoupment from a participant or
beneficiary shall be taken into account for purposes of
satisfying any requirement applicable to a plan to which
paragraph (1) applies.''.
(2) Rollovers.--Section 402(c) is amended by adding at the
end the following new paragraph:
``(12) In the case of an inadvertent benefit overpayment
from a plan to which section 414(aa)(1) applies that is
transferred to an eligible retirement plan by or on behalf of
a participant or beneficiary--
``(A) the portion of such overpayment with respect to which
recoupment is not sought on behalf of the plan shall be
treated as having been paid in an eligible rollover
distribution if the payment would have been an eligible
rollover distribution but for being an overpayment, and
``(B) the portion of such overpayment with respect to which
recoupment is sought on behalf
[[Page H10312]]
of the plan shall be permitted to be returned to such plan
and in such case shall be treated as an eligible rollover
distribution transferred to such plan by the participant or
beneficiary who received such overpayment (and the plans
making and receiving such transfer shall be treated as
permitting such transfer).''.
(c) Effective Date.--The amendments made by this section
shall apply as of the date of the enactment of this Act.
(d) Certain Actions Before Date of Enactment.--Plans,
fiduciaries, employers, and plan sponsors are entitled to
rely on--
(1) a reasonable good faith interpretation of then existing
administrative guidance for inadvertent benefit overpayment
recoupments and recoveries that commenced before the date of
enactment of this Act, and
(2) determinations made before the date of enactment of
this Act by the responsible plan fiduciary, in the exercise
of its fiduciary discretion, not to seek recoupment or
recovery of all or part of an inadvertent benefit
overpayment.
In the case of a benefit overpayment that occurred prior to
the date of enactment of this Act, any installment payments
by the participant or beneficiary to the plan or any
reduction in periodic benefit payments to the participant or
beneficiary, which were made in recoupment of such
overpayment and which commenced prior to such date, may
continue after such date. Nothing in this subsection shall
relieve a fiduciary from responsibility for an overpayment
that resulted from a breach of its fiduciary duties.
SEC. 302. REDUCTION IN EXCISE TAX ON CERTAIN ACCUMULATIONS IN
QUALIFIED RETIREMENT PLANS.
(a) In General.--Section 4974(a) is amended by striking
``50 percent'' and inserting ``25 percent''.
(b) Reduction in Excise Tax on Failures to Take Required
Minimum Distributions.--Section 4974 is amended by adding at
the end the following new subsection:
``(e) Reduction of Tax in Certain Cases.--
``(1) Reduction.--In the case of a taxpayer who--
``(A) receives a distribution, during the correction
window, of the amount which resulted in imposition of a tax
under subsection (a) from the same plan to which such tax
relates, and
``(B) submits a return, during the correction window,
reflecting such tax (as modified by this subsection),
the first sentence of subsection (a) shall be applied by
substituting `10 percent' for `25 percent'.
``(2) Correction window.--For purposes of this subsection,
the term `correction window' means the period of time
beginning on the date on which the tax under subsection (a)
is imposed with respect to a shortfall of distributions from
a plan described in subsection (a), and ending on the
earliest of--
``(A) the date of mailing a notice of deficiency with
respect to the tax imposed by subsection (a) under section
6212,
``(B) the date on which the tax imposed by subsection (a)
is assessed, or
``(C) the last day of the second taxable year that begins
after the end of the taxable year in which the tax under
subsection (a) is imposed.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 303. RETIREMENT SAVINGS LOST AND FOUND.
(a) In General.--Part 5 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1131 et seq.) is amended by adding at the end the following:
``SEC. 523. RETIREMENT SAVINGS LOST AND FOUND.
``(a) Establishment.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this section, the Secretary, in consultation
with the Secretary of the Treasury, shall establish an online
searchable database (to be managed by the Secretary in
accordance with this section) to be known as the `Retirement
Savings Lost and Found'. The Retirement Savings Lost and
Found shall--
``(A) allow an individual to search for information that
enables the individual to locate the administrator of any
plan described in paragraph (2) with respect to which the
individual is or was a participant or beneficiary, and
provide contact information for the administrator of any such
plan;
``(B) allow the Secretary to assist such an individual in
locating any such plan of the individual; and
``(C) allow the Secretary to make any necessary changes to
contact information on record for the administrator based on
any changes to the plan due to merger or consolidation of the
plan with any other plan, division of the plan into two or
more plans, bankruptcy, termination, change in name of the
plan, change in name or address of the administrator, or
other causes.
``(2) Plans described.--A plan described in this paragraph
is a plan to which the vesting standards of section 203
apply.
``(b) Administration.--The Retirement Savings Lost and
Found established under subsection (a) shall provide
individuals described in subsection (a)(1) only with the
ability to search for information that enables the individual
to locate the administrator and contact information for the
administrator of any plan with respect to which the
individual is or was a participant or beneficiary, sufficient
to allow the individual to locate the individual's plan in
order to make a claim for benefits owing to the individual
under the plan.
``(c) Safeguarding Participant Privacy and Security.--In
establishing the Retirement Savings Lost and Found under
subsection (a), the Secretary, in consultation with the
Secretary of the Treasury, shall take all necessary and
proper precautions to--
``(1) ensure that individuals' plan and personal
information maintained by the Retirement Savings Lost and
Found is protected; and
``(2) allow any individual to contact the Secretary to opt
out of inclusion in the Retirement Savings Lost and Found.
``(d) Definition of Administrator.--For purposes of this
section, the term `administrator' has the meaning given such
term in section 3(16)(A).
``(e) Information Collection From Plans.--Effective with
respect to plan years beginning after the second December 31
occurring after the date of the enactment of this subsection,
the administrator of a plan to which the vesting standards of
section 203 apply shall submit to the Secretary, at such time
and in such form and manner as is prescribed in regulations--
``(1) the information described in paragraphs (1) through
(4) of section 6057(b) of the Internal Revenue Code of 1986;
``(2) the information described in subparagraphs (A) and
(B) of section 6057(a)(2) of such Code;
``(3) the name and taxpayer identifying number of each
participant or former participant in the plan--
``(A) who, during the current plan year or any previous
plan year, was reported under section 6057(a)(2)(C) of such
Code, and with respect to whom the benefits described in
clause (ii) thereof were fully paid during the plan year;
``(B) with respect to whom any amount was distributed under
section 401(a)(31)(B) of such Code during the plan year; or
``(C) with respect to whom a deferred annuity contract was
distributed during the plan year; and
``(4) in the case of a participant or former participant to
whom paragraph (3) applies--
``(A) in the case of a participant described in
subparagraph (B) thereof, the name and address of the
designated trustee or issuer described in section
401(a)(31)(B)(i) of such Code and the account number of the
individual retirement plan to which the amount was
distributed; and
``(B) in the case of a participant described in
subparagraph (C) thereof, the name and address of the issuer
of such annuity contract and the contract or certificate
number.
``(f) Use of Information Collected.--The Secretary--
``(1) may use or disclose information collected under this
section only for the purpose described in subsection
(a)(1)(B), and
``(2) may disclose such information only to such employees
of the Department of Labor whose official duties relate to
the purpose described in such subsection.
``(g) Program Integrity Audit.--On an annual basis for each
of the first 5 years beginning one year after the
establishment of the database in subsection (a)(1) and every
5 years thereafter, the Inspector General of the Department
of Labor shall--
``(1) conduct an audit of the administration of the
Retirement Savings Lost and Found; and
``(2) submit a report on such audit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate and the Committee on Ways and Means and
the Committee on Education and Labor of the House of
Representatives.''.
(b) Conforming Amendment.--The table of contents for the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1001 et seq.) is amended by inserting after the item relating
to section 522 the following:
``Sec. 523. Retirement Savings Lost and Found.''.
SEC. 304. UPDATING DOLLAR LIMIT FOR MANDATORY DISTRIBUTIONS.
(a) In General.--Section 203(e)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1053(e)(1))
and sections 401(a)(31)(B)(ii) and 411(a)(11)(A) are each
amended by striking ``$5,000'' and inserting ``$7,000''.
(b) Effective Date.--The amendments made by this section
shall apply to distributions made after December 31, 2023.
SEC. 305. EXPANSION OF EMPLOYEE PLANS COMPLIANCE RESOLUTION
SYSTEM.
(a) In General.--Except as otherwise provided in the
Internal Revenue Code of 1986, regulations, or other guidance
of general applicability prescribed by the Secretary of the
Treasury or the Secretary's delegate (referred to in this
section as the ``Secretary''), any eligible inadvertent
failure to comply with the rules applicable under section
401(a), 403(a), 403(b), 408(p), or 408(k) of such Code may be
self-corrected under the Employee Plans Compliance Resolution
System (as described in Revenue Procedure 2021-30, or any
successor guidance, and hereafter in this section referred to
as the ``EPCRS''), except to the extent that (1) such failure
was identified by the Secretary prior to any actions which
demonstrate a specific commitment to implement a self-
correction with respect to such failure, or (2) the self-
correction is not completed within a reasonable period after
such failure is identified. For purposes of self-correction
of an eligible inadvertent failure, the correction period
under section 9.02 of Revenue Procedure 2021-30 (or any
successor guidance), except as otherwise provided under such
Code, regulations, or other guidance of general applicability
prescribed by the Secretary, is indefinite and has no last
day, other than with respect to failures identified by the
Secretary prior to any actions which demonstrate a specific
commitment to implement a self-correction with respect to
such failure or with respect to a self-correction that is not
completed within a reasonable period, as described in the
preceding sentence.
(b) Loan Errors.--In the case of an eligible inadvertent
failure relating to a loan from a plan to a participant--
[[Page H10313]]
(1) such failure may be self-corrected under subsection (a)
according to the rules of section 6.07 of Revenue Procedure
2021-30 (or any successor guidance), including the provisions
related to whether a deemed distribution must be reported on
Form 1099-R,
(2) the Secretary of Labor shall treat any such failure
which is so self-corrected under subsection (a) as meeting
the requirements of the Voluntary Fiduciary Correction
Program of the Department of Labor if, with respect to the
violation of the fiduciary standards of the Employee
Retirement Income Security Act of 1974, there is a similar
loan error eligible for correction under EPCRS and the loan
error is corrected in such manner, and
(3) the Secretary of Labor may impose reporting or other
procedural requirements with respect to parties that intend
to rely on the Voluntary Fiduciary Correction Program for
self-corrections described in paragraph (2).
(c) EPCRS for IRAs.--The Secretary shall expand the EPCRS
to allow custodians of individual retirement plans (as
defined in section 7701(a)(37) of the Internal Revenue Code
of 1986) to address eligible inadvertent failures with
respect to an individual retirement plan (as so defined),
including (but not limited to)--
(1) waivers of the excise tax which would otherwise apply
under section 4974 of the Internal Revenue Code of 1986, and
(2) rules permitting a nonspouse beneficiary to return
distributions to an inherited individual retirement plan
described in section 408(d)(3)(C) of the Internal Revenue
Code of 1986 in a case where, due to an inadvertent error by
a service provider, the beneficiary had reason to believe
that the distribution could be rolled over without inclusion
in income of any part of the distributed amount.
(d) Correction Methods for Eligible Inadvertent Failures.--
The Secretary shall issue guidance on correction methods that
are required to be used to correct eligible inadvertent
failures, including general principles of correction if a
specific correction method is not specified by the Secretary.
(e) Eligible Inadvertent Failure.--For purposes of this
section--
(1) In general.--Except as provided in paragraph (2), the
term ``eligible inadvertent failure'' means a failure that
occurs despite the existence of practices and procedures
which--
(A) satisfy the standards set forth in section 4.04 of
Revenue Procedure 2021-30 (or any successor guidance), or
(B) satisfy similar standards in the case of an individual
retirement plan.
(2) Exception.--The term ``eligible inadvertent failure''
shall not include any failure which is egregious, relates to
the diversion or misuse of plan assets, or is directly or
indirectly related to an abusive tax avoidance transaction.
(f) Application of Certain Requirements for Correcting
Errors.--This section shall not apply to any failure unless
the correction of such failure under this section is made in
conformity with the general principles that apply to
corrections of such failures under the Internal Revenue Code
of 1986, including regulations or other guidance issued
thereunder and including those principles and corrections set
forth in Revenue Procedure 2021-30 (or any successor
guidance).
(g) Issuance of Guidance.--The Secretary of the Treasury,
or the Secretary's delegate, shall revise Revenue Procedure
2021-30 (or any successor guidance) to take into account the
provisions of this section not later than the date which is 2
years after the date of enactment of this Act.
SEC. 306. ELIMINATE THE ``FIRST DAY OF THE MONTH''
REQUIREMENT FOR GOVERNMENTAL SECTION 457(B)
PLANS.
(a) In General.--Section 457(b)(4) is amended to read as
follows:
``(4) which provides that compensation--
``(A) in the case of an eligible employer described in
subsection (e)(1)(A), will be deferred only if an agreement
providing for such deferral has been entered into before the
compensation is currently available to the individual, and
``(B) in any other case, will be deferred for any calendar
month only if an agreement providing for such deferral has
been entered into before the beginning of such month,''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 307. ONE-TIME ELECTION FOR QUALIFIED CHARITABLE
DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE
IN QUALIFIED CHARITABLE DISTRIBUTION
LIMITATION.
(a) One-time Election for Qualified Charitable Distribution
to Split-interest Entity.--Section 408(d)(8) is amended by
adding at the end the following new subparagraph:
``(F) One-time election for qualified charitable
distribution to split-interest entity.--
``(i) In general.--A taxpayer may for a taxable year elect
under this subparagraph to treat as meeting the requirement
of subparagraph (B)(i) any distribution from an individual
retirement account which is made directly by the trustee to a
split-interest entity, but only if--
``(I) an election is not in effect under this subparagraph
for a preceding taxable year,
``(II) the aggregate amount of distributions of the
taxpayer with respect to which an election under this
subparagraph is made does not exceed $50,000, and
``(III) such distribution meets the requirements of clauses
(iii) and (iv).
``(ii) Split-interest entity.--For purposes of this
subparagraph, the term `split-interest entity' means--
``(I) a charitable remainder annuity trust (as defined in
section 664(d)(1)), but only if such trust is funded
exclusively by qualified charitable distributions,
``(II) a charitable remainder unitrust (as defined in
section 664(d)(2)), but only if such unitrust is funded
exclusively by qualified charitable distributions, or
``(III) a charitable gift annuity (as defined in section
501(m)(5)), but only if such annuity is funded exclusively by
qualified charitable distributions and commences fixed
payments of 5 percent or greater not later than 1 year from
the date of funding.
``(iii) Contributions must be otherwise deductible.--A
distribution meets the requirements of this clause only if--
``(I) in the case of a distribution to a charitable
remainder annuity trust or a charitable remainder unitrust, a
deduction for the entire value of the remainder interest in
the distribution for the benefit of a specified charitable
organization would be allowable under section 170 (determined
without regard to subsection (b) thereof and this paragraph),
and
``(II) in the case of a charitable gift annuity, a
deduction in an amount equal to the amount of the
distribution reduced by the value of the annuity described in
section 501(m)(5)(B) would be allowable under section 170
(determined without regard to subsection (b) thereof and this
paragraph).
``(iv) Limitation on income interests.--A distribution
meets the requirements of this clause only if--
``(I) no person holds an income interest in the split-
interest entity other than the individual for whose benefit
such account is maintained, the spouse of such individual, or
both, and
``(II) the income interest in the split-interest entity is
nonassignable.
``(v) Special rules.--
``(I) Charitable remainder trusts.--Notwithstanding section
664(b), distributions made from a trust described in
subclause (I) or (II) of clause (ii) shall be treated as
ordinary income in the hands of the beneficiary to whom the
annuity described in section 664(d)(1)(A) or the payment
described in section 664(d)(2)(A) is paid.
``(II) Charitable gift annuities.--Qualified charitable
distributions made to fund a charitable gift annuity shall
not be treated as an investment in the contract for purposes
of section 72(c).''.
(b) Inflation Adjustment.--Section 408(d)(8), as amended by
subsection (a), is further amended by adding at the end the
following new subparagraph:
``(G) Inflation adjustment.--
``(i) In general.--In the case of any taxable year
beginning after 2023, each of the dollar amounts in
subparagraphs (A) and (F) shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2022'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
``(ii) Rounding.--If any dollar amount increased under
clause (i) is not a multiple of $1,000, such dollar amount
shall be rounded to the nearest multiple of $1,000.''.
(c) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after the date of the enactment of this Act.
SEC. 308. DISTRIBUTIONS TO FIREFIGHTERS.
(a) In General.--Subparagraph (A) of section 72(t)(10) is
amended by striking ``414(d))'' and inserting ``414(d)) or a
distribution from a plan described in clause (iii), (iv), or
(vi) of section 402(c)(8)(B) to an employee who provides
firefighting services''.
(b) Conforming Amendment.--The heading of paragraph (10) of
section 72(t) is amended by striking ``in governmental
plans'' and inserting ``and private sector firefighters''.
(c) Effective Date.--The amendments made by this section
shall apply to distributions made after the date of the
enactment of this Act.
SEC. 309. EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST
RESPONDER RETIREMENT PAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 is
amended by inserting after section 139B the following new
section:
``SEC. 139C. CERTAIN DISABILITY-RELATED FIRST RESPONDER
RETIREMENT PAYMENTS.
``(a) In General.--In the case of an individual who
receives qualified first responder retirement payments for
any taxable year, gross income shall not include so much of
such payments as do not exceed the annualized excludable
disability amount with respect to such individual.
``(b) Qualified First Responder Retirement Payments.--For
purposes of this section, the term `qualified first responder
retirement payments' means, with respect to any taxable year,
any pension or annuity which but for this section would be
includible in gross income for such taxable year and which is
received--
``(1) from a plan described in clause (iii), (iv), (v), or
(vi) of section 402(c)(8)(B), and
``(2) in connection with such individual's qualified first
responder service.
``(c) Annualized Excludable Disability Amount.--For
purposes of this section--
``(1) In general.--The term `annualized excludable
disability amount' means, with respect to any individual, the
service-connected excludable disability amounts which are
properly attributable to the 12-month period immediately
preceding the date on which such individual attains
retirement age.
``(2) Service-connected excludable disability amount.--The
term `service-connected excludable disability amount' means
periodic payments received by an individual which--
``(A) are not includible in such individual's gross income
under section 104(a)(1),
``(B) are received in connection with such individual's
qualified first responder service, and
``(C) terminate when such individual attains retirement
age.
[[Page H10314]]
``(3) Special rule for partial-year payments.--In the case
of an individual who only receives service-connected
excludable disability amounts properly attributable to a
portion of the 12-month period described in paragraph (1),
such paragraph shall be applied by multiplying such amounts
by the ratio of 365 to the number of days in such period to
which such amounts were properly attributable.
``(d) Qualified First Responder Service.--For purposes of
this section, the term `qualified first responder service'
means service as a law enforcement officer, firefighter,
paramedic, or emergency medical technician.''.
(b) Clerical Amendment.--The table of sections for part III
of subchapter B of chapter 1 is amended by inserting after
the item relating to section 139B the following new item:
``Sec. 139C. Certain disability-related first responder retirement
payments.''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts received with respect to taxable years
beginning after December 31, 2026.
SEC. 310. APPLICATION OF TOP HEAVY RULES TO DEFINED
CONTRIBUTION PLANS COVERING EXCLUDABLE
EMPLOYEES.
(a) In General.--Paragraph (2) of section 416(c) is amended
by adding at the end the following new subparagraph:
``(C) Application to employees not meeting age and service
requirements.--Any employees not meeting the age or service
requirements of section 410(a)(1) (without regard to
subparagraph (B) thereof) may be excluded from consideration
in determining whether any plan of the employer meets the
requirements of subparagraphs (A) and (B).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to plan years beginning after December 31, 2023.
SEC. 311. REPAYMENT OF QUALIFIED BIRTH OR ADOPTION
DISTRIBUTION LIMITED TO 3 YEARS.
(a) In General.--Section 72(t)(2)(H)(v)(I) is amended by
striking ``may make'' and inserting ``may, at any time during
the 3-year period beginning on the day after the date on
which such distribution was received, make''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to distributions
made after the date of the enactment of this Act.
(2) Temporary rule with respect to distributions already
made.--In the case of a qualified birth or adoption
distribution (as defined in section 72(t)(2)(H)(iii)(I) of
the Internal Revenue Code of 1986) made on or before the date
of the enactment of this Act, section 72(t)(2)(H)(v)(I) of
such Code (as amended by this Act) shall apply to such
distribution by substituting ``after such distribution and
before January 1, 2026'' for ``during the 3-year period
beginning on the day after the date on which such
distribution was received''.
SEC. 312. EMPLOYER MAY RELY ON EMPLOYEE CERTIFYING THAT
DEEMED HARDSHIP DISTRIBUTION CONDITIONS ARE
MET.
(a) Cash or Deferred Arrangements.--Section 401(k)(14) is
amended by adding at the end the following new subparagraph:
``(C) Employee certification.--In determining whether a
distribution is upon the hardship of an employee, the
administrator of the plan may rely on a written certification
by the employee that the distribution is--
``(i) on account of a financial need of a type which is
deemed in regulations prescribed by the Secretary to be an
immediate and heavy financial need, and
``(ii) not in excess of the amount required to satisfy such
financial need, and
that the employee has no alternative means reasonably
available to satisfy such financial need. The Secretary may
provide by regulations for exceptions to the rule of the
preceding sentence in cases where the plan administrator has
actual knowledge to the contrary of the employee's
certification, and for procedures for addressing cases of
employee misrepresentation.''.
(b) 403(b) Plans.--
(1) Custodial accounts.--Section 403(b)(7) is amended by
adding at the end the following new subparagraph:
``(D) Employee certification.--In determining whether a
distribution is upon the financial hardship of an employee,
the administrator of the plan may rely on a written
certification by the employee that the distribution is--
``(i) on account of a financial need of a type which is
deemed in regulations prescribed by the Secretary to be an
immediate and heavy financial need, and
``(ii) not in excess of the amount required to satisfy such
financial need, and
that the employee has no alternative means reasonably
available to satisfy such financial need. The Secretary may
provide by regulations for exceptions to the rule of the
preceding sentence in cases where the plan administrator has
actual knowledge to the contrary of the employee's
certification, and for procedures for addressing cases of
employee misrepresentation.''.
(2) Annuity contracts.--Section 403(b)(11) is amended by
adding at the end the following: ``In determining whether a
distribution is upon hardship of an employee, the
administrator of the plan may rely on a written certification
by the employee that the distribution is on account of a
financial need of a type which is deemed in regulations
prescribed by the Secretary to be an immediate and heavy
financial need and is not in excess of the amount required to
satisfy such financial need, and that the employee has no
alternative means reasonably available to satisfy such
financial need. The Secretary may provide by regulations for
exceptions to the rule of the preceding sentence in cases
where the plan administrator has actual knowledge to the
contrary of the employee's certification, and for procedures
for addressing cases of employee misrepresentation.''.
(c) 457(b) Plan.--Section 457(d) is amended by adding at
the end the following new paragraph:
``(4) Participant certification.--In determining whether a
distribution to a participant is made when the participant is
faced with an unforeseeable emergency, the administrator of a
plan maintained by an eligible employer described in
subsection (e)(1)(A) may rely on a written certification by
the participant that the distribution is--
``(A) made when the participant is faced with an
unforeseeable emergency of a type which is described in
regulations prescribed by the Secretary as an unforeseeable
emergency, and
``(B) not in excess of the amount required to satisfy the
emergency need, and
that the participant has no alternative means reasonably
available to satisfy such emergency need. The Secretary may
provide by regulations for exceptions to the rule of the
preceding sentence in cases where the plan administrator has
actual knowledge to the contrary of the participant's
certification, and for procedures for addressing cases of
participant misrepresentation.''.
(d) Effective Date.--The amendments made by this section
shall apply to plan years beginning after the date of the
enactment of this Act.
SEC. 313. INDIVIDUAL RETIREMENT PLAN STATUTE OF LIMITATIONS
FOR EXCISE TAX ON EXCESS CONTRIBUTIONS AND
CERTAIN ACCUMULATIONS.
(a) In General.--Section 6501(l) is amended by adding at
the end the following new paragraph:
``(4) Individual retirement plans.--
``(A) In general.--For purposes of any tax imposed by
section 4973 or 4974 in connection with an individual
retirement plan, the return referred to in this section shall
include the income tax return filed by the person on whom the
tax under such section is imposed for the year in which the
act (or failure to act) giving rise to the liability for such
tax occurred.
``(B) Rule in case of individuals not required to file
return.--In the case of a person who is not required to file
an income tax return for such year--
``(i) the return referred to in this section shall be the
income tax return that such person would have been required
to file but for the fact that such person was not required to
file such return, and
``(ii) the 3-year period referred to in subsection (a) with
respect to the return shall be deemed to begin on the date by
which the return would have been required to be filed
(excluding any extension thereof).
``(C) Period for assessment in case of income tax return.--
In any case in which the return with respect to a tax imposed
by section 4973 is the individual's income tax return for
purposes of this section, subsection (a) shall be applied by
substituting a 6-year period in lieu of the 3-year period
otherwise referred to in such subsection.
``(D) Exception for certain acquisitions of property.--In
the case of any tax imposed by section 4973 that is
attributable to acquiring property for less than fair market
value, subparagraph (A) shall not apply.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 314. PENALTY-FREE WITHDRAWAL FROM RETIREMENT PLANS FOR
INDIVIDUAL IN CASE OF DOMESTIC ABUSE.
(a) In General.--Paragraph (2) of section 72(t), as amended
by this Act, is further amended by adding at the end the
following new subparagraph:
``(K) Distribution from retirement plan in case of domestic
abuse.--
``(i) In general.--Any eligible distribution to a domestic
abuse victim.
``(ii) Limitation.--The aggregate amount which may be
treated as an eligible distribution to a domestic abuse
victim by any individual shall not exceed an amount equal to
the lesser of--
``(I) $10,000, or
``(II) 50 percent of the present value of the
nonforfeitable accrued benefit of the employee under the
plan.
``(iii) Eligible distribution to a domestic abuse victim.--
For purposes of this subparagraph--
``(I) In general.--A distribution shall be treated as an
eligible distribution to a domestic abuse victim if such
distribution is from an applicable eligible retirement plan
and is made to an individual during the 1-year period
beginning on any date on which the individual is a victim of
domestic abuse by a spouse or domestic partner.
``(II) Domestic abuse.--The term `domestic abuse' means
physical, psychological, sexual, emotional, or economic
abuse, including efforts to control, isolate, humiliate, or
intimidate the victim, or to undermine the victim's ability
to reason independently, including by means of abuse of the
victim's child or another family member living in the
household.
``(iv) Treatment of plan distributions.--If a distribution
to an individual would (without regard to clause (ii)) be an
eligible distribution to a domestic abuse victim, a plan
shall not be treated as failing to meet any requirement of
this title merely because the plan treats the distribution as
an eligible distribution to a domestic abuse victim, unless
the aggregate amount of such distributions from all plans
maintained by the employer (and any member of any controlled
group which includes the employer, determined as provided in
subparagraph (H)(iv)(II)) to such individual exceeds the
limitation under clause (ii).
``(v) Amount distributed may be repaid.--Rules similar to
the rules of subparagraph
[[Page H10315]]
(H)(v) shall apply with respect to an individual who receives
a distribution to which clause (i) applies.
``(vi) Definition and special rules.--For purposes of this
subparagraph:
``(I) Applicable eligible retirement plan.--The term
`applicable eligible retirement plan' means an eligible
retirement plan (as defined in section 402(c)(8)(B)) other
than a defined benefit plan or a plan to which sections
401(a)(11) and 417 apply.
``(II) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405, an eligible distribution to a
domestic abuse victim shall not be treated as an eligible
rollover distribution.
``(III) Distributions treated as meeting plan distribution
requirements; self-certification.--Any distribution which the
employee or participant certifies as being an eligible
distribution to a domestic abuse victim shall be treated as
meeting the requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
``(vii) Inflation adjustment.--In the case of a taxable
year beginning in a calendar year after 2024, the $10,000
amount in clause (ii)(I) shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2023'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
If any amount after adjustment under the preceding sentence
is not a multiple of $100, such amount shall be rounded to
the nearest multiple of $100.''.
(b) Effective Date.--The amendments made by this section
shall apply to distributions made after December 31, 2023.
SEC. 315. REFORM OF FAMILY ATTRIBUTION RULE.
(a) In General.--Section 414 is amended--
(1) in subsection (b)--
(A) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of'', and
(B) by adding at the end the following new paragraphs:
``(2) Special rules for applying family attribution.--For
purposes of applying the attribution rules under section 1563
with respect to paragraph (1), the following rules apply:
``(A) Community property laws shall be disregarded for
purposes of determining ownership.
``(B) Except as provided by the Secretary, stock of an
individual not attributed under section 1563(e)(5) to such
individual's spouse shall not be attributed to such spouse by
reason of the combined application of paragraphs (1) and
(6)(A) of section 1563(e).
``(C) Except as provided by the Secretary, in the case of
stock in different corporations that is attributed to a child
under section 1563(e)(6)(A) from each parent, and is not
attributed to such parents as spouses under section
1563(e)(5), such attribution to the child shall not by itself
result in such corporations being members of the same
controlled group.
``(3) Plan shall not fail to be treated as satisfying this
section.--If application of paragraph (2) causes 2 or more
entities to be a controlled group or to no longer be in a
controlled group, such change shall be treated as a
transaction to which section 410(b)(6)(C) applies.'', and
(2) in subsection (m)(6)(B)--
(A) by striking ``Ownership.--In determining'' and
inserting the following: ``Ownership.--
``(i) In general.--In determining'',
(B) by adding at the end the following new clauses:
``(ii) Special rules for applying family attribution.--For
purposes of applying the attribution rules under section 318
with respect to clause (i), the following rules apply:
``(I) Community property laws shall be disregarded for
purposes of determining ownership.
``(II) Except as provided by the Secretary, stock of an
individual not attributed under section 318(a)(1)(A)(i) to
such individual's spouse shall not be attributed by reason of
the combined application of paragraphs (1)(A)(ii) and (4) of
section 318(a) to such spouse from a child who has not
attained the age of 21 years.
``(III) Except as provided by the Secretary, in the case of
stock in different organizations which is attributed under
section 318(a)(1)(A)(ii) from each parent to a child who has
not attained the age of 21 years, and is not attributed to
such parents as spouses under section 318(a)(1)(A)(i), such
attribution to the child shall not by itself result in such
organizations being members of the same affiliated service
group.
``(iii) Plan shall not fail to be treated as satisfying
this section.--If the application of clause (ii) causes two
or more entities to be an affiliated service group, or to no
longer be in an affiliated service group, such change shall
be treated as a transaction to which section 410(b)(6)(C)
applies.'', and
(C) by striking ``apply'' in clause (i), as so added, and
inserting ``apply, except that community property laws shall
be disregarded for purposes of determining ownership''.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 316. AMENDMENTS TO INCREASE BENEFIT ACCRUALS UNDER PLAN
FOR PREVIOUS PLAN YEAR ALLOWED UNTIL EMPLOYER
TAX RETURN DUE DATE.
(a) In General.--Section 401(b) is amended by adding at the
end the following new paragraph:
``(3) Retroactive plan amendments that increase benefit
accruals.--If--
``(A) an employer amends a stock bonus, pension, profit-
sharing, or annuity plan to increase benefits accrued under
the plan effective as of any date during the immediately
preceding plan year (other than increasing the amount of
matching contributions (as defined in subsection (m)(4)(A))),
``(B) such amendment would not otherwise cause the plan to
fail to meet any of the requirements of this subchapter, and
``(C) such amendment is adopted before the time prescribed
by law for filing the return of the employer for the taxable
year (including extensions thereof) which includes the date
described in subparagraph (A),
the employer may elect to treat such amendment as having been
adopted as of the last day of the plan year in which the
amendment is effective.''.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 317. RETROACTIVE FIRST YEAR ELECTIVE DEFERRALS FOR SOLE
PROPRIETORS.
(a) In General.--Section 401(b)(2) is amended by adding at
the end the following: ``In the case of an individual who
owns the entire interest in an unincorporated trade or
business, and who is the only employee of such trade or
business, any elective deferrals (as defined in section
402(g)(3)) under a qualified cash or deferred arrangement to
which the preceding sentence applies, which are made by such
individual before the time for filing the return of such
individual for the taxable year (determined without regard to
any extensions) ending after or with the end of the plan's
first plan year, shall be treated as having been made before
the end of such first plan year.''.
(b) Effective Date.--The amendment made by this section
shall apply to plan years beginning after the date of the
enactment of this Act.
SEC. 318. PERFORMANCE BENCHMARKS FOR ASSET ALLOCATION FUNDS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall
promulgate regulations under section 404 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1104)
providing that, in the case of a designated investment
alternative that contains a mix of asset classes, the
administrator of a plan may, but is not required to, use a
benchmark that is a blend of different broad-based securities
market indices if--
(1) the blend is reasonably representative of the asset
class holdings of the designated investment alternative;
(2) for purposes of determining the blend's returns for 1-,
5-, and 10-calendar-year periods (or for the life of the
alternative, if shorter), the blend is modified at least once
per year if needed to reflect changes in the asset class
holdings of the designated investment alternative;
(3) the blend is furnished to participants and
beneficiaries in a manner that is reasonably calculated to be
understood by the average plan participant; and
(4) each securities market index that is used for an
associated asset class would separately satisfy the
requirements of such regulation for such asset class.
(b) Study.--Not later than 3 years after the applicability
date of regulations issued under this section, the Secretary
of Labor shall deliver a report to the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate and
the Committees on Ways and Means and Education and Labor of
the House of Representatives regarding the utilization, and
participants' understanding, of the benchmarking requirements
under this section.
SEC. 319. REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING
AND DISCLOSURE REQUIREMENTS.
(a) Study.--As soon as practicable after the date of
enactment of this Act, the Secretary of Labor, the Secretary
of the Treasury, and the Director of the Pension Benefit
Guaranty Corporation shall review the reporting and
disclosure requirements as applicable to each such agency
head, of--
(1) the Employee Retirement Income Security Act of 1974
applicable to pension plans (as defined in section 3(2) of
such Act (29 U.S.C. 1002(2)) covered by title I of such Act;
and
(2) the Internal Revenue Code of 1986 applicable to
qualified retirement plans (as defined in section 4974(c) of
such Code, without regard to paragraphs (4) and (5) of such
section).
(b) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Labor, the Secretary
of the Treasury, and the Director of the Pension Benefit
Guaranty Corporation, jointly, and after consultation with a
balanced group of participant and employer representatives,
shall with respect to plans referenced in subsection (a)
report on the effectiveness of the applicable reporting and
disclosure requirements and make such recommendations as may
be appropriate to the Committee on Education and Labor and
the Committee on Ways and Means of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Finance of the
Senate to consolidate, simplify, standardize, and improve
such requirements so as to simplify reporting for, and
disclosure from, such plans and ensure that plans can furnish
and participants and beneficiaries timely receive and better
understand the information they need to monitor their plans,
plan for retirement, and obtain the benefits they have
earned.
(2) Analysis of effectiveness.--To assess the effectiveness
of the applicable reporting and disclosure requirements, the
report shall include an analysis of how participants and
beneficiaries are providing preferred contact information,
the methods by which plan sponsors and plans are furnishing
disclosures, and the rate at which participants and
beneficiaries are receiving, accessing, understanding, and
retaining disclosures.
[[Page H10316]]
(3) Collection of information.--The agencies shall conduct
appropriate surveys and data collection to obtain any needed
information.
SEC. 320. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED
TO UNENROLLED PARTICIPANTS.
(a) Amendment of ERISA.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1021 et seq.) is amended by redesignating section 111 as
section 112 and by inserting after section 110 the following
new section:
``SEC. 111. ELIMINATING UNNECESSARY PLAN REQUIREMENTS RELATED
TO UNENROLLED PARTICIPANTS.
``(a) In General.--Notwithstanding any other provision of
this title, with respect to any individual account plan, no
disclosure, notice, or other plan document (other than the
notices and documents described in paragraphs (1) and (2))
shall be required to be furnished under this title to any
unenrolled participant if the unenrolled participant is
furnished--
``(1) an annual reminder notice of such participant's
eligibility to participate in such plan and any applicable
election deadlines under the plan; and
``(2) any document requested by such participant that the
participant would be entitled to receive notwithstanding this
section.
``(b) Unenrolled Participant.--For purposes of this
section, the term `unenrolled participant' means an employee
who--
``(1) is eligible to participate in an individual account
plan;
``(2) has been furnished--
``(A) the summary plan description pursuant to section
104(b), and
``(B) any other notices related to eligibility under the
plan required to be furnished under this title, or the
Internal Revenue Code of 1986, in connection with such
participant's initial eligibility to participate in such
plan;
``(3) is not participating in such plan; and
``(4) satisfies such other criteria as the Secretary of
Labor may determine appropriate, as prescribed in guidance
issued in consultation with the Secretary of Treasury.
For purposes of this section, any eligibility to participate
in the plan following any period for which such employee was
not eligible to participate shall be treated as initial
eligibility.
``(c) Annual Reminder Notice.--For purposes of this
section, the term `annual reminder notice' means a notice
provided in accordance with section 2520.104b-1 of title 29,
Code of Federal Regulations (or any successor regulation),
which--
``(1) is furnished in connection with the annual open
season election period with respect to the plan or, if there
is no such period, is furnished within a reasonable period
prior to the beginning of each plan year;
``(2) notifies the unenrolled participant of--
``(A) the unenrolled participant's eligibility to
participate in the plan; and
``(B) the key benefits and rights under the plan, with a
focus on employer contributions and vesting provisions; and
``(3) provides such information in a prominent manner
calculated to be understood by the average participant.''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 is
amended by striking the item relating to section 111 and by
inserting after the item relating to section 110 the
following new items:
``Sec. 111. Eliminating unnecessary plan requirements related to
unenrolled participants.
``Sec. 112. Repeal and effective date.''.
(b) Amendment of Internal Revenue Code of 1986.--Section
414, as amended by the preceding provisions of this Act, is
amended by adding at the end the following new subsection:
``(bb) Eliminating Unnecessary Plan Requirements Related to
Unenrolled Participants.--
``(1) In general.--Notwithstanding any other provision of
this title, with respect to any defined contribution plan, no
disclosure, notice, or other plan document (other than the
notices and documents described in subparagraphs (A) and (B))
shall be required to be furnished under this title to any
unenrolled participant if the unenrolled participant is
furnished--
``(A) an annual reminder notice of such participant's
eligibility to participate in such plan and any applicable
election deadlines under the plan, and
``(B) any document requested by such participant that the
participant would be entitled to receive notwithstanding this
subsection.
``(2) Unenrolled participant.--For purposes of this
subsection, the term `unenrolled participant' means an
employee who--
``(A) is eligible to participate in a defined contribution
plan,
``(B) has been furnished--
``(i) the summary plan description pursuant to section
104(b) of the Employee Retirement Income Security Act of
1974, and
``(ii) any other notices related to eligibility under the
plan and required to be furnished under this title, or the
Employee Retirement Income Security Act of 1974, in
connection with such participant's initial eligibility to
participate in such plan,
``(C) is not participating in such plan, and
``(D) satisfies such other criteria as the Secretary of the
Treasury may determine appropriate, as prescribed in guidance
issued in consultation with the Secretary of Labor.
For purposes of this subsection, any eligibility to
participate in the plan following any period for which such
employee was not eligible to participate shall be treated as
initial eligibility.
``(3) Annual reminder notice.--For purposes of this
subsection, the term `annual reminder notice' means the
notice described in section 111(c) of the Employee Retirement
Income Security Act of 1974.''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
SEC. 321. REVIEW OF PENSION RISK TRANSFER INTERPRETIVE
BULLETIN.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Labor shall--
(1) review section 2509.95-1 of title 29, Code of Federal
Regulations (relating to the fiduciary standards under the
Employee Retirement Income Security Act of 1974 when
selecting an annuity provider for a defined benefit pension
plan) and consult with the Advisory Council on Employee
Welfare and Pension Benefit Plans (established under section
512 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1142)), to determine whether amendments to section
2509.95-1 of title 29, Code of Federal Regulations are
warranted; and
(2) report to Congress on the findings of such review and
consultation, including an assessment of any risk to
participants.
SEC. 322. TAX TREATMENT OF IRA INVOLVED IN A PROHIBITED
TRANSACTION.
(a) In General.--Section 408(e)(2)(A) is amended by
striking ``and'' at the end of clause (i), by striking the
period at the end of clause (ii) and inserting ``, and'', and
by adding at the end the following new clause:
``(iii) each individual retirement plan of the individual
shall be treated as a separate contract.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) No inference.--Nothing in the amendments made by this
section shall be construed to infer the proper treatment
under the Internal Revenue Code of 1986 of individual
retirement plans as 1 contract in the case of any other
provision of such Code to which the amendments made by this
section do not apply.
SEC. 323. CLARIFICATION OF SUBSTANTIALLY EQUAL PERIODIC
PAYMENT RULE.
(a) In General.--Paragraph (4) of section 72(t) is amended
by inserting at the end the following new subparagraph:
``(C) Rollovers to subsequent plan.--If--
``(i) payments described in paragraph (2)(A)(iv) are being
made from a qualified retirement plan,
``(ii) a transfer or a rollover from such qualified
retirement plan of all or a portion of the taxpayer's benefit
under the plan is made to another qualified retirement plan,
and
``(iii) distributions from the transferor and transferee
plans would in combination continue to satisfy the
requirements of paragraph (2)(A)(iv) if they had been made
only from the transferor plan,
such transfer or rollover shall not be treated as a
modification under subparagraph (A)(ii), and compliance with
paragraph (2)(A)(iv) shall be determined on the basis of the
combined distributions described in clause (iii).''.
(b) Nonqualified Annuity Contracts.--Paragraph (3) of
section 72(q) is amended--
(1) by redesignating clauses (i) and (ii) of subparagraph
(B) as subclauses (I) and (II), and by moving such subclauses
2 ems to the right;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), by moving such clauses 2 ems to the right, and
by adjusting the flush language at the end accordingly;
(3) by striking ``payments.--If'' and inserting
``payments.--
``(A) In general.--If--''; and
(4) by adding at the end the following new subparagraph:
``(B) Exchanges to subsequent contracts.--If--
``(i) payments described in paragraph (2)(D) are being made
from an annuity contract,
``(ii) an exchange of all or a portion of such contract for
another contract is made under section 1035, and
``(iii) the aggregate distributions from the contracts
involved in the exchange continue to satisfy the requirements
of paragraph (2)(D) as if the exchange had not taken place,
such exchange shall not be treated as a modification under
subparagraph (A)(ii), and compliance with paragraph (2)(D)
shall be determined on the basis of the combined
distributions described in clause (iii).''.
(c) Information Reporting.--Section 6724 is amended by
inserting at the end the following new subsection:
``(g) Special Rule for Reporting Certain Additional
Taxes.--No penalty shall be imposed under section 6721 or
6722 if--
``(1) a person makes a return or report under section
6047(d) or 408(i) with respect to any distribution,
``(2) such distribution is made following a rollover,
transfer, or exchange described in section 72(t)(4)(C) or
section 72(q)(3)(C),
``(3) in making such return or report the person relies
upon a certification provided by the taxpayer that the
distributions satisfy the requirements of section
72(t)(4)(C)(iii) or section 72(q)(3)(B)(iii), as applicable,
and
``(4) such person does not have actual knowledge that the
distributions do not satisfy such requirements.''.
(d) Safe Harbor for Annuity Payments.--
(1) Qualified retirement plans.--Subparagraph (A) of
section 72(t)(2) is amended by adding at the end the
following flush sentence:
``For purposes of clause (iv), periodic payments shall not
fail to be treated as substantially equal merely because they
are amounts received as an annuity, and such periodic
payments shall be deemed to be substantially equal if they
are payable over a period described in clause (iv) and
satisfy the requirements applicable to annuity payments under
section 401(a)(9).''.
[[Page H10317]]
(2) Other annuity contracts.--Paragraph (2) of section
72(q) is amended by adding at the end the following flush
sentence:
``For purposes of subparagraph (D), periodic payments shall
not fail to be treated as substantially equal merely because
they are amounts received as an annuity, and such periodic
payments shall be deemed to be substantially equal if they
are payable over a period described in subparagraph (D) and
would satisfy the requirements applicable to annuity payments
under section 401(a)(9) if such requirements applied.''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall apply to transfers, rollovers, and
exchanges occurring after December 31, 2023.
(2) Annuity payments.--The amendment made by subsection (d)
shall apply to distributions commencing on or after the date
of the enactment of this Act.
(3) No inference.--Nothing in the amendments made by this
section shall be construed to create an inference with
respect to the law in effect prior to the effective date of
such amendments.
SEC. 324. TREASURY GUIDANCE ON ROLLOVERS.
(a) In General.--Not later than January 1, 2025, the
Secretary of the Treasury or the Secretary's delegate shall,
to simplify, standardize, facilitate, and expedite the
completion of rollovers to eligible retirement plans (as
defined in section 402(c)(8)(B) of the Internal Revenue Code
of 1986) and trustee-to-trustee transfers from individual
retirement plans (as defined in section 7701(a)(37) of such
Code), develop and issue--
(1) guidance in the form of sample forms (including
relevant procedures and protocols) for rollovers of eligible
rollover distributions from a retirement to an eligible
retirement plan which--
(A) are written in a manner calculated to be understood by
the average person, and
(B) can be used by both distributing eligible retirement
plans and receiving retirement plans, and
(2) guidance in the form of sample forms (including
relevant procedures and protocols) for trustee-to-trustee
transfers of amounts from an individual retirement plan to
another individual retirement plan which--
(A) are written in a manner calculated to be understood by
the average person, and
(B) can be used by both transferring individual retirement
plans and individual retirement plans receiving the transfer.
(b) Other Requirements.--In developing the sample forms
under subsection (a), the Secretary (or Secretary's delegate)
shall obtain relevant information from participants and plan
sponsor representatives and consider potential coordination
with sections 319 and 336 of this Act.
SEC. 325. ROTH PLAN DISTRIBUTION RULES.
(a) In General.--Subsection (d) of section 402A is amended
by adding at the end the following new paragraph:
``(5) Mandatory distribution rules not to apply before
death.--Notwithstanding sections 403(b)(10) and 457(d)(2),
the following provisions shall not apply to any designated
Roth account:
``(A) Section 401(a)(9)(A).
``(B) The incidental death benefit requirements of section
401(a).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to taxable years
beginning after December 31, 2023.
(2) Special rule.--The amendment made by this section shall
not apply to distributions which are required with respect to
years beginning before January 1, 2024, but are permitted to
be paid on or after such date.
SEC. 326. EXCEPTION TO PENALTY ON EARLY DISTRIBUTIONS FROM
QUALIFIED PLANS FOR INDIVIDUALS WITH A TERMINAL
ILLNESS.
(a) In General.--Section 72(t)(2), as amended by this Act,
is further amended by adding at the end the following new
subparagraph:
``(L) Terminal illness.--
``(i) In general.--Distributions which are made to the
employee who is a terminally ill individual on or after the
date on which such employee has been certified by a physician
as having a terminal illness.
``(ii) Definition.--For purposes of this subparagraph, the
term `terminally ill individual' has the same meaning given
such term under section 101(g)(4)(A), except that `84 months'
shall be substituted for `24 months'.
``(iii) Documentation.--For purposes of this subparagraph,
an employee shall not be considered to be a terminally ill
individual unless such employee furnishes sufficient evidence
to the plan administrator in such form and manner as the
Secretary may require.
``(iv) Amount distributed may be repaid.--Rules similar to
the rules of subparagraph (H)(v) shall apply with respect to
an individual who receives a distribution to which clause (i)
applies.''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made after the date of the
enactment of this Act.
SEC. 327. SURVIVING SPOUSE ELECTION TO BE TREATED AS
EMPLOYEE.
(a) In General.--Section 401(a)(9)(B)(iv), as amended by
this Act, is further amended to read as follows:
``(iv) Special rule for surviving spouse of employee.--If
the designated beneficiary referred to in clause (iii)(I) is
the surviving spouse of the employee and the surviving spouse
elects the treatment in this clause--
``(I) the regulations referred to in clause (iii)(II) shall
treat the surviving spouse as if the surviving spouse were
the employee,
``(II) the date on which the distributions are required to
begin under clause (iii)(III) shall not be earlier than the
date on which the employee would have attained the applicable
age, and
``(III) if the surviving spouse dies before the
distributions to such spouse begin, this subparagraph shall
be applied as if the surviving spouse is the employee.
An election described in this clause shall be made at such
time and in such manner as prescribed by the Secretary, shall
include a timely notice to the plan administrator, and once
made may not be revoked except with the consent of the
Secretary.''.
(b) Extension of Election of at Least as Rapidly Rule.--The
Secretary shall amend Q&A-5(a) of Treasury Regulation section
1.401(a)(9)-5 (or any successor regulation thereto) to
provide that if the surviving spouse is the employee's sole
designated beneficiary and the spouse elects treatment under
section 401(a)(9)(B)(iv), then the applicable distribution
period for distribution calendar years after the distribution
calendar year including the employee's date of death is
determined under the uniform lifetime table.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after December 31,
2023.
SEC. 328. REPEAL OF DIRECT PAYMENT REQUIREMENT ON EXCLUSION
FROM GROSS INCOME OF DISTRIBUTIONS FROM
GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM
CARE INSURANCE.
(a) In General.--Section 402(l)(5)(A) is amended to read as
follows:
``(A) Direct payment to insurer permitted.--
``(i) In general.--Paragraph (1) shall apply to a
distribution without regard to whether payment of the
premiums is made directly to the provider of the accident or
health plan or qualified long-term care insurance contract by
deduction from a distribution from the eligible retirement
plan, or is made to the employee.
``(ii) Reporting.--In the case of a payment made to the
employee as described in clause (i), the employee shall
include with the return of tax for the taxable year in which
the distribution is made an attestation that the distribution
does not exceed the amount paid by the employee for qualified
health insurance premiums for such taxable year.''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made after the date of the
enactment of this Act.
SEC. 329. MODIFICATION OF ELIGIBLE AGE FOR EXEMPTION FROM
EARLY WITHDRAWAL PENALTY.
(a) In General.--Subparagraph (A) of section 72(t)(10), as
amended by this Act, is further amended by striking ``age
50'' and inserting ``age 50 or 25 years of service under the
plan, whichever is earlier''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made after the date of the
enactment of this Act.
SEC. 330. EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN
STATE AND LOCAL GOVERNMENT CORRECTIONS
EMPLOYEES.
(a) In General.--Clause (i) of section 72(t)(10)(B) is
amended by striking ``or emergency medical services'' and
inserting ``emergency medical services, or services as a
corrections officer or as a forensic security employee
providing for the care, custody, and control of forensic
patients''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made after the date of the
enactment of this Act.
SEC. 331. SPECIAL RULES FOR USE OF RETIREMENT FUNDS IN
CONNECTION WITH QUALIFIED FEDERALLY DECLARED
DISASTERS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Paragraph (2) of section 72(t), as amended
by this Act, is further amended by adding at the end the
following new subparagraph:
``(M) Distributions from retirement plans in connection
with federally declared disasters.--Any qualified disaster
recovery distribution.''.
(2) Qualified disaster recovery distribution.--Section
72(t) is amended by adding at the end the following new
paragraph:
``(11) Qualified disaster recovery distribution.--For
purposes of paragraph (2)(M)--
``(A) In general.--Except as provided in subparagraph (B),
the term `qualified disaster recovery distribution' means any
distribution made--
``(i) on or after the first day of the incident period of a
qualified disaster and before the date that is 180 days after
the applicable date with respect to such disaster, and
``(ii) to an individual whose principal place of abode at
any time during the incident period of such qualified
disaster is located in the qualified disaster area with
respect to such qualified disaster and who has sustained an
economic loss by reason of such qualified disaster.
``(B) Aggregate dollar limitation.--
``(i) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified disaster recovery
distributions with respect to any qualified disaster in all
taxable years shall not exceed $22,000.
``(ii) Treatment of plan distributions.--If a distribution
to an individual would (without regard to clause (i)) be a
qualified disaster recovery distribution, a plan shall not be
treated as violating any requirement of this title merely
because the plan treats such distribution as a qualified
disaster recovery distribution, unless the aggregate amount
of such distributions from
[[Page H10318]]
all plans maintained by the employer (and any member of any
controlled group which includes the employer) to such
individual exceeds $22,000 with respect to the same qualified
disaster.
``(iii) Controlled group.--For purposes of clause (ii), the
term `controlled group' means any group treated as a single
employer under subsection (b), (c), (m), or (o) of section
414.
``(C) Amount distributed may be repaid.--
``(i) In general.--Any individual who receives a qualified
disaster recovery distribution may, at any time during the 3-
year period beginning on the day after the date on which such
distribution was received, make one or more contributions in
an aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which such
individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as
the case may be.
``(ii) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For purposes of
this title, if a contribution is made pursuant to clause (i)
with respect to a qualified disaster recovery distribution
from a plan other than an individual retirement plan, then
the taxpayer shall, to the extent of the amount of the
contribution, be treated as having received the qualified
disaster recovery distribution in an eligible rollover
distribution (as defined in section 402(c)(4)) and as having
transferred the amount to the eligible retirement plan in a
direct trustee to trustee transfer within 60 days of the
distribution.
``(iii) Treatment of repayments for distributions from
iras.--For purposes of this title, if a contribution is made
pursuant to clause (i) with respect to a qualified disaster
recovery distribution from an individual retirement plan,
then, to the extent of the amount of the contribution, the
qualified disaster recovery distribution shall be treated as
a distribution described in section 408(d)(3) and as having
been transferred to the eligible retirement plan in a direct
trustee to trustee transfer within 60 days of the
distribution.
``(D) Income inclusion spread over 3-year period.--
``(i) In general.--In the case of any qualified disaster
recovery distribution, unless the taxpayer elects not to have
this subparagraph apply for any taxable year, any amount
required to be included in gross income for such taxable year
shall be so included ratably over the 3-taxable year period
beginning with such taxable year.
``(ii) Special rule.--For purposes of clause (i), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) shall apply.
``(E) Qualified disaster.--For purposes of this paragraph
and paragraph (8), the term `qualified disaster' means any
disaster with respect to which a major disaster has been
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act after
December 27, 2020.
``(F) Other definitions.--For purposes of this paragraph
and paragraph (8)--
``(i) Qualified disaster area.--
``(I) In general.--The term `qualified disaster area'
means, with respect to any qualified disaster, the area with
respect to which the major disaster was declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
``(II) Exceptions.--Such term shall not include any area
which is a qualified disaster area solely by reason of
section 301 of the Taxpayer Certainty and Disaster Tax Relief
Act of 2020.
``(ii) Incident period.--The term `incident period' means,
with respect to any qualified disaster, the period specified
by the Federal Emergency Management Agency as the period
during which such disaster occurred.
``(iii) Applicable date.--The term `applicable date' means
the latest of--
``(I) the date of the enactment of this paragraph,
``(II) the first day of the incident period with respect to
the qualified disaster, or
``(III) the date of the disaster declaration with respect
to the qualified disaster.
``(iv) Eligible retirement plan.--The term `eligible
retirement plan' shall have the meaning given such term by
section 402(c)(8)(B).
``(G) Special rules.--
``(i) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405, qualified disaster recovery
distributions shall not be treated as eligible rollover
distributions.
``(ii) Qualified disaster recovery distributions treated as
meeting plan distribution requirements.--For purposes of this
title--
``(I) a qualified disaster recovery distribution shall be
treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A), and
``(II) in the case of a money purchase pension plan, a
qualified disaster recovery distribution which is an in-
service withdrawal shall be treated as meeting the
requirements of section 401(a) applicable to
distributions.''.
(3) Effective date.--The amendments made by this subsection
shall apply to distributions with respect to disasters the
incident period (as defined in section 72(t)(11)(F)(ii) of
the Internal Revenue Code of 1986, as added by this
subsection) for which begins on or after the date which is 30
days after the date of the enactment of the Taxpayer
Certainty and Disaster Tax Relief Act of 2020.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Individual retirement plans.--Paragraph (8) of section
72(t) is amended by adding at the end the following new
subparagraph:
``(F) Recontributions.--
``(i) General rule.--
``(I) In general.--Any individual who received a qualified
distribution may, during the applicable period, make one or
more contributions in an aggregate amount not to exceed the
amount of such qualified distribution to an eligible
retirement plan (as defined in section 402(c)(8)(B)) of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may
be.
``(II) Treatment of repayments.--Rules similar to the rules
of clauses (ii) and (iii) of paragraph (11)(C) shall apply
for purposes of this subsection.
``(ii) Qualified distribution.--For purposes of this
subparagraph, the term `qualified distribution' means any
distribution--
``(I) which is a qualified first-time homebuyer
distribution,
``(II) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but which
was not so used on account of the qualified disaster with
respect to such area, and
``(III) which was received during the period beginning on
the date which is 180 days before the first day of the
incident period of such qualified disaster and ending on the
date which is 30 days after the last day of such incident
period.
``(iii) Applicable period.--For purposes of this
subparagraph, the term `applicable period' means, in the case
of a principal residence in a qualified disaster area with
respect to any qualified disaster, the period beginning on
the first day of the incident period of such qualified
disaster and ending on the date which is 180 days after the
applicable date with respect to such disaster.''.
(2) Qualified plans.--Subsection (c) of section 402, as
amended by this Act, is further amended by adding at the end
the following new paragraph:
``(13) Recontributions of withdrawals for home purchases.--
``(A) General rule.--
``(i) In general.--Any individual who received a qualified
distribution may, during the applicable period, make one or
more contributions in an aggregate amount not to exceed the
amount of such qualified distribution to an eligible
retirement plan (as defined in paragraph (8)(B)) of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under
subsection (c) or section 403(a)(4), 403(b)(8), or 408(d)(3),
as the case may be.
``(ii) Treatment of repayments.--Rules similar to the rules
of clauses (ii) and (iii) of section 72(t)(11)(C) shall apply
for purposes of this subsection.
``(B) Qualified distribution.--For purposes of this
paragraph, the term `qualified distribution' means any
distribution--
``(i) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), or 403(b)(11)(B),
``(ii) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but which
was not so used on account of the qualified disaster with
respect to such area, and
``(iii) which was received during the period beginning on
the date which is 180 days before the first day of the
incident period of such qualified disaster and ending on the
date which is 30 days after the last day of such incident
period.
``(C) Definitions.--For purposes of this paragraph--
``(i) the terms `qualified disaster', `qualified disaster
area', and `incident period' have the meaning given such
terms under section 72(t)(11), and
``(ii) the term `applicable period' has the meaning given
such term under section 72(t)(8)(F).''.
(3) Effective date.--The amendments made by this subsection
shall apply to recontributions of withdrawals for home
purchases with respect to disasters the incident period (as
defined in section 72(t)(11)(F)(ii) of the Internal Revenue
Code of 1986, as added by this subsection) for which begins
on or after the date which is 30 days after the date of the
enactment of the Taxpayer Certainty and Disaster Tax Relief
Act of 2020.
(c) Loans From Qualified Plans.--
(1) In general.--Subsection (p) of section 72 is amended by
adding at the end the following new paragraph:
``(6) Increase in limit on loans not treated as
distributions.--
``(A) In general.--In the case of any loan from a qualified
employer plan to a qualified individual made during the
applicable period--
``(i) clause (i) of paragraph (2)(A) shall be applied by
substituting `$100,000' for `$50,000', and
``(ii) clause (ii) of such paragraph shall be applied by
substituting `the present value of the nonforfeitable accrued
benefit of the employee under the plan' for `one-half of the
present value of the nonforfeitable accrued benefit of the
employee under the plan'.
``(B) Delay of repayment.--In the case of a qualified
individual with respect to any qualified disaster with an
outstanding loan from a qualified employer plan on or after
the applicable date with respect to the qualified disaster--
``(i) if the due date pursuant to subparagraph (B) or (C)
of paragraph (2) for any repayment with respect to such loan
occurs during the period beginning on the first day of the
incident period of such qualified disaster and ending on the
date which is 180 days after the last day of such incident
period, such due date may be delayed for 1 year,
``(ii) any subsequent repayments with respect to any such
loan may be appropriately adjusted to reflect the delay in
the due date under clause (i) and any interest accruing
during such delay, and
``(iii) in determining the 5-year period and the term of a
loan under subparagraph (B) or (C) of
[[Page H10319]]
paragraph (2), the period described in clause (i) may be
disregarded.
``(C) Definitions.--For purposes of this paragraph--
``(i) Qualified individual.--The term `qualified
individual' means any individual--
``(I) whose principal place of abode at any time during the
incident period of any qualified disaster is located in the
qualified disaster area with respect to such qualified
disaster, and
``(II) who has sustained an economic loss by reason of such
qualified disaster.
``(ii) Applicable period.--The applicable period with
respect to any disaster is the period--
``(I) beginning on the applicable date with respect to such
disaster, and
``(II) ending on the date that is 180 days after such
applicable date.
``(iii) Other terms.--For purposes of this paragraph--
``(I) the terms `applicable date', `qualified disaster',
`qualified disaster area', and `incident period' have the
meaning given such terms under subsection (t)(11), and
``(II) the term `applicable period' has the meaning given
such term under subsection (t)(8).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to plan loans made with respect to disasters the
incident period (as defined in section 72(t)(11)(F)(ii) of
the Internal Revenue Code of 1986, as added by this
subsection) for which begins on or after the date which is 30
days after the date of the enactment of the Taxpayer
Certainty and Disaster Tax Relief Act of 2020.
(d) GAO Report.--The Comptroller General of the United
States shall submit a report to the Committees on Finance and
Health, Education, Labor and Pensions of the Senate and the
Committees on Ways and Means and Education and Labor of the
House of Representatives on taxpayer utilization of the
retirement disaster relief permitted by the amendments made
by this section and or permitted by prior legislation,
including a comparison of utilization by higher and lower
income taxpayers and whether the $22,000 threshold on
distributions provides adequate relief for taxpayers who
suffer from a disaster.
SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT
ACCOUNTS WITH SAFE HARBOR 401(K) PLANS DURING A
YEAR.
(a) In General.--Section 408(p) is amended by adding at the
end the following new paragraph:
``(11) Replacement of simple retirement accounts with safe
harbor plans during plan year.--
``(A) In general.--Subject to the requirements of this
paragraph, an employer may elect (in such form and manner as
the Secretary may prescribe) at any time during a year to
terminate the qualified salary reduction arrangement under
paragraph (2), but only if the employer establishes and
maintains (as of the day after the termination date) a safe
harbor plan to replace the terminated arrangement.
``(B) Combined limits on contributions.--The terminated
arrangement and safe harbor plan shall both be treated as
violating the requirements of paragraph (2)(A)(ii) or section
401(a)(30) (whichever is applicable) if the aggregate
elective contributions of the employee under the terminated
arrangement during its last plan year and under the safe
harbor plan during its transition year exceed the sum of--
``(i) the applicable dollar amount for such arrangement
(determined on a full-year basis) under this subsection
(after the application of section 414(v)) with respect to the
employee for such last plan year multiplied by a fraction
equal to the number of days in such plan year divided by 365,
and
``(ii) the applicable dollar amount (as so determined)
under section 402(g)(1) for such safe harbor plan on such
elective contributions during the transition year multiplied
by a fraction equal to the number of days in such transition
year divided by 365.
``(C) Transition year.--For purposes of this paragraph, the
transition year is the period beginning after the termination
date and ending on the last day of the calendar year during
which the termination occurs.
``(D) Safe harbor plan.--For purposes of this paragraph,
the term `safe harbor plan' means a qualified cash or
deferred arrangement which meets the requirements of
paragraph (11), (12), (13), or (16) of section 401(k).''.
(b) Waiver of 2-year Withdrawal Limitation in Case of Plans
Converting to 401(k) or 403(b).--
(1) In general.--Paragraph (6) of section 72(t) is
amended--
(A) by striking ``accounts.--In the case of'' and inserting
``accounts.--
``(A) In general.--In the case of'', and
(B) by adding at the end the following new subparagraph:
``(B) Waiver in case of plan conversion to 401(k) or
403(b).--In the case of an employee of an employer which
terminates the qualified salary reduction arrangement of the
employer under section 408(p) and establishes a qualified
cash or deferred arrangement described in section 401(k) or
purchases annuity contracts described in section 403(b),
subparagraph (A) shall not apply to any amount which is paid
in a rollover contribution described in section 408(d)(3)
into a qualified trust under section 401(k) (but only if such
contribution is subsequently subject to the rules of section
401(k)(2)(B)) or an annuity contract described in section
403(b) (but only if such contribution is subsequently subject
to the rules of section 403(b)(12)) for the benefit of the
employee.''.
(2) Conforming amendment.--Subparagraph (G) of section
408(d)(3) is amended by striking ``72(t)(6)'' and inserting
``72(t)(6)(A)''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 333. ELIMINATION OF ADDITIONAL TAX ON CORRECTIVE
DISTRIBUTIONS OF EXCESS CONTRIBUTIONS.
(a) In General.--Subparagraph (A) of section 72(t)(2) is
amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by striking the period at the end of clause (viii) and
inserting ``, or''; and
(3) by inserting after clause (viii) the following new
clause:
``(ix) attributable to withdrawal of net income
attributable to a contribution which is distributed pursuant
to section 408(d)(4).''.
(b) Effective Date.--The amendments made by this section
shall apply to any determination of, or affecting, liability
for taxes, interest, or penalties which is made on or after
the date of the enactment of this Act, without regard to
whether the act (or failure to act) upon which the
determination is based occurred before such date of
enactment. Notwithstanding the preceding sentence, nothing in
the amendments made by this section shall be construed to
create an inference with respect to the law in effect prior
to the effective date of such amendments.
SEC. 334. LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT
PLAN DISTRIBUTIONS.
(a) In General.--Section 401(a) is amended by inserting
after paragraph (38) the following new paragraph:
``(39) Qualified long-term care distributions.--
``(A) In general.--A trust forming part of a defined
contribution plan shall not be treated as failing to
constitute a qualified trust under this section solely by
reason of allowing qualified long-term care distributions.
``(B) Qualified long-term care distribution.--For purposes
of this paragraph--
``(i) In general.--The term `qualified long-term care
distribution' means so much of the distributions made during
the taxable year as does not exceed, in the aggregate, the
least of the following:
``(I) The amount paid by or assessed to the employee during
the taxable year for or with respect to certified long-term
care insurance for the employee or the employee's spouse (or
other family member of the employee as provided by the
Secretary by regulation).
``(II) An amount equal to 10 percent of the present value
of the nonforfeitable accrued benefit of the employee under
the plan.
``(III) $2,500.
``(ii) Adjustment for inflation.--In the case of taxable
years beginning after December 31, 2024, the $2,500 amount in
clause (i)(II) shall be increased by an amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2023'
for `calendar year 2016' in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest
multiple of $100.
``(C) Certified long-term care insurance.--The term
`certified long-term care insurance' means--
``(i) a qualified long-term care insurance contract (as
defined in section 7702B(b)) covering qualified long-term
care services (as defined in section 7702B(c)),
``(ii) coverage of the risk that an insured individual
would become a chronically ill individual (within the meaning
of section 101(g)(4)(B)) under a rider or other provision of
a life insurance contract which satisfies the requirements of
section 101(g)(3) (determined without regard to subparagraph
(D) thereof), or
``(iii) coverage of qualified long-term care services (as
so defined) under a rider or other provision of an insurance
or annuity contract which is treated as a separate contract
under section 7702B(e) and satisfies the requirements of
section 7702B(g),
if such coverage provides meaningful financial assistance in
the event the insured needs home-based or nursing home care.
For purposes of the preceding sentence, coverage shall not be
deemed to provide meaningful financial assistance unless
benefits are adjusted for inflation and consumer protections
are provided, including protection in the event the coverage
is terminated.
``(D) Distributions must otherwise be includible.--Rules
similar to the rules of section 402(l)(3) shall apply for
purposes of this paragraph.
``(E) Long-term care premium statement.--
``(i) In general.--No distribution shall be treated as a
qualified long-term care distribution unless a long-term care
premium statement with respect to the employee has been filed
with the plan.
``(ii) Long-term care premium statement.--For purposes of
this paragraph, a long-term care premium statement is a
statement provided by the issuer of long-term care coverage,
upon request by the owner of such coverage, which includes--
``(I) the name and taxpayer identification number of such
issuer,
``(II) a statement that the coverage is certified long-term
care insurance,
``(III) identification of the employee as the owner of such
coverage,
``(IV) identification of the individual covered and such
individual's relationship to the employee,
``(V) the premiums owed for the coverage for the calendar
year, and
``(VI) such other information as the Secretary may require.
``(iii) Filing with secretary.--A long-term care premium
statement will be accepted only if the issuer has completed a
disclosure to the Secretary for the specific coverage product
to which the statement relates. Such disclosure shall
[[Page H10320]]
identify the issuer, type of coverage, and such other
information as the Secretary may require which is included in
the filing of the product with the applicable State
authority.''.
(b) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or''
at the end of subclause (V), by adding ``or'' at the end of
subclause (VI), and by adding at the end the following new
subclause:
``(VII) as provided in section 401(a)(39),''.
(2) Section 403(a) is amended by adding at the end the
following new paragraph:
``(6) Qualified long-term care distributions.--An annuity
contract shall not fail to be subject to this subsection
solely by reason of allowing distributions to which section
401(a)(39) applies.''.
(3) Section 403(b)(7)(A)(i) is amended by striking ``or''
at the end of subclause (V), by striking ``and'' at the end
of subclause (VI) and inserting ``or'' and by adding at the
end the following new subclause:
``(VII) as provided for distributions to which section
401(a)(39) applies, and''.
(4) Section 403(b)(11) is amended by striking ``or'' at the
end of subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting ``, or'', and by inserting
after subparagraph (D) the following new subparagraph:
``(E) for distributions to which section 401(a)(39)
applies.''.
(5) Section 457(d)(1)(A) is amended by striking ``or'' at
the end of clause (iii), by striking the comma at the end of
clause (iv) and inserting ``, or'', and by adding at the end
the following new clause:
``(v) as provided in section 401(a)(39),''.
(c) Exemption From Additional Tax on Early Distributions.--
Section 72(t)(2), as amended by this Act, is further amended
by adding at the end the following new subparagraph:
``(N) Qualified long-term care distributions.--
``(i) In general.--Any qualified long-term care
distribution to which section 401(a)(39) applies.
``(ii) Exception.--If, with respect to the plan, the
individual covered by the long-term care coverage to which
such distribution relates is the spouse of the employee,
clause (i) shall apply only if the employee and the
employee's spouse file a joint return.
``(iii) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405, any qualified long-term care
distribution described in clause (i) shall not be treated as
an eligible rollover distribution.''.
(d) Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 is amended by adding at the end the following new
section:
``SEC. 6050Z. REPORTS RELATING TO LONG-TERM CARE PREMIUM
STATEMENTS.
``(a) Requirement of Reporting.--Any issuer of certified
long-term care insurance (as defined in section
401(a)(39)(C)) who provides a long-term care premium
statement with respect to any purchaser pursuant to section
401(a)(39)(E) for a calendar year, shall make a return not
later than February 1 of the succeeding calendar year,
according to forms or regulations prescribed by the
Secretary, setting forth with respect to each such
purchaser--
``(1) the name and taxpayer identification number of such
issuer,
``(2) a statement that the coverage is certified long-term
care insurance as defined in section 401(a)(39)(C),
``(3) the name of the owner of such coverage,
``(4) identification of the individual covered and such
individual's relationship to the owner,
``(5) the premiums paid for the coverage for the calendar
year, and
``(6) such other information as the Secretary may require.
``(b) Statement to Be Furnished to Persons With Respect to
Whom Information Is Required.--Every person required to make
a return under subsection (a) shall furnish to each
individual whose name is required to be set forth in such
return a written statement showing--
``(1) the name, address, and phone number of the
information contact of the issuer of the contract or
coverage, and
``(2) the aggregate amount of premiums and charges paid
under the contract or coverage covering the insured
individual during the calendar year.
The written statement required under the preceding sentence
shall be furnished to the individual or individuals on or
before January 31 of the year following the calendar year for
which the return required under subsection (a) was required
to be made.
``(c) Contracts or Coverage Covering More Than One
Insured.--In the case of contracts or coverage covering more
than one insured, the return and statement required by
subsections (a) and (b) shall identify only the portion of
the premium that is properly allocable to the insured in
respect of whom the return or statement is made.
``(d) Statement to Be Furnished on Request.--If any
individual to whom a return is required to be furnished under
subsection (b) requests that such a return be furnished at
any time before the close of the calendar year, the person
required to make the return under subsection (b) shall comply
with such request and shall furnish to the Secretary at such
time a copy of the return so provided.''.
(2) Penalties.--Section 6724(d) is amended--
(A) in paragraph (1)(B), by adding ``or'' at the end of
clause (xxvii) and by inserting after such clause the
following new clause:
``(xxviii) section 6050Z (relating to reports relating to
long-term care premium statements), and'', and
(B) in paragraph (2)--
(i) by redesignating subparagraph (JJ), relating to section
6050Y, as subparagraph (KK) and moving such subparagraph to
the position immediately after subparagraph (JJ), relating to
section 6226(a)(2),
(ii) by striking ``or'' at the end of subparagraph (II),
(iii) by striking the period at the end of subparagraph
(JJ), relating to section 6226(a)(2), and inserting a comma,
(iv) by striking the period at the end of subparagraph
(KK), as so redesignated, and inserting ``, or'', and
(v) by inserting after subparagraph (KK), as so
redesignated, the following new subparagraph:
``(LL) section 6050Z (relating to reports relating to long-
term care premium statements).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 is amended by
adding after the item relating to section 6050Y the following
new item:
``Sec. 6050Z. Reports relating to long-term care premium statements.''.
(e) Effective Date.--The amendments made by this section
shall apply to distributions made after the date which is 3
years after the date of the enactment of this Act.
(f) Disclosure to Treasury of Long-term Care Insurance
Products.--The Secretary of the Treasury (or the Secretary's
delegate) shall issue such forms and guidance as are
necessary to collect the filing required by section
401(a)(39)(E)(iii) of the Internal Revenue Code of 1986, as
added by this section.
SEC. 335. CORRECTIONS OF MORTALITY TABLES.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of the Treasury (or
the Secretary's delegate) shall amend the regulation relating
to ``Mortality Tables for Determining Present Value Under
Defined Benefit Pension Plans'' (82 Fed. Reg. 46388 (October
5, 2017)). Under such amendment, for valuation dates
occurring during or after 2024, such mortality improvement
rates shall not assume for years beyond the valuation date
future mortality improvements at any age which are greater
than .78 percent. The Secretary of the Treasury (or delegate)
shall by regulation modify the .78 percent figure in the
preceding sentence as necessary to reflect material changes
in the overall rate of improvement projected by the Social
Security Administration.
(b) Effective Date.--The amendments required under
subsection (a) shall be deemed to have been made as of the
date of the enactment of this Act, and as of such date all
applicable laws shall be applied in all respects as though
the actions which the Secretary of the Treasury (or the
Secretary's delegate) is required to take under such
subsection had been taken.
SEC. 336. REPORT TO CONGRESS ON SECTION 402(F) NOTICES.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to the Committees on Finance and Health,
Education, Labor, and Pensions of the Senate and the
Committees on Ways and Means and Education and Labor of the
House of Representatives on the notices provided by
retirement plan administrators to plan participants under
section 402(f) of the Internal Revenue Code of 1986. The
report shall analyze the effectiveness of such notices and
make recommendations, as warranted by the findings, to
facilitate better understanding by recipients of different
distribution options and corresponding tax consequences,
including spousal rights.
SEC. 337. MODIFICATION OF REQUIRED MINIMUM DISTRIBUTION RULES
FOR SPECIAL NEEDS TRUSTS.
(a) In General.--Section 401(a)(9)(H)(iv)(II) is amended by
striking ``no individual'' and inserting ``no beneficiary''.
(b) Conforming Amendment.--Section 401(a)(9)(H)(v) is
amended by adding at the end the following flush sentence:
``For purposes of the preceding sentence, in the case of a
trust the terms of which are described in clause (iv)(II),
any beneficiary which is an organization described in section
408(d)(8)(B)(i) shall be treated as a designated beneficiary
described in subclause (II).''.
(c) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after the date of the
enactment of this Act.
SEC. 338. REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN
CASES.
(a) In General.--Section 105(a)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2))
is amended--
(1) in subparagraph (A)(iv), by inserting ``subject to
subparagraph (E),'' before ``may be delivered''; and
(2) by adding at the end the following:
``(E) Provision of paper statements.--With respect to at
least 1 pension benefit statement furnished for a calendar
year with respect to an individual account plan under
paragraph (1)(A), and with respect to at least 1 pension
benefit statement furnished every 3 calendar years with
respect to a defined benefit plan under paragraph (1)(B),
such statement shall be furnished on paper in written form
except--
``(i) in the case of a plan that furnishes such statement
in accordance with section 2520.104b-1(c) of title 29, Code
of Federal Regulations; or
``(ii) in the case of a plan that permits a participant or
beneficiary to request that the statements referred to in the
matter preceding clause (i) be furnished by electronic
delivery, if the participant or beneficiary requests that
such statements be delivered electronically and the
statements are so delivered.''.
(b) Implementation.--
[[Page H10321]]
(1) In general.--The Secretary of Labor shall, not later
than December 31, 2024, update section 2520.104b-1(c) of
title 29, Code of Federal Regulations, to provide that a plan
may furnish the statements referred to in subparagraph (E) of
section 105(a)(2) of the Employee Retirement Income Security
Act of 1974 by electronic delivery only if, with respect to
participants who first become eligible to participate, and
beneficiaries who first become eligible for benefits, after
December 31, 2025, in addition to meeting the other
requirements under the regulations such plan furnishes each
participant or beneficiary a one-time initial notice on paper
in written form, prior to the electronic delivery of any
pension benefit statement, of their right to request that all
documents required to be disclosed under title I of the
Employee Retirement Income Security Act of 1974 be furnished
on paper in written form.
(2) Other guidance.--In implementing the amendment made by
subsection (a) with respect to a plan that discloses required
documents or statements electronically, in accordance with
applicable guidance governing electronic disclosure by the
Department of Labor (with the exception of section 2520.104b-
1(c) of title 29, Code of Federal Regulations), the Secretary
of Labor shall, not later than December 31, 2024, update such
guidance to the extent necessary to ensure that--
(A) a participant or beneficiary under such a plan is
permitted the opportunity to request that any disclosure
required to be delivered on paper under applicable guidance
by the Department of Labor shall be furnished by electronic
delivery;
(B) each paper statement furnished under such a plan
pursuant to the amendment shall include--
(i) an explanation of how to request that all such
statements, and any other document required to be disclosed
under title I of the Employee Retirement Income Security Act
of 1974, be furnished by electronic delivery; and
(ii) contact information for the plan sponsor, including a
telephone number;
(C) the plan may not charge any fee to a participant or
beneficiary for the delivery of any paper statements;
(D) each document required to be disclosed that is
furnished by electronic delivery under such a plan shall
include an explanation of how to request that all such
documents be furnished on paper in written form; and
(E) a plan is permitted to furnish a duplicate electronic
statement in any case in which the plan furnishes a paper
pension benefit statement.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to plan years beginning after
December 31, 2025.
SEC. 339. RECOGNITION OF TRIBAL GOVERNMENT DOMESTIC RELATIONS
ORDERS.
(a) Amendment of Internal Revenue Code of 1986.--
(1) In general.--Clause (ii) of section 414(p)(1)(B) is
amended by inserting ``or Tribal'' after ``State''.
(2) Conforming amendment.--Subparagraph (B) of section
414(p)(1) is amended by adding at the end the following flush
sentence:
``For purposes of clause (ii), the term `Tribal' with respect
to a domestic relations law means such a law which is issued
by or under the laws of an Indian tribal government, a
subdivision of such an Indian tribal government, or an agency
or instrumentality of either.''.
(b) Amendment of Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 206(d)(3)(B)(ii)(II) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1056(d)(3)(B)(ii)(II)) is amended by inserting ``or Tribal''
after ``State''.
(2) Conforming amendment.--Section 206(d)(3)(B) of such Act
is amended by adding at the end the following flush sentence:
``For purposes of clause (ii)(II), the term `Tribal' with
respect to a domestic relations law means such a law which is
issued by or under the laws of an Indian tribal government
(as defined in section 7701(a)(40) of the Internal Revenue
Code of 1986), a subdivision of such an Indian tribal
government, or an agency or instrumentality of either.''.
(c) Effective Date.--The amendments made by this section
shall apply to domestic relations orders received by plan
administrators after December 31, 2022, including any such
order which is submitted for reconsideration after such date.
SEC. 340. DEFINED CONTRIBUTION PLAN FEE DISCLOSURE
IMPROVEMENTS.
Not later than 3 years after the date of enactment of this
Act, the Secretary of Labor shall--
(1) review section 2550.404a-5 of title 29, Code of Federal
Regulations (relating to fiduciary requirements for
disclosure in participant-directed individual account plans);
(2) explore, through a public request for information or
otherwise, how the contents and design of the disclosures
described in such section may be improved to enhance
participants' understanding of fees and expenses related to a
defined contribution plan (as defined in section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002)) as well as the cumulative effect of such fees and
expenses on retirement savings over time; and
(3) report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives on the findings of the
exploration described in paragraph (2), including beneficial
education for consumers on financial literacy concepts as
related to retirement plan fees and recommendations for
legislative changes needed to address such findings.
SEC. 341. CONSOLIDATION OF DEFINED CONTRIBUTION PLAN NOTICES.
Not later than 2 years after the date of enactment of this
Act, the Secretary of Labor and the Secretary of the Treasury
(or such Secretaries' delegates) shall adopt regulations
providing that a plan (as defined in section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002)) may, but is not required to, consolidate 2 or more of
the notices required under sections 404(c)(5)(B) and
514(e)(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1104(c)(5)(B) and 29 U.S.C. 1144(e)(3)) and
sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) of the
Internal Revenue Code of 1986 into a single notice so long as
the combined notice--
(1) includes the required content;
(2) clearly identifies the issues addressed therein;
(3) is furnished at the time and with the frequency
required for each such notice; and
(4) is presented in a manner that is reasonably calculated
to be understood by the average plan participant and that
does not obscure or fail to highlight the primary information
required for each notice.
This section shall not be interpreted as preventing the
consolidation of any other notices required under the
Employee Retirement Income Security Act of 1974, or Internal
Revenue Code of 1986, to the extent otherwise permitted by
the Secretary of Labor or the Secretary of the Treasury (or
either such Secretary's delegate), as applicable.
SEC. 342. INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK
MITIGATION.
(a) In General.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1021 et seq.), as amended by the preceding provisions of this
title, is amended by adding at the end the following:
``SEC. 113. NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT
TO LUMP SUMS.
``(a) In General.--A plan administrator of a pension plan
that amends the plan to provide a period of time during which
a participant or beneficiary may elect to receive a lump sum,
instead of future monthly payments, shall furnish notice--
``(1) to each participant or beneficiary offered such lump
sum amount, in the manner in which the participant and
beneficiary receives the lump sum offer from the plan
sponsor, not later than 90 days prior to the first day on
which the participant or beneficiary may make an election
with respect to such lump sum; and
``(2) to the Secretary and the Pension Benefit Guaranty
Corporation, not later than 30 days prior to the first day on
which participants and beneficiaries may make an election
with respect to such lump sum.
``(b) Notice to Participants and Beneficiaries.--
``(1) Content.--The notice required under subsection (a)(1)
shall include the following:
``(A) Available benefit options, including the estimated
monthly benefit that the participant or beneficiary would
receive at normal retirement age, whether there is a
subsidized early retirement option or qualified joint and
survivor annuity that is fully subsidized (in accordance with
section 417(a)(5) of the Internal Revenue Code of 1986, the
monthly benefit amount if payments begin immediately, and the
lump sum amount available if the participant or beneficiary
takes the option.
``(B) An explanation of how the lump sum was calculated,
including the interest rate, mortality assumptions, and
whether any additional plan benefits were included in the
lump sum, such as early retirement subsidies.
``(C) In a manner consistent with the manner in which a
written explanation is required to be given under 417(a)(3)
of the Internal Revenue Code of 1986, the relative value of
the lump sum option for a terminated vested participant
compared to the value of--
``(i) the single life annuity, (or other standard form of
benefit); and
``(ii) the qualified joint and survivor annuity (as defined
in section 205(d)(1));
``(D) A statement that--
``(i) a commercial annuity comparable to the annuity
available from the plan may cost more than the amount of the
lump sum amount, and
``(ii) it may be advisable to consult an advisor regarding
this point if the participant or beneficiary is considering
purchasing a commercial annuity.
``(E) The potential ramifications of accepting the lump
sum, including longevity risks, loss of protections
guaranteed by the Pension Benefit Guaranty Corporation (with
an explanation of the monthly benefit amount that would be
protected by the Pension Benefit Guaranty Corporation if the
plan is terminated with insufficient assets to pay benefits),
loss of protection from creditors, loss of spousal
protections, and other protections under this Act that would
be lost.
``(F) General tax rules related to accepting a lump sum,
including rollover options and early distribution penalties
with a disclaimer that the plan does not provide tax, legal,
or accounting advice, and a suggestion that participants and
beneficiaries consult with their own tax, legal, and
accounting advisors before determining whether to accept the
offer.
``(G) How to accept or reject the offer, the deadline for
response, and whether a spouse is required to consent to the
election.
``(H) Contact information for the point of contact at the
plan administrator for participants and beneficiaries to get
more information or ask questions about the options.
``(2) Plain language.--The notice under this subsection
shall be written in a manner calculated to be understood by
the average plan participant.
``(3) Model notice.--The Secretary shall issue a model
notice for purposes of the notice under subsection (a)(1),
including for information required under subparagraphs (C)
through (F) of paragraph (1).
``(c) Notice to the Secretary and Pension Benefit Guaranty
Corporation.--The notice
[[Page H10322]]
required under subsection (a)(2) shall include the following:
``(1) The total number of participants and beneficiaries
eligible for such lump sum option.
``(2) The length of the limited period during which the
lump sum is offered.
``(3) An explanation of how the lump sum was calculated,
including the interest rate, mortality assumptions, and
whether any additional plan benefits were included in the
lump sum, such as early retirement subsidies.
``(4) A sample of the notice provided to participants and
beneficiaries under subsection (a)(1), if otherwise required.
``(d) Post-Offer Report to the Secretary and Pension
Benefit Guaranty Corporation.--Not later than 90 days after
the conclusion of the limited period during which
participants and beneficiaries in a plan may accept a plan's
offer of a lump sum, a plan sponsor shall submit a report to
the Secretary and the Director of the Pension Benefit
Guaranty Corporation that includes the number of participants
and beneficiaries who accepted the lump sum offer and such
other information as the Secretary may require.
``(e) Public Availability.--The Secretary shall make the
information provided in the notice to the Secretary required
under subsection (a)(2) and in the post-offer reports
submitted under subsection (d) publicly available in a form
that protects the confidentiality of the information
provided.
``(f) Biennial Report.--Not later than the last day of the
second calendar year after the calendar year including the
applicability date of the final rules under section 342(e) of
the SECURE 2.0 Act of 2022, and every 2 years thereafter, so
long as the Secretary has received notices and post-offer
reports under subsections (c) and (d) of this section, the
Secretary shall submit to Congress a report that summarizes
such notices and post-offer reports during the applicable
reporting period. The applicable reporting period begins on
the first day of the second calendar year preceding the
calendar year that the report is submitted to Congress and
ends on the last day of the calendar year preceding the
calendar year the report is due.''.
(b) Clerical Amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974, as
amended by the proceeding provisions of this title, is
further amended by inserting after the item relating to
section 112 the following new item:
Sec. 113. Notice and disclosure requirements with respect to lump sum
windows.
(c) Enforcement.--Section 502 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132) is amended--
(1) in subsection (c)(1), by striking ``or section 105(a)''
and inserting ``, section 105(a), or section 113(a)''; and
(2) in subsection (a)(4), by striking ``105(c)'' and
inserting ``section 105(c) or 113(a)''.
(d) Application.--The requirements of section 113 of the
Employee Retirement Income Security Act of 1974, as added by
subsection (b), shall apply beginning on the applicable
effective date specified in the final regulations promulgated
pursuant to subsection (e).
(e) Regulatory Authority.--Not earlier than 1 year after
the date of enactment of this Act, the Secretary of Labor, in
consultation with the Secretary of the Treasury, shall issue
regulations to implement section 113 of the Employee
Retirement Income Security Act of 1974, as added by
subsection (a). Such regulations shall be applicable not
earlier than the issuance of a final rule and not later than
1 year after issuance of a final rule.
SEC. 343. DEFINED BENEFIT ANNUAL FUNDING NOTICES.
(a) In General.--Section 101(f)(2)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1021(f)(2)(B)) is amended--
(1) in clause (i)(I), by striking ``funding target
attainment percentage (as defined in section 303(d)(2))'' and
inserting ``percentage of plan liabilities funded (as
described in clause (ii)(I)(bb))'';
(2) in clause (ii)(I)--
(A) by striking ``, a statement of'';
(B) by striking item (aa);
(C) by redesignating item (bb) as item (aa);
(D) in item (aa), as so redesignated--
(i) by inserting ``a statement of'' before ``the value'',
(ii) by inserting ``, and for the preceding 2 plan years as
of the last day of each such plan year,'' before ``determined
using'',
(iii) by striking ``and'' at the end; and
(E) by adding at the end the following:
``(bb) for purposes of the statement in subparagraph
(B)(i)(I), the percentage of plan liabilities funded,
calculated as the ratio between the value of the plan's
assets and liabilities, as determined under item (aa), for
the plan year to which the notice relates and for the 2
preceding plan years, and
``(cc) if the information in (aa) and (bb) is presented in
tabular form, a statement that describes that in the event of
a plan termination the corporation's calculation of plan
liabilities may be greater and that references the section of
the notice with the information required under clause (x),
and'';
(3) in clause (ii)(II), by striking ``subclause (I)(bb)''
and inserting ``subclause (I)(aa)'',
(4) in clause (iii), in the matter preceding subclause (I),
by inserting ``for the plan year to which the notice relates
as of the last day of such plan year and the preceding 2 plan
years, in tabular format,'' after ``participants'';
(5) in clause (iv)--
(A) by striking ``plan and the asset'' and inserting
``plan, the asset''; and
(B) by inserting ``, and the average return on assets for
the plan year,'' after ``assets)'';
(6) by redesignating clauses (ix) through (xi) as clause
(x) through (xii), respectively;
(7) by inserting after clause (viii) the following:
``(ix) in the case of a single-employer plan, a statement
as to whether the plan's funded status, based on the plan's
liabilities described under subclause (II) for the plan year
to which the notice relates, and for the 2 preceding plan
years, is at least 100 percent (and, if not, the actual
percentages), that includes--
``(I) the plan's assets, as of the last day of the plan
year and for the 2 preceding plan years, as determined under
clause (ii)(I)(aa),
``(II) the plan's liabilities, as of the last day of the
plan year and for the 2 preceding plan years, as determined
under clause (ii)(1)(aa), and
``(III) the funded status of the plan, determined as the
ratio of the plan's assets and liabilities calculated under
subclauses (I) and (II), for the plan year to which the
notice relates, and for the 2 preceding plan years,''; and
(8) in clause (x), as so redesignated, by striking the
comma at the end and inserting the following: ``and a
statement that, in the case of a single-employer plan--
``(I) if plan assets are determined to be sufficient to pay
vested benefits that are not guaranteed by the Pension
Benefit Guaranty Corporation, participants and beneficiaries
may receive benefits in excess of the guaranteed amount, and
``(II) such a determination generally uses assumptions that
result in a plan having a lower funded status as compared to
the plan's funded status disclosed in this notice.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to plan years beginning after
December 31, 2023.
SEC. 344. REPORT ON POOLED EMPLOYER PLANS.
The Secretary of Labor shall--
(1) conduct a study on the pooled employer plan (as such
term is defined in section 3(43) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(43))) industry,
including on--
(A) the legal name and number of pooled employer plans;
(B) the number of participants in such plans;
(C) the range of investment options provided in such plans;
(D) the fees assessed in such plans;
(E) the manner in which employers select and monitor such
plans;
(F) the disclosures provided to participants in such plans;
(G) the number and nature of any enforcement actions by the
Secretary of Labor on such plans;
(H) the extent to which such plans have increased
retirement savings coverage in the United States; and
(I) any additional information as the Secretary determines
is necessary; and
(2) not later than 5 years after the date of enactment of
this Act, and every 5 years thereafter, submit to Congress
and make available on a publicly accessible website of the
Department of Labor, a report on the findings of the study
under paragraph (1), including recommendations on how pooled
employer plans can be improved, through legislation, to serve
and protect retirement plan participants.
SEC. 345. ANNUAL AUDITS FOR GROUP OF PLANS.
(a) In General.--Section 202(a) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 (Public
Law 116-94; 26 U.S.C. 6058 note) is amended--
(1) by striking ``so that all members'' and inserting the
following: ``so that--
``(1) all members'';
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(2) any opinions required by section 103(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1023(a)(3)) shall relate only to each individual plan which
would otherwise be subject to the requirements of such
section 103(a)(3).''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 346. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
(a) Definitions.--In this section:
(1) Existing program.--The term ``existing program'' means
a program, designed to promote employee ownership, that
exists on the date on which the Secretary is carrying out a
responsibility authorized under this section.
(2) Initiative.--The term ``Initiative'' means the Employee
Ownership Initiative established under subsection (b).
(3) New program.--The term ``new program'' means a program,
designed to promote employee ownership, that does not exist
on the date on which the Secretary is carrying out a
responsibility authorized under this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) State.--The term ``State'' has the meaning given the
term under section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(b) Employee Ownership Initiative.--
(1) Establishment.--The Secretary shall establish within
the Department of Labor an Employee Ownership Initiative to
promote employee ownership.
(2) Functions.--In carrying out the Initiative, the
Secretary shall--
(A) support within the States existing programs designed to
promote employee ownership; and
(B) facilitate within the States the formation of new
programs designed to promote employee ownership.
(3) Duties.--To carry out the functions enumerated in
paragraph (2), the Secretary shall
[[Page H10323]]
support new programs and existing programs by--
(A) making Federal grants authorized under subsection (d);
and
(B)(i) acting as a clearinghouse on techniques employed by
new programs and existing programs within the States, and
disseminating information relating to those techniques to the
programs; or
(ii) funding projects for information gathering on those
techniques, and dissemination of that information to the
programs, by groups outside the Department of Labor.
(4) Consultation with treasury.--The Secretary shall
consult with the Secretary of the Treasury, or the
Secretary's delegate, in the case of any employee ownership
arrangements or structures the administration and enforcement
of which are within the jurisdiction of the Department of the
Treasury.
(c) Programs Regarding Employee Ownership.--
(1) Establishment of program.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to encourage new programs and existing
programs within the States to foster employee ownership
throughout the United States.
(2) Purpose of program.--The purpose of the program
established under paragraph (1) is to encourage new and
existing programs within the States that focus on--
(A) providing education and outreach to inform employees
and employers about the possibilities and benefits of
employee ownership and business ownership succession
planning, including providing information about financial
education, employee teams, open-book management, and other
tools that enable employees to share ideas and information
about how their businesses can succeed;
(B) providing technical assistance to assist employee
efforts to become business owners, to enable employers and
employees to explore and assess the feasibility of
transferring full or partial ownership to employees, and to
encourage employees and employers to start new employee-owned
businesses;
(C) training employees and employers with respect to
methods of employee participation in open-book management,
work teams, committees, and other approaches for seeking
greater employee input; and
(D) training other entities to apply for funding under this
subsection, to establish new programs, and to carry out
program activities.
(3) Program details.--The Secretary may include, in the
program established under paragraph (1), provisions that--
(A) in the case of activities described in paragraph
(2)(A)--
(i) target key groups, such as retiring business owners,
senior managers, labor organizations, trade associations,
community organizations, and economic development
organizations;
(ii) encourage cooperation in the organization of workshops
and conferences; and
(iii) prepare and distribute materials concerning employee
ownership, and business ownership succession planning;
(B) in the case of activities described in paragraph
(2)(B)--
(i) provide preliminary technical assistance to employee
groups, managers, and retiring owners exploring the
possibility of employee ownership;
(ii) provide for the performance of preliminary feasibility
assessments;
(iii) assist in the funding of objective third-party
feasibility studies and preliminary business valuations, and
in selecting and monitoring professionals qualified to
conduct such studies; and
(iv) provide a data bank to help employees find legal,
financial, and technical advice in connection with business
ownership;
(C) in the case of activities described in paragraph
(2)(C)--
(i) provide for courses on employee participation; and
(ii) provide for the development and fostering of networks
of employee-owned companies to spread the use of successful
participation techniques; and
(D) in the case of training described in paragraph (2)(D)--
(i) provide for visits to existing programs by staff from
new programs receiving funding under this section; and
(ii) provide materials to be used for such training.
(4) Guidance.--The Secretary shall issue formal guidance,
for--
(A) recipients of grants awarded under subsection (d) and
one-stop partners (as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102)) affiliated
with the workforce development systems (as so defined) of the
States, proposing that programs and other activities funded
under this section be--
(i) proactive in encouraging actions and activities that
promote employee ownership of businesses; and
(ii) comprehensive in emphasizing both employee ownership
of businesses so as to increase productivity and broaden
capital ownership; and
(B) acceptable standards and procedures to establish good
faith fair market value for shares of a business to be
acquired by an employee stock ownership plan (as defined in
section 407(d)(6) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1107(d)(6))).
The guidance under subparagraph (B) shall be prescribed in
consultation with the Secretary of the Treasury.
(d) Grants.--
(1) In general.--In carrying out the program established
under subsection (c), the Secretary may make grants for use
in connection with new programs and existing programs within
a State for any of the following activities:
(A) Education and outreach as provided in subsection
(c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers as
provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among employee-
owned firms.
(E) Training as provided in subsection (c)(2)(D) for new
programs provided by participants in existing programs
dedicated to the objectives of this section, except that, for
each fiscal year, the amount of the grants made for such
training shall not exceed 10 percent of the total amount of
the grants made under this section.
(2) Amounts and conditions.--The Secretary shall determine
the amount and any conditions for a grant made under this
subsection. The amount of the grant shall be subject to
paragraph (6), and shall reflect the capacity of the
applicant for the grant.
(3) Applications.--Each entity desiring a grant under this
subsection shall submit an application to the Secretary at
such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit
an application under paragraph (3) on behalf of any local
entity consisting of a unit of State or local government,
State-supported institution of higher education, or nonprofit
organization, meeting the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to support or
establish a program pursuant to this section during any
fiscal year, the Secretary shall, in the subsequent fiscal
years, allow local entities described in paragraph (4) from
that State to make applications for grants under paragraph
(3) on their own initiative.
(B) Application screening.--Any State failing to support or
establish a program pursuant to this section during any
fiscal year may submit applications under paragraph (3) in
the subsequent fiscal years but may not screen applications
by local entities described in paragraph (4) before
submitting the applications to the Secretary.
(6) Limitations.--A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the
aggregate, more than the following amounts:
(A) For fiscal year 2025, $300,000.
(B) For fiscal year 2026, $330,000.
(C) For fiscal year 2027, $363,000.
(D) For fiscal year 2028, $399,300.
(E) For fiscal year 2029, $439,200.
(7) Annual report.--For each year, each recipient of a
grant under this subsection shall submit to the Secretary a
report describing how grant funds allocated pursuant to this
subsection were expended during the 12-month period preceding
the date of the submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve
not more than 10 percent of the funds appropriated for a
fiscal year to carry out this section, for the purposes of
conducting evaluations of the grant programs identified in
subsection (d) and to provide related technical assistance.
(f) Reporting.--Not later than the expiration of the 36-
month period following the date of enactment of this Act, the
Secretary shall prepare and submit to Congress a report--
(1) on progress related to employee ownership in businesses
in the United States; and
(2) containing an analysis of critical costs and benefits
of activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated
for the purpose of making grants pursuant to subsection (d)
the following:
(A) For fiscal year 2025, $4,000,000.
(B) For fiscal year 2026, $7,000,000.
(C) For fiscal year 2027, $10,000,000.
(D) For fiscal year 2028, $13,000,000.
(E) For fiscal year 2029, $16,000,000.
(2) Administrative expenses.--There are authorized to be
appropriated for the purpose of funding the administrative
expenses related to the Initiative--
(A) for fiscal year 2024, $200,000, and
(B) for each of fiscal years 2025 through 2029, an amount
not in excess of the lesser of--
(i) $350,000; or
(ii) 5.0 percent of the maximum amount available under
paragraph (1) for that fiscal year.
SEC. 347. REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF
INFLATION ON RETIREMENT SAVINGS.
The Secretary of Labor, in consultation with the Secretary
of the Treasury, shall--
(1) conduct a study on the impact of inflation on
retirement savings; and
(2) not later than 90 days after the date of enactment of
this Act, submit to Congress a report on the findings of the
study.
SEC. 348. CASH BALANCE.
(a) Amendment of Internal Revenue Code of 1986.--Section
411(b) is amended by adding at the end the following new
paragraph:
``(6) Projected interest crediting rate.--For purposes of
subparagraphs (A), (B), and (C) of paragraph (1), in the case
of an applicable defined benefit plan (as defined in
subsection (a)(13)(C)) which provides variable interest
crediting rates, the interest crediting rate which is treated
as in effect and as the projected interest crediting rate
shall be a reasonable projection of such variable interest
crediting rate, not to exceed 6 percent.''.
(b) Amendment of Employee Retirement Income Security Act of
1974.--Section 204(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1060(b)) is amended by adding
at the end the following new paragraph:
``(6) Projected interest crediting rate.--For purposes of
subparagraphs (A), (B), and (C)
[[Page H10324]]
of paragraph (1), in the case of an applicable defined
benefit plan (within the meaning of section 203(f)(3)) which
provides variable interest crediting rates, the interest
crediting rate which is treated as in effect and as the
projected interest crediting rate shall be a reasonable
projection of such variable interest crediting rate, not to
exceed 6 percent.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after the
date of enactment of this Act.
SEC. 349. TERMINATION OF VARIABLE RATE PREMIUM INDEXING.
(a) In General.--Paragraph (8) of 4006(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)) is
amended by--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'';
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(viii) for plan years beginning after calendar year 2023,
$52.'';
(2) in subparagraph (B), in the matter preceding clause
(i), by inserting ``and before 2024'' after ``2012'' ; and
(3) in subparagraph (D)(vii), by inserting ``and before
2024'' after ``2019''.
(b) Technical Amendment.--Clause (i) of section
4006(a)(3)(E) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1306(a)(3)(E)) is amended by striking
``subparagraph (H)'' and inserting ``subparagraph (I)''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 350. SAFE HARBOR FOR CORRECTIONS OF EMPLOYEE ELECTIVE
DEFERRAL FAILURES.
(a) In General.--Section 414, as amended by the preceding
provisions of this Act, is further amended by adding at the
end the following new subsection:
``(cc) Correcting Automatic Contribution Errors.--
``(1) In general.--Any plan or arrangement shall not fail
to be treated as a plan described in sections 401(a), 403(b),
408, or 457(b), as applicable, solely by reason of a
corrected error.
``(2) Corrected error defined.--For purposes of this
subsection, the term `corrected error' means a reasonable
administrative error--
``(A)(i) made in implementing an automatic enrollment or
automatic escalation feature with respect to an eligible
employee (or an affirmative election made by an eligible
employee covered by such feature), or
``(ii) made by failing to afford an eligible employee the
opportunity to make an affirmative election because such
employee was improperly excluded from the plan], and
``(B) that is corrected prospectively by implementing an
automatic enrollment or automatic escalation feature with
respect to an eligible employee (or an affirmative election
made by an eligible employee) determined in accordance with
the terms of an eligible automatic contribution arrangement
(as defined under subsection (w)(3)), provided that--
``(i) such implementation error is corrected not later
than--
``(I) the date of the first payment of compensation made by
the employer to the employee on or after the last day of the
9\1/2\ month-period after the end of the plan year during
which such error with respect to the employee first occurred,
or
``(II) if earlier in the case of an employee who notifies
the plan sponsor of such error, the date of the first payment
of compensation made by the employer to the employee on or
after the last day of the month following the month in which
such notification was made,
``(ii) in the case of an employee who would have been
entitled to additional matching contributions had any missed
elective deferral been made, the plan sponsor makes a
corrective allocation, not later than the deadline specified
by the Secretary in regulations or other guidance prescribed
under paragraph (3), of matching contributions on behalf of
the employee in an amount equal to the additional matching
contributions to which the employee would have been so
entitled (adjusted to account for earnings had the missed
elective deferrals been made).
``(iii) such implementation error is of a type which is so
corrected for all similarly situated participants in a
nondiscriminatory manner,
``(iv) notice of such error is given to the employee not
later than 45 days after the date on which correct deferrals
begin, and
``(v) the notice under clause (iv) satisfies such
regulations or other guidance as the Secretary prescribes
under paragraph (4).
Such correction may occur before or after the participant has
terminated employment and may occur without regard to whether
the error is identified by the Secretary.
``(3) No obligation for employer to restore missed elective
deferrals.--If the requirements of paragraph (2)(B) are
satisfied, the employer will not be required to provide
eligible employees with the missed amount of elective
deferrals resulting from a reasonable administrative error
described in paragraph (2)(A)(i) or (ii) through a qualified
nonelective contribution, or otherwise.
``(4) Regulations and guidance for favorable correction
methods.--The Secretary shall by regulations or other
guidance of general applicability prescribe--
``(A) the deadline for making a corrective allocation of
matching contributions required by paragraph (2)(B)(ii),
``(B) the content of the notice required by paragraph
(2)(B)(iv),
``(C) the manner in which the amount of the corrective
allocation under paragraph (2)(B)(ii) is determined,
``(D) the manner of adjustment to account for earnings on
matching contributions under paragraph (2)(B)(ii), and
``(E) such other rules as are necessary to carry out the
purposes of the subsection.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to any errors with respect to which
the date referred to in section 414(cc) (as added by this
section) is after December 31, 2023. Prior to the application
of any regulations or other guidance prescribed under
paragraph (3) of section 414(cc) of the Internal Revenue Code
of 1986 (as added by this section), taxpayers may rely upon
their reasonable good faith interpretations of the provisions
of such section.
TITLE IV--TECHNICAL AMENDMENTS
SEC. 401. AMENDMENTS RELATING TO SETTING EVERY COMMUNITY UP
FOR RETIREMENT ENHANCEMENT ACT OF 2019.
(a) Technical Amendments.--
(1) Amendments relating to section 103.--Section 401(m)(12)
is amended by striking ``and'' at the end of subparagraph
(A), by redesignating subparagraph (B) as subparagraph (C),
and by inserting after subparagraph (A) (as so amended) the
following new subparagraph:
``(B) meets the notice requirements of subsection
(k)(13)(E), and''.
(2) Amendments relating to section 112.--
(A) Section 401(k)(15)(B)(i)(II) is amended by striking
``subsection (m)(2)'' and inserting ``paragraphs (2), (11),
and (12) of subsection (m)''.
(B) Section 401(k)(15)(B)(iii) is amended by striking
``under the arrangement'' and inserting ``under the plan''.
(C) Section 401(k)(15)(B)(iv) is amended by striking
``section 410(a)(1)(A)(ii)'' and inserting ``paragraph
(2)(D)''.
(3) Amendment relating to section 116.--Section 4973(b) is
amended by adding at the end of the flush matter the
following: ``Such term shall not include any designated
nondeductible contribution (as defined in subparagraph (C) of
section 408(o)(2)) which does not exceed the nondeductible
limit under subparagraph (B) thereof by reason of an election
under section 408(o)(5).''.
(b) Clerical Amendments.--
(1) Section 72(t)(2)(H)(vi)(IV) is amended by striking
``403(b)(7)(A)(ii)'' and inserting `` 403(b)(7)(A)(i)''.
(2) Section 401(k)(12)(G) is amended by striking ``the
requirements under subparagraph (A)(i)'' and inserting ``the
contribution requirements under subparagraph (B) or (C)''.
(3) Section 401(k)(13)(D)(iv) is amended by striking ``and
(F)'' and inserting ``and (G)''.
(4) Section 408(o)(5)(A) is amended by striking
``subsection (b)'' and inserting ``section 219(b)''.
(5) Section 408A(c)(2)(A) is amended by striking ``(d)(1)
or''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the section of the
Setting Every Community Up for Retirement Enhancement Act of
2019 to which the amendment relates.
TITLE V--ADMINISTRATIVE PROVISIONS
SEC. 501. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any retirement
plan or contract amendment--
(1) such retirement plan or contract shall be treated as
being operated in accordance with the terms of the plan
during the period described in subsection (b)(2)(A); and
(2) except as provided by the Secretary of the Treasury (or
the Secretary's delegate), such retirement plan shall not
fail to meet the requirements of section 411(d)(6) of the
Internal Revenue Code of 1986 and section 204(g) of the
Employee Retirement Income Security Act of 1974 by reason of
such amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment
to any retirement plan or annuity contract which is made--
(A) pursuant to any amendment made by this Act or pursuant
to any regulation issued by the Secretary of the Treasury or
the Secretary of Labor (or a delegate of either such
Secretary) under this Act; and
(B) on or before the last day of the first plan year
beginning on or after January 1, 2025, or such later date as
the Secretary of the Treasury may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), or an
applicable collectively bargained plan, this paragraph shall
be applied by substituting ``2027'' for ``2025''. For
purposes of the preceding sentence, the term ``applicable
collectively bargained plan'' means a plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more employers
ratified before the date of enactment of this Act.
(2) Conditions.--This section shall not apply to any
amendment unless--
(A) during the period--
(i) beginning on the date the legislative or regulatory
amendment described in paragraph (1)(A) takes effect (or in
the case of a plan or contract amendment not required by such
legislative or regulatory amendment, the effective date
specified by the plan); and
(ii) ending on the date described in paragraph (1)(B) (as
modified by the second sentence of paragraph (1)) (or, if
earlier, the date the plan or contract amendment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect; and
(B) such plan or contract amendment applies retroactively
for such period.
(c) Coordination With Other Provisions Relating to Plan
Amendments.--
(1) SECURE act.--Section 601(b)(1) of the Setting Every
Community Up for Retirement Enhancement Act of 2019 is
amended--
[[Page H10325]]
(A) by striking ``January 1, 2022'' in subparagraph (B) and
inserting ``January 1, 2025'', and
(B) by striking ``substituting `2024' for `2022'.'' in the
flush matter at the end and inserting ``substituting `2027'
for `2025'.''.
(2) CARES act.--
(A) Special rules for use of retirement funds.--Section
2202(c)(2)(A) of the CARES Act is amended by striking
``January 1, 2022'' in clause (ii) and inserting ``January 1,
2025''.
(B) Temporary waiver of required minimum distributions
rules for certain retirement plans and accounts.--Section
2203(c)(2)(B)(i) of the CARES Act is amended--
(i) by striking ``January 1, 2022'' in subclause (II) and
inserting ``January 1, 2025'', and
(ii) by striking ``substituting `2024' for `2022'.'' in the
flush matter at the end and inserting ``substituting `2027'
for `2025'.''.
(C) Taxpayer certainty and disaster tax relief act of
2020.--Section 302(d)(2)(A) of the Taxpayer Certainty and
Disaster Tax Relief Act of 2020 is amended by striking
``January 1, 2022'' in clause (ii) and inserting ``January 1,
2025''.
TITLE VI--REVENUE PROVISIONS
SEC. 601. SIMPLE AND SEP ROTH IRAS.
(a) In General.--Section 408A is amended by striking
subsection (f).
(b) Rules Relating to Simplified Employee Pensions.--
(1) Contributions.--Section 402(h)(1) is amended by
striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(C) in the case of any contributions pursuant to a
simplified employer pension which are made to an individual
retirement plan designated as a Roth IRA, such contribution
shall not be excludable from gross income.''.
(2) Distributions.--Section 402(h)(3) is amended by
inserting ``(or section 408A(d) in the case of an individual
retirement plan designated as a Roth IRA)'' before the period
at the end.
(3) Election required.--Section 408(k) is amended by
redesignating paragraphs (7), (8), and (9) as paragraphs (8),
(9), and (10), respectively, and by inserting after paragraph
(6) the following new paragraph:
``(7) Roth contribution election.--An individual retirement
plan which is designated as a Roth IRA shall not be treated
as a simplified employee pension under this subsection unless
the employee elects for such plan to be so treated (at such
time and in such manner as the Secretary may provide).''.
(c) Rules Relating to Simple Retirement Accounts.--
(1) Election required.--Section 408(p), as amended by the
preceding provisions of this Act, is further amended by
adding at the end the following new paragraph:
``(12) Roth contribution election.--An individual
retirement plan which is designated as a Roth IRA shall not
be treated as a simple retirement account under this
subsection unless the employee elects for such plan to be so
treated (at such time and in such manner as the Secretary may
provide).''.
(2) Rollovers.--Section 408A(e) is amended by adding at the
end the following new paragraph:
``(3) Simple retirement accounts.--In the case of any
payment or distribution out of a simple retirement account
(as defined in section 408(p)) with respect to which an
election has been made under section 408(p)(12) and to which
72(t)(6) applies, the term `qualified rollover contribution'
shall not include any payment or distribution paid into an
account other than another simple retirement account (as so
defined).''.
(d) Conforming Amendment.--Section 408A(d)(2)(B) is amended
by inserting ``, or employer in the case of a simple
retirement account (as defined in section 408(p)) or
simplified employee pension (as defined in section 408(k)),''
after ``individual's spouse''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2022.
SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(B) PLANS.
(a) In General.--Section 403(b), as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
``(17) Special rules relating to hardship withdrawals.--For
purposes of paragraphs (7) and (11)--
``(A) Amounts which may be withdrawn.--The following
amounts may be distributed upon hardship of the employee:
``(i) Contributions made pursuant to a salary reduction
agreement (within the meaning of section 3121(a)(5)(D)).
``(ii) Qualified nonelective contributions (as defined in
section 401(m)(4)(C)).
``(iii) Qualified matching contributions described in
section 401(k)(3)(D)(ii)(I).
``(iv) Earnings on any contributions described in clause
(i), (ii), or (iii).
``(B) No requirement to take available loan.--A
distribution shall not be treated as failing to be made upon
the hardship of an employee solely because the employee does
not take any available loan under the plan.''.
(b) Conforming Amendments.--
(1) Section 403(b)(7)(A)(i)(V) is amended by striking ``in
the case of contributions made pursuant to a salary reduction
agreement (within the meaning of section 3121(a)(5)(D))'' and
inserting ``subject to the provisions of paragraph (17)''.
(2) Paragraph (11) of section 403(b), as amended by this
Act, is further amended--
(A) by striking ``in'' in subparagraph (B) and inserting
``subject to the provisions of paragraph (17), in'', and
(B) by striking the second sentence.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2023.
SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR
CONTRIBUTION LIMIT.
(a) Applicable Employer Plans.--Section 414(v) is amended
by adding at the end the following new paragraph:
``(7) Certain deferrals must be roth contributions.--
``(A) In general.--Except as provided in subparagraph (C),
in the case of an eligible participant whose wages (as
defined in section 3121(a)) for the preceding calendar year
from the employer sponsoring the plan exceed $145,000,
paragraph (1) shall apply only if any additional elective
deferrals are designated Roth contributions (as defined in
section 402A(c)(1)) made pursuant to an employee election.
``(B) Roth option.--In the case of an applicable employer
plan with respect to which subparagraph (A) applies to any
participant for a plan year, paragraph (1) shall not apply to
the plan unless the plan provides that any eligible
participant may make the participant's additional elective
deferrals as designated Roth contributions.
``(C) Exception.--Subparagraph (A) shall not apply in the
case of an applicable employer plan described in paragraph
(6)(A)(iv).
``(D) Election to change deferrals.--The Secretary may
provide by regulations that an eligible participant may elect
to change the participant's election to make additional
elective deferrals if the participant's compensation is
determined to exceed the limitation under subparagraph (A)
after the election is made.
``(E) Cost of living adjustment.--In the case of a year
beginning after December 31, 2024, the Secretary shall adjust
annually the $145,000 amount in subparagraph (A) for
increases in the cost-of-living at the same time and in the
same manner as adjustments under 415(d); except that the base
period taken into account shall be the calendar quarter
beginning July 1, 2023, and any increase under this
subparagraph which is not a multiple of $5,000 shall be
rounded to the next lower multiple of $5,000.''.
(b) Conforming Amendments.--
(1) Section 402(g)(1) is amended by striking subparagraph
(C).
(2) Section 457(e)(18)(A)(ii) is amended by inserting ``the
lesser of any designated Roth contributions made by the
participant to the plan or'' before ``the applicable dollar
amount''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2023.
SEC. 604. OPTIONAL TREATMENT OF EMPLOYER MATCHING OR
NONELECTIVE CONTRIBUTIONS AS ROTH
CONTRIBUTIONS.
(a) In General.--Section 402A(a) is amended by
redesignating paragraph (2) as paragraph (4), by striking
``and'' at the end of paragraph (1), and by inserting after
paragraph (1) the following new paragraphs:
``(2) any designated Roth contribution which pursuant to
the program is made by the employer on the employee's behalf
on account of the employee's contribution, elective deferral,
or (subject to the requirements of section 401(m)(13))
qualified student loan payment shall be treated as a matching
contribution for purposes of this chapter, except that such
contribution shall not be excludable from gross income,
``(3) any designated Roth contribution which pursuant to
the program is made by the employer on the employee's behalf
and which is a nonelective contribution shall be
nonforfeitable and shall not be excludable from gross income,
and''.
(b) Matching Included in Qualified Roth Contribution
Program.--Section 402A(b)(1) is amended--
(1) by inserting ``, or to have made on the employee's
behalf,'' after ``elect to make'', and
(2) by inserting ``, or of matching contributions or
nonelective contributions which may otherwise be made on the
employee's behalf,'' after ``otherwise eligible to make''.
(c) Designated Roth Matching Contributions.--Section
402A(c)(1) is amended by inserting ``, matching contribution,
or nonelective contribution'' after ``elective deferral''.
(d) Matching Contribution Defined.--Section 402A(f), as
redesignated by this Act, is amended by adding at the end the
following:
``(3) Matching contribution.--The term `matching
contribution' means--
``(A) any matching contribution described in section
401(m)(4)(A), and
``(B) any contribution to an eligible deferred compensation
plan (as defined in section 457(b)) by an eligible employer
described in section 457(e)(1)(A) on behalf of an employee
and on account of such employee's elective deferral under
such plan,
but only if such contribution is nonforfeitable at the time
received.''.
(e) Effective Date.--The amendments made by this section
shall apply to contributions made after the date of the
enactment of this Act.
SEC. 605. CHARITABLE CONSERVATION EASEMENTS.
(a) Limitation on Deduction.--
(1) In general.--Section 170(h) is amended by adding at the
end the following new paragraph:
``(7) Limitation on deduction for qualified conservation
contributions made by pass-through entities.--
``(A) In general.--A contribution by a partnership (whether
directly or as a distributive share of a contribution of
another partnership) shall not be treated as a qualified
conservation contribution for purposes of this section if the
amount of such contribution exceeds 2.5 times the sum of each
partner's relevant basis in such partnership.
``(B) Relevant basis.--For purposes of this paragraph--
[[Page H10326]]
``(i) In general.--The term `relevant basis' means, with
respect to any partner, the portion of such partner's
modified basis in the partnership which is allocable (under
rules similar to the rules of section 755) to the portion of
the real property with respect to which the contribution
described in subparagraph (A) is made.
``(ii) Modified basis.--The term `modified basis' means,
with respect to any partner, such partner's adjusted basis in
the partnership as determined--
``(I) immediately before the contribution described in
subparagraph (A),
``(II) without regard to section 752, and
``(III) by the partnership after taking into account the
adjustments described in subclauses (I) and (II) and such
other adjustments as the Secretary may provide.
``(C) Exception for contributions outside 3-year holding
period.--Subparagraph (A) shall not apply to any contribution
which is made at least 3 years after the latest of--
``(i) the last date on which the partnership that made such
contribution acquired any portion of the real property with
respect to which such contribution is made,
``(ii) the last date on which any partner in the
partnership that made such contribution acquired any interest
in such partnership, and
``(iii) if the interest in the partnership that made such
contribution is held through 1 or more partnerships--
``(I) the last date on which any such partnership acquired
any interest in any other such partnership, and
``(II) the last date on which any partner in any such
partnership acquired any interest in such partnership.
``(D) Exception for family partnerships.--
``(i) In general.--Subparagraph (A) shall not apply with
respect to any contribution made by any partnership if
substantially all of the partnership interests in such
partnership are held, directly or indirectly, by an
individual and members of the family of such individual.
``(ii) Members of the family.--For purposes of this
subparagraph, the term `members of the family' means, with
respect to any individual--
``(I) the spouse of such individual, and
``(II) any individual who bears a relationship to such
individual which is described in subparagraphs (A) through
(G) of section 152(d)(2).
``(E) Exception for contributions to preserve certified
historic structures.--Subparagraph (A) shall not apply to any
qualified conservation contribution the conservation purpose
of which is the preservation of any building which is a
certified historic structure (as defined in paragraph
(4)(C)).
``(F) Application to other pass-through entities.--Except
as may be otherwise provided by the Secretary, the rules of
this paragraph shall apply to S corporations and other pass-
through entities in the same manner as such rules apply to
partnerships.
``(G) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this paragraph,
including regulations or other guidance--
``(i) to require reporting, including reporting related to
tiered partnerships and the modified basis of partners, and
``(ii) to prevent the avoidance of the purposes of this
paragraph.''.
(2) Application of accuracy-related penalties.--
(A) In general.--Section 6662(b) is amended by inserting
after paragraph (9) the following new paragraph:
``(10) Any disallowance of a deduction by reason of section
170(h)(7).''.
(B) Treatment as gross valuation misstatement.--Section
6662(h)(2) is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(D) any disallowance of a deduction described in
subsection (b)(10).''.
(C) No reasonable cause exception.--Section 6664(c)(2) is
amended by inserting ``or to any disallowance of a deduction
described in section 6662(b)(10)'' before the period at the
end.
(D) Approval of assessment not required.--Section
6751(b)(2)(A) is amended by striking ``subsection (b)(9)''
and inserting ``paragraph (9) or (10) of subsection (b)''.
(3) Extension of statute of limitations for listed
transactions.--Any contribution with respect to which any
deduction was disallowed by reason of section 170(h)(7) of
the Internal Revenue Code of 1986 (as added by this
subsection) shall be treated for purposes of sections
6501(c)(10) and 6235(c)(6) of such Code as a transaction
specifically identified by the Secretary as a tax avoidance
transaction for purposes of section 6011 of such Code.
(b) Reporting Requirements.--Section 170(f) is amended by
adding at the end the following new paragraph:
``(19) Certain qualified conservation contributions.--
``(A) In general.--In the case of a qualified conservation
contribution to which this paragraph applies, no deduction
shall be allowed under subsection (a) for such contribution
unless the partnership making such contribution--
``(i) includes on its return for the taxable year in which
the contribution is made a statement that the partnership
made such a contribution, and
``(ii) provides such information about the contribution as
the Secretary may require.
``(B) Contributions to which this paragraph applies.--This
paragraph shall apply to any qualified conservation
contribution--
``(i) the conservation purpose of which is the preservation
of any building which is a certified historic structure (as
defined in subsection (h)(4)(C)),
``(ii) which is made by a partnership (whether directly or
as a distributive share of a contribution of another
partnership), and
``(iii) the amount of which exceeds 2.5 times the sum of
each partner's relevant basis (as defined in subsection
(h)(7)) in the partnership making the contribution.
``(C) Application to other pass-through entities.--Except
as may be otherwise provided by the Secretary, the rules of
this paragraph shall apply to S corporations and other pass-
through entities in the same manner as such rules apply to
partnerships.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to contributions made after the date of the enactment
of this Act.
(2) No inference.--No inference is intended as to the
appropriate treatment of contributions made in taxable years
ending on or before the date specified in paragraph (1), or
as to any contribution for which a deduction is not
disallowed by reason of section 170(h)(7) of the Internal
Revenue Code of 1986, as added by this section.
(d) Safe Harbors and Opportunity for Donor to Correct
Certain Deed Errors.--
(1) In general.--The Secretary of the Treasury (or such
Secretary's delegate) shall, within 120 days after the date
of the enactment of this Act, publish safe harbor deed
language for extinguishment clauses and boundary line
adjustments.
(2) Opportunity to correct.--
(A) In general.--During the 90-day period beginning on the
date of publication of the safe harbor deed language under
paragraph (1), a donor may amend an easement deed to
substitute the safe harbor language for the corresponding
language in the original deed if--
(i) the amended deed is signed by the donor and donee and
recorded within such 90-day period, and
(ii) such amendment is treated as effective as of the date
of the recording of the original easement deed.
(B) Exceptions.--Subparagraph (A) shall not apply to an
easement deed relating to any contribution--
(i) which--
(I) is part of a reportable transaction (as defined in
section 6707A(c)(1) of the Internal Revenue Code of 1986), or
(II) is described in Internal Revenue Service Notice 2017-
10,
(ii) which by reason of section 170(h)(7) of such Code, as
added by this section, is not treated as a qualified
conservation contribution,
(iii) if a deduction for such contribution under section
170 of such Code has been disallowed by the Secretary of the
Treasury (or such Secretary's delegate), and the donor is
contesting such disallowance in a case which is docketed in a
Federal court on a date before the date the amended deed is
recorded by the donor, or
(iv) if a claimed deduction for such contribution under
section 170 of such Code resulted in an underpayment to which
a penalty under section 6662 or 6663 of such Code applies
and--
(I) such penalty has been finally determined
administratively, or
(II) if such penalty is challenged in court, the judicial
proceeding with respect to such penalty has been concluded by
a decision or judgment which has become final.
SEC. 606. ENHANCING RETIREE HEALTH BENEFITS IN PENSION PLANS.
(a) Amendments to Internal Revenue Code of 1986.--
(1) Extension of transfers of excess pension assets to
retiree health accounts.--Paragraph (4) of section 420(b) is
amended by striking ``December 31, 2025'' and inserting
``December 31, 2032''.
(2) De minimis transfer rule.--
(A) In general.--Subsection (e) of section 420 is amended
by adding at the end the following new paragraph:
``(7) Special rule for de minimis transfers.--
``(A) In general.--In the case of a transfer of an amount
which is not more than 1.75 percent of the amount determined
under paragraph (2)(A) by a plan which meets the requirements
of subparagraph (B), paragraph (2)(B) shall be applied by
substituting `110 percent' for `125 percent'.
``(B) Two-year lookback requirement.--A plan is described
in this subparagraph if, as of any valuation date in each of
the 2 plan years immediately preceding the plan year in which
the transfer occurs, the amount determined under paragraph
(2)(A) exceeded 110 percent of the sum of the funding target
and the target normal cost determined under section 430 for
each such plan year.''.
(B) Cost maintenance period.--Subparagraph (D) of section
420(c)(3) is amended by striking ``5 taxable years'' and
inserting ``5 taxable years (7 taxable years in the case of a
transfer to which subsection (e)(7) applies)''.
(C) Conforming amendments.--
(i) Excess pension assets.--Clause (i) of section
420(f)(2)(B) is amended--
(I) by striking ``In general.--In'' and inserting ``In
general.--
``(I) Determination.--In'',
(II) by striking ``subsection (e)(2)'' and inserting
``subsection (e)(2)(B)'', and
(III) by adding at the end the following new subclause:
``(II) Special rule for collectively bargained transfers.--
In determining excess pension assets for purposes of a
collectively bargained transfer, subsection (e)(7) shall not
apply.''.
(ii) Minimum cost.--Subclause (I) of section
420(f)(2)(D)(i) is amended by striking ``4th year'' and
inserting ``4th year (the 6th year in the case of a transfer
to which subsection (e)(7) applies)''.
(b) Extension of Transfers of Excess Pension Assets to
Retiree Health Accounts Under Employee Retirement Income
Security Act of 1974.--
[[Page H10327]]
(1) Definitions.--Section 101(e)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3))
is amended by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015)'' and inserting ``(as in
effect on the date of enactment of the SECURE 2.0 Act of
2022)''.
(2) Use of assets.--Section 403(c)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1))
is amended by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015)'' and inserting ``(as in
effect on the date of enactment of the SECURE 2.0 Act of
2022)''.
(3) Exemption.--Section 408(b)(13) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(13)) is amended--
(A) by striking ``January 1, 2026'' and inserting ``January
1, 2033''; and
(B) by striking ``(as in effect on the date of the
enactment of the Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015)'' and inserting ``(as in
effect on the date of enactment of the SECURE 2.0 Act of
2022)''.
(c) Effective Date.--The amendments made by this section
shall apply to transfers made after the date of the enactment
of this Act.
TITLE VII--TAX COURT RETIREMENT PROVISIONS
SEC. 701. PROVISIONS RELATING TO JUDGES OF THE TAX COURT.
(a) Thrift Savings Plan Contributions for Judges in the
Federal Employees Retirement System.--
(1) In general.--Subsection (j)(3)(B) of section 7447 is
amended to read as follows:
``(B) Contributions for benefit of judge.--No contributions
under section 8432(c) of title 5, United States Code, shall
be made for the benefit of a judge who has filed an election
to receive retired pay under subsection (e).''.
(2) Offset.--Paragraph (3) of section 7447(j) is amended by
adding at the end the following new subparagraph:
``(F) Offset.--In the case of a judge who receives a
distribution from the Thrift Savings Plan and who later
receives retired pay under subsection (d), the retired pay
shall be offset by an amount equal to the amount of the
distribution which represents the Government's contribution
to the individual's Thrift Savings Account during years of
service as a full-time judicial officer under the Federal
Employees Retirement System, without regard to earnings
attributable to such amount. Where such an offset would
exceed 50 percent of the retired pay to be received in the
first year, the offset may be divided equally over the first
2 years in which the individual receives the annuity.''.
(3) Effective date.--The amendments made by this subsection
shall apply to basic pay earned while serving as a judge of
the United States Tax Court on or after the date of the
enactment of this Act.
(b) Change in Vesting Period for Survivor Annuities and
Waiver of Vesting Period in the Event of Assassination.--
(1) Eligibility in case of death.--Subsection (h) of
section 7448 is amended to read as follows:
``(h) Entitlement to Annuity.--
``(1) In general.--
``(A) Annuity to surviving spouse.--If a judge or special
trial judge described in paragraph (2) is survived by a
surviving spouse but not by a dependent child, there shall be
paid to such surviving spouse an annuity beginning with the
day of the death of the judge or special trial judge or
following the surviving spouse's attainment of age 50,
whichever is the later, in an amount computed as provided in
subsection (m).
``(B) Annuity to surviving spouse and child.--If a judge or
special trial judge described in paragraph (2) is survived by
a surviving spouse and dependent child or children, there
shall be paid to such surviving spouse an annuity, beginning
on the day of the death of the judge or special trial judge,
in an amount computed as provided in subsection (m), and
there shall also be paid to or on behalf of each such child
an immediate annuity equal to the lesser of--
``(i) 10 percent of the average annual salary of such judge
or special trial judge (determined in accordance with
subsection (m)), or
``(ii) 20 percent of such average annual salary, divided by
the number of such children.
``(C) Annuity to surviving dependent children.--If a judge
or special trial judge described in paragraph (2) leaves no
surviving spouse but leaves a surviving dependent child or
children, there shall be paid to or on behalf of each such
child an immediate annuity equal to the lesser of--
``(i) 20 percent of the average annual salary of such judge
or special trial judge (determined in accordance with
subsection (m)), or
``(ii) 40 percent of such average annual salary divided by
the number of such children.
``(2) Covered judges.--Paragraph (1) applies to any judge
or special trial judge electing under subsection (b)--
``(A) who dies while a judge or special trial judge after
having rendered at least 18 months of civilian service
computed as prescribed in subsection (n), for the last 18
months of which the salary deductions provided for by
subsection (c)(1) or the deposits required by subsection (d)
have actually been made or the salary deductions required by
the civil service retirement laws have actually been made, or
``(B) who dies by assassination after having rendered less
than 18 months of civilian service computed as prescribed in
subsection (n) if, for the period of such service, the salary
deductions provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made.
``(3) Termination of annuity.--
``(A) Surviving spouse.--The annuity payable to a surviving
spouse under this subsection shall be terminable upon such
surviving spouse's death or such surviving spouse's
remarriage before attaining age 55.
``(B) Surviving child.--Any annuity payable to a child
under this subsection shall be terminable upon the earliest
of--
``(i) the child's attainment of age 18,
``(ii) the child's marriage, or
``(iii) the child's death,
except that if such child is incapable of self-support by
reason of mental or physical disability the child's annuity
shall be terminable only upon death, marriage, or recovery
from such disability.
``(C) Dependent child after death of surviving spouse.--In
case of the death of a surviving spouse of a judge or special
trial judge leaving a dependent child or children of the
judge or special trial judge surviving such spouse, the
annuity of such child or children shall be recomputed and
paid as provided in paragraph (1)(C).
``(D) Recomputation with respect to other dependent
children.--In any case in which the annuity of a dependent
child is terminated under this subsection, the annuities of
any remaining dependent child or children based upon the
service of the same judge or special trial judge shall be
recomputed and paid as though the child whose annuity was so
terminated had not survived such judge.
``(E) Special rule for assassinated judges.--In the case of
a survivor of a judge or special trial judge described in
paragraph (2)(B), there shall be deducted from the annuities
otherwise payable under this section an amount equal to the
amount of salary deductions that would have been made if such
deductions had been made for 18 months prior to the death of
the judge or special trial judge.''.
(2) Definition of assassination.--Section 7448(a) is
amended by adding at the end the following new paragraph:
``(10) The terms `assassinated' and `assassination' mean
the killing of a judge or special trial judge that is
motivated by the performance by the judge or special trial
judge of his or her official duties.''.
(3) Determination of assassination.--Subsection (i) of
section 7448 is amended--
(A) by striking ``of Dependency and Disability.--
Questions'' and inserting ``by Chief Judge.--
``(1) Dependency and disability.--Questions'', and
(B) by adding at the end the following new paragraph:
``(2) Assassination.--The chief judge shall determine
whether the killing of a judge or special trial judge was an
assassination, subject to review only by the Tax Court. The
head of any Federal agency that investigates the killing of a
judge or special trial judge shall provide to the chief judge
any information that would assist the chief judge in making
such a determination.''.
(4) Computation of annuities.--Section 7448(m) is amended
to read as follows:
``(m) Computation of Annuities.--The annuity of the
surviving spouse of a judge or special trial judge electing
under subsection (b) shall be an amount equal to the sum of--
``(1) the product of--
``(A) 1.5 percent of the average annual salary (whether
judge's or special trial judge's salary or compensation for
other allowable service) received by such judge or special
trial judge--
``(i) for judicial service (including periods in which he
received retired pay under section 7447(d), section 7447A(d),
or any annuity under chapter 83 or 84 of title 5, United
States Code) or for any other prior allowable service during
the period of 3 consecutive years in which such judge or
special trial judge received the largest such average annual
salary, or
``(ii) in the case of a judge or special trial judge who
has served less than 3 years, during the total period of such
service prior to such judge's or special trial judge's death,
multiplied by the sum of, multiplied by
``(B) the sum of--
``(i) the judge's or special trial judge's years of such
judicial service,
``(ii) the judge's or special trial judge's years of prior
allowable service as a Senator, Representative, Delegate, or
Resident Commissioner in Congress,
``(iii) the judge's or special trial judge's years of prior
allowable service performed as a member of the Armed Forces
of the United States, and
``(iv) the judge's or special trial judge's years, not
exceeding 15, of prior allowable service performed as a
congressional employee (as defined in section 2107 of title 5
of the United States Code), plus
``(2) three-fourths of 1 percent of such average annual
salary multiplied by the judge's years of any other prior
allowable service,
except that such annuity shall not exceed an amount equal to
50 percent of such average annual salary, nor be less than an
amount equal to 25 percent of such average annual salary, and
shall be further reduced in accordance with subsection (d)
(if applicable). In determining the period of 3 consecutive
years referred to in the preceding sentence, there may not be
taken into account any period for which an election under
section 7447(f)(4) is in effect.''.
(5) Other benefits.--Section 7448 is amended by adding at
the end the following new subsection:
``(u) Other Benefits in Case of Assassination.--In the case
of a judge or special trial judge who is assassinated, an
annuity shall be paid under this section notwithstanding a
survivor's eligibility for or receipt of benefits under
chapter 81 of title 5, United States Code, except that the
annuity for which a surviving spouse is eligible under this
section shall be reduced to the extent that the total
benefits paid under this section and chapter 81 of that title
for any year
[[Page H10328]]
would exceed the current salary for that year of the office
of the judge or special trial judge.''.
(c) Coordination of Retirement and Survivor Annuity With
the Federal Employees Retirement System.--
(1) Retirement.--Section 7447 is amended--
(A) by striking ``section 8331(8)'' in subsection (g)(2)(C)
and inserting ``sections 8331(8) and 8401(19)'', and
(B) by striking ``Civil Service Commission'' both places it
appears in subsection (i)(2) and inserting ``Office of
Personnel Management''.
(2) Annuities to surviving spouses and dependent
children.--Section 7448 is amended--
(A) by striking ``section 8332'' in subsection (d) and
inserting ``sections 8332 and 8411'', and
(B) by striking ``section 8332'' in subsection (n) and
inserting ``sections 8332 and 8411''.
(d) Limit on Teaching Compensation of Retired Judges.--
(1) In general.--Section 7447 is amended by adding at the
end the following new subsection:
``(k) Teaching Compensation of Retired Judges.--For
purposes of the limitation under section 501(a) of the Ethics
in Government Act of 1978 (5 U.S.C. App.), any compensation
for teaching approved under section 502(a)(5) of such Act
shall not be treated as outside earned income when received
by a judge of the United States Tax Court who has retired
under subsection (b) for teaching performed during any
calendar year for which such a judge has met the requirements
of subsection (c), as certified by the chief judge, or has
retired under subsection (b)(4).''.
(2) Effective date.--The amendment made by this subsection
shall apply to any individual serving as a retired judge of
the United States Tax Court on or after the date of the
enactment of this Act.
(e) Effective Date.--Except as otherwise provided, the
amendments made by this section shall take effect on the date
of the enactment of this Act.
SEC. 702. PROVISIONS RELATING TO SPECIAL TRIAL JUDGES OF THE
TAX COURT.
(a) Retirement and Recall for Special Trial Judges.--Part I
of subchapter C of chapter 76 is amended by inserting after
section 7447 the following new section:
``SEC. 7447A. RETIREMENT FOR SPECIAL TRIAL JUDGES.
``(a) In General.--
``(1) Retirement.--Any special trial judge appointed
pursuant to section 7443A may retire from service as a
special trial judge if the individual meets the age and
service requirements set forth in the following table:
------------------------------------------------------------------------
And the years of service as a
``If the special trial judge has attained special trial judge are at
age: least:
------------------------------------------------------------------------
65 15
66 14
67 13
68 12
69 11
70 10.
------------------------------------------------------------------------
``(2) Length of service.--In making any determination of
length of service as a special trial judge there shall be
included all periods (whether or not consecutive) during
which an individual served as a special trial judge
``(b) Retirement Upon Disability.--Any special trial judge
appointed pursuant to section 7443A who becomes permanently
disabled from performing such individual's duties shall
retire from service as a special trial judge.
``(c) Recalling of Retired Special Trial Judges.--Any
individual who has retired pursuant to subsection (a) may be
called upon by the chief judge to perform such judicial
duties with the Tax Court as may be requested of such
individual for a period or periods specified by the chief
judge, except that in the case of any such individual--
``(1) the aggregate of such periods in any 1 calendar year
shall not (without the consent of such individual) exceed 90
calendar days, and
``(2) such individual shall be relieved of performing such
duties during any period in which illness or disability
precludes the performance of such duties.
Any act, or failure to act, by an individual performing
judicial duties pursuant to this subsection shall have the
same force and effect as if it were the act (or failure to
act) of a special trial judge. Any individual who is
performing judicial duties pursuant to this subsection shall
be paid the same compensation (in lieu of retired pay) and
allowances for travel and other expenses as a special trial
judge.
``(d) Retired Pay.--
``(1) In general.--Any individual who retires pursuant to
subsection (a) and elects under subsection (e) to receive
retired pay under this subsection shall receive retired pay
during any period of retirement from service as a special
trial judge at a rate which bears the same ratio to the rate
of the salary payable to a special trial judge during such
period as--
``(A) the number of years such individual has served as
special trial judge bears to,
``(B) 15,
except that the rate of such retired pay shall not be more
than the rate of such salary for such period.
``(2) Retirement upon disability.--Any individual who
retires pursuant to subsection (b) and elects under
subsection (e) to receive retired pay under this subsection
shall receive retired pay during any period of retirement
from service as a special trial judge--
``(A) at a rate equal to the rate of the salary payable to
a special trial judge during such period, if the individual
had at least 10 years of service as a special trial judge
before retirement, and
``(B) at a rate equal to \1/2\ the rate described in
subparagraph (A), if the individual had fewer than 10 years
of service as a special trial judge before retirement.
``(3) Beginning date and payment.--Retired pay under this
subsection shall begin to accrue on the day following the
date on which the individual's salary as a special trial
judge ceases to accrue, and shall continue to accrue during
the remainder of such individual's life. Retired pay under
this subsection shall be paid in the same manner as the
salary of a special trial judge.
``(4) Partial years.--In computing the rate of the retired
pay for an individual to whom paragraph (1) applies, any
portion of the aggregate number of years such individual has
served as a special trial judge which is a fractional part of
1 year shall be eliminated if it is less than 6 months, or
shall be counted as a full year if it is 6 months or more.
``(5) Recalled service.--In computing the rate of the
retired pay for an individual to whom paragraph (1) applies,
any period during which such individual performs services
under subsection (c) on a substantially full-time basis shall
be treated as a period during which such individual has
served as a special trial judge.
``(e) Election to Receive Retired Pay.--Any special trial
judge may elect to receive retired pay under subsection (d).
Such an election--
``(1) may be made only while an individual is a special
trial judge (except that in the case of an individual who
fails to be reappointed as a special trial judge, such
election may be made within 60 days after such individual
leaves office as a special trial judge),
``(2) once made, shall be irrevocable, and
``(3) shall be made by filing notice thereof in writing
with the chief judge.
The chief judge shall transmit to the Office of Personnel
Management a copy of each notice filed with the chief judge
under this subsection.
``(f) Other Rules Made Applicable.--The rules of
subsections (f), (g), (h)(2), (i), and (j), and the first
sentence of subsection (h)(1), of section 7447 shall apply to
a special trial judge in the same manner as a judge of the
Tax Court. For purposes of the preceding sentence, any
reference to the President in such subsections shall be
applied as if it were a reference to the chief judge.''.
(b) Conforming Amendments.--
(1) Section 3121(b)(5)(E) is amended by inserting ``or
special trial judge'' before ``of the United States Tax
Court''.
(2) Section 7448(b)(2) is amended to read as follows:
``(2) Special trial judges.--Any special trial judge may by
written election filed with the chief judge elect the
application of this section. Such election shall be filed
while such individual is a special trial judge.''.
(3) Section 210(a)(5)(E) of the Social Security Act (42
U.S.C. 410(a)(5)(E)) is amended by inserting ``or special
trial judge'' before ``of the United States Tax Court''.
(c) Clerical Amendment.--The table of sections for part I
of subchapter C of chapter 76 is amended by inserting after
the item relating to section 7447 the following new item:
``Sec. 7447A. Retirement for special trial judges.''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that section 7447A(e) of the Internal Revenue Code of
1986 (as added by this section) shall take effect on the date
that is 180 days after such date of enactment. Special trial
judges retiring on or after the date of the enactment of this
Act, and before the date that is 180 days after the date of
such enactment, may file an election under such section not
later than 60 days after such date.
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022''.
[[Page H10329]]
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Access to Care
Sec. 101. Expansion of eligibility for hospital care, medical services,
and nursing home care from the Department of Veterans
Affairs to include veterans of World War II.
Sec. 102. Department of Veterans Affairs treatment and research of
prostate cancer.
Subtitle B--Health Care Employees
Sec. 111. Third party review of appointees in Veterans Health
Administration who had a license terminated for cause and
notice to individuals treated by those appointees if
determined that an episode of care or services that they
received was below the standard of care.
Sec. 112. Compliance with requirements for examining qualifications and
clinical abilities of health care professionals of
Department of Veterans Affairs.
Subtitle C--Care From Non-Department of Veterans Affairs Providers
Chapter 1--Wait Times for Care
Sec. 121. Calculation of wait time for purposes of eligibility under
Veterans Community Care Program.
Sec. 122. Plan regarding informing veterans of expected wait times for
appointments for care.
Chapter 2--Improvement of Provision of Care
Sec. 125. Modifications to access standards for care furnished through
Community Care Program of Department of Veterans Affairs.
Sec. 126. Strategic plan to ensure continuity of care in the case of
the realignment of a medical facility of the Department.
Chapter 3--Community Care Self-scheduling Pilot Program
Sec. 131. Definitions.
Sec. 132. Pilot program establishing community care appointment self-
scheduling technology.
Sec. 133. Appointment self-scheduling capabilities.
Sec. 134. Report.
Chapter 4--Administration of Non-Department Care
Sec. 141. Credentialing verification requirements for providers of non-
Department of Veterans Affairs health care services.
Sec. 142. Claims for payment from Department of Veterans Affairs for
emergency treatment furnished to veterans.
Sec. 143. Publication of clarifying information for non-Department of
Veterans Affairs providers.
Sec. 144. Inapplicability of certain providers to provide non-
Department of Veterans Affairs care.
Subtitle D--Improvement of Rural Health and Telehealth
Sec. 151. Establishment of strategic plan requirement for Office of
Connected Care of Department of Veterans Affairs.
Sec. 152. Comptroller General report on transportation services by
third parties for rural veterans.
Sec. 153. Comptroller General report on telehealth services of the
Department of Veterans Affairs.
Subtitle E--Care for Aging Veterans
Sec. 161. Strategy for long-term care for aging veterans.
Sec. 162. Improvement of State veterans homes.
Sec. 163. Geriatric psychiatry pilot program at State veterans homes.
Sec. 164. Support for aging veterans at risk of or experiencing
homelessness.
Sec. 165. Secretary of Veterans Affairs contract authority for payment
of care for veterans in non-Department of Veterans
Affairs medical foster homes.
Subtitle F--Foreign Medical Program
Sec. 171. Analysis of feasibility and advisability of expanding
assistance and support to caregivers to include
caregivers of veterans in the Republic of the
Philippines.
Sec. 172. Comptroller General report on Foreign Medical Program of
Department of Veterans Affairs.
Subtitle G--Research Matters
Sec. 181. Inapplicability of Paperwork Reduction Act.
Sec. 182. Research and Development.
Sec. 183. Expansion of hiring authorities for certain classes of
research occupations.
Sec. 184. Comptroller General study on dedicated research time for
certain personnel of the Department of Veterans Affairs.
Subtitle H--Mental Health Care
Sec. 191. Analysis of feasibility and advisability of Department of
Veterans Affairs providing evidence-based treatments for
the diagnosis of treatment-resistant depression.
Sec. 192. Modification of resource allocation system to include peer
specialists.
Sec. 193. Gap analysis of psychotherapeutic interventions of the
Department of Veterans Affairs.
Sec. 193A. Prohibition on collection of copayments for first three
mental health care outpatient visits of veterans.
Subtitle I--Other Matters
Sec. 194. Requirement for ongoing independent assessments of health
care delivery systems and management processes of the
Department of Veterans Affairs.
Sec. 195. Improved transparency of, access to, and usability of data
provided by Department of Veterans Affairs.
TITLE II--BENEFITS MATTERS
Subtitle A--Benefits Generally
Sec. 201. Improvements to process of the Department of Veterans Affairs
for clothing allowance claims.
Sec. 202. Medical opinions for certain veterans with service-connected
disabilities who die of COVID-19.
Sec. 203. Enhanced loan underwriting methods.
Sec. 204. Department of Veterans Affairs loan fees.
Subtitle B--Education
Sec. 211. Native VetSuccess at Tribal Colleges and Universities Pilot
Program.
Sec. 212. Education for separating members of the Armed Forces
regarding registered apprenticeships.
Sec. 213. Websites regarding apprenticeship programs.
Sec. 214. Transfer of entitlement to Post-9/11 Educational Assistance
Program of Department of Veterans Affairs.
Sec. 215. Use of entitlement under Department of Veterans Affairs
Survivors' and Dependents' Educational Assistance Program
for secondary school education.
Sec. 216. Establishment of protections for a member of the Armed Forces
who leaves a course of education, paid for with certain
educational assistance, to perform certain service.
Subtitle C--GI Bill National Emergency Extended Deadline Act
Sec. 231. Short title.
Sec. 232. Extension of time limitation for use of entitlement under
Department of Veterans Affairs educational assistance
programs by reason of school closures due to emergency
and other situations.
Sec. 233. Extension of period of eligibility by reason of school
closures due to emergency and other situations under
Department of Veterans Affairs training and
rehabilitation program for veterans with service-
connected disabilities.
Sec. 234. Period for eligibility under Survivors' And Dependents'
Educational Assistance Program of Department of Veterans
Affairs.
Subtitle D--Rural Veterans Travel Enhancement
Sec. 241. Comptroller General of the United States report on fraud,
waste, and abuse of the Department of Veterans Affairs
beneficiary travel program.
Sec. 242. Comptroller General study and report on effectiveness of
Department of Veterans Affairs beneficiary travel program
mileage reimbursement and deductible amounts.
Sec. 243. Department of Veterans Affairs transportation pilot program
for low income veterans.
Sec. 244. Pilot program for travel cost reimbursement for accessing
readjustment counseling services.
Subtitle E--VA Beneficiary Debt Collection Improvement Act
Sec. 251. Short title.
Sec. 252. Prohibition of debt arising from overpayment due to delay in
processing by the Department of Veterans Affairs.
Sec. 253. Prohibition on Department of Veterans Affairs interest and
administrative cost charges for debts relating to certain
benefits programs.
Sec. 254. Extension of window to request relief from recovery of debt
arising under laws administered by the Secretary of
Veterans Affairs.
Sec. 255. Reforms relating to recovery by Department of Veterans
Affairs of amounts owed by individuals to the United
States.
TITLE III--HOMELESSNESS MATTERS
Sec. 301. Adjustments of grants awarded by the Secretary of Veterans
Affairs for comprehensive service programs to serve
homeless veterans.
Sec. 302. Modifications to program to improve retention of housing by
formerly homeless veterans and veterans at risk of
becoming homeless.
Sec. 303. Modifications to homeless veterans reintegration programs.
Sec. 304. Expansion and extension of Department of Veterans Affairs
housing assistance for homeless veterans.
Sec. 305. Training and technical assistance provided by Secretary of
Veterans Affairs to certain entities.
[[Page H10330]]
Sec. 306. Modification of eligibility requirements for entities
collaborating with the Secretary of Veterans Affairs to
provide case management services to homeless veterans in
the Department of Housing and Urban Development-
Department of Veterans Affairs supported housing program.
Sec. 307. Department of Veterans Affairs sharing of information
relating to coordinated entry processes for housing and
services operated under Department of Housing and Urban
Development Continuum of Care Program.
Sec. 308. Department of Veterans Affairs communication with employees
responsible for homelessness assistance programs.
Sec. 309. System for sharing and reporting data.
Sec. 310. Pilot program on grants for health care for homeless
veterans.
Sec. 311. Pilot program on award of grants for substance use disorder
recovery for homeless veterans.
Sec. 312. Report by Comptroller General of the United States on
affordable housing for veterans.
Sec. 313. Study on financial and credit counseling.
TITLE IV--OTHER MATTERS
Sec. 401. Department of Veterans Affairs supply chain resiliency.
Sec. 402. Improvements to equal employment opportunity functions of
Department of Veterans Affairs.
Sec. 403. Department of Veterans Affairs Information Technology Reform
Act of 2022.
Sec. 404. Report on information technology dashboard information.
Sec. 405. Improvements to transparency of law enforcement operations of
Department of Veterans Affairs.
Sec. 406. Plan for reduction of backlog of Freedom of Information Act
requests.
Sec. 407. Medal of Honor special pension technical correction.
Sec. 408. Imposition of cap on employees of the Department of Veterans
Affairs who provide equal employment opportunity
counseling.
TITLE I--HEALTH CARE MATTERS
Subtitle A--Access to Care
SEC. 101. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL
SERVICES, AND NURSING HOME CARE FROM THE
DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE
VETERANS OF WORLD WAR II.
(a) In General.--Section 1710(a)(2)(E) of title 38, United
States Code, is amended by striking ``of the Mexican border
period or of World War I;'' and inserting ``of--
``(i) the Mexican border period;
``(ii) World War I; or
``(iii) World War II;''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on March 31, 2023.
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS TREATMENT AND
RESEARCH OF PROSTATE CANCER.
(a) Findings.--Congress makes the following findings:
(1) Prostate cancer is the number one cancer diagnosed in
the Veterans Health Administration.
(2) A 1996 report published by the National Academy of
Sciences, Engineering, and Medicine established a link
between prostate cancer and exposure to herbicides, such as
Agent Orange.
(3) It is essential to acknowledge that due to these
circumstances, certain veterans are made aware that they are
high-risk individuals when it comes to the potential to
develop prostate cancer.
(4) In being designated as ``high risk'', it is essential
that veterans are proactive in seeking earlier preventative
clinical services for the early detection and successful
treatment of prostate cancer, whether that be through the
Veterans Health Administration or through a community
provider.
(5) Clinical preventative services and initial detection
are some of the most important components in the early
detection of prostate cancer for veterans at high risk of
prostate cancer.
(6) For veterans with prostate cancer, including prostate
cancer that has metastasized, precision oncology, including
biomarker-driven clinical trials and innovations underway
through the Prostate Cancer Foundation and Department of
Veterans Affairs partnership, represents one of the most
promising areas of interventions, treatments, and cures for
such veterans and their families.
(b) Establishment of Clinical Pathway.--
(1) In general.--Not later than 365 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall establish an interdisciplinary clinical pathway for all
stages of prostate cancer, from early detection to end of
life care. The clinical pathway shall be established in the
National Surgery Office of the Department of Veterans Affairs
in close collaboration with the National Program Office of
Oncology, the Office of Research and Development, and other
relevant entities of the Department, including Primary Care.
(2) Elements.--The national clinical pathway established
under this subsection shall include the following elements:
(A) A diagnosis pathway for prostate cancer that includes
early screening and diagnosis protocol, including screening
recommendations for veterans with evidence-based risk
factors.
(B) A treatment pathway that details the respective roles
of each office of the Department that will interact with
veterans receiving prostate cancer care, including treatment
protocol recommendations for veterans with evidence-based
risk factors.
(C) Treatment recommendations for all stages of prostate
cancer that reflect nationally recognized standards for
oncology, including National Comprehensive Cancer Network
guidelines. xt>
(D) A suggested protocol timeframe for each point of care,
from early screening to treatment and end-of-life care, based
on severity and stage of cancer.
(E) A plan that includes, as appropriate, both Department
medical facilities and community-based partners and providers
and research centers specializing in prostate cancer,
especially such centers that have entered into partnerships
with the Department.
(3) Collaboration and coordination.--In establishing the
clinical pathway required under this section, the Secretary
may collaborate and coordinate with--
(A) the National Institutes of Health;
(B) the National Cancer Institute;
(C) the National Institute on Minority Health and Health
Disparities;
(D) the Centers for Disease Control and Prevention;
(E) the Centers for Medicare and Medicaid Services;
(F) the Patient-Centered Outcomes Research Institute;
(G) the Food and Drug Administration;
(H) the Department of Defense; and
(I) other Institutes and Centers as the Secretary
determines necessary.
(4) Consultation requirement.--In establishing the clinical
pathway required under this section, the Secretary shall
consult with, and incorporate feedback from, veterans who
have received prostate cancer care at Department medical
facilities as well as experts in multi-disciplinary cancer
care and clinical research.
(5) Publication.--The Secretary shall--
(A) publish the clinical pathway established under this
subsection on a publicly available Department website; and
(B) update the clinical pathway as needed by review of the
medical literature and available evidence-based guidelines at
least annually, in accordance with the criteria under
paragraph (2).
(c) Development of Comprehensive Prostate Cancer Program
and Implementation of the Prostate Cancer Clinical Pathway.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
Congress a plan to establish a prostate cancer program using
the comprehensive prostate cancer clinical pathway developed
under subsection (b).
(2) Program requirements.--The comprehensive prostate
cancer program shall--
(A) receive direct oversight from the Deputy Undersecretary
for Health of the Department of Veterans Affairs;
(B) include a yearly program implementation evaluation to
facilitate replication for other disease states or in other
healthcare institutions;
(C) be metric driven and include the development of
biannual reports on the quality of prostate cancer care,
which shall be provided to the leadership of the Department,
medical centers, and providers and made publicly available in
an electronic form; and
(D) include an education plan for patients and providers.
(3) Program implementation evaluation.--The Secretary shall
establish a program evaluation tool to learn best practices
and to inform the Department and Congress regarding further
use of the disease specific model of care delivery.
(4) Prostate cancer research.--The Secretary shall submit
to Congress a plan that provides for continual funding
through the Office of Research and Development of the
Department of Veterans for supporting prostate cancer
research designed to position the Department as a national
resource for prostate cancer detection and treatment. Such
plan shall--
(A) include details regarding the funding of and
coordination between the National Precision Oncology Program
of the Department and the PCF-VA Precision Oncology Centers
of Excellence as related to the requirements of this Act; and
(B) affirm that no funding included in such funding plan is
duplicative in nature.
(d) Report on National Registry.--The Secretary of Veterans
Affairs shall submit to Congress a report on the barriers and
challenges associated with creating a national prostate
cancer registry. Such report shall include recommendations
for centralizing data about veterans with prostate cancer for
the purpose of improving outcomes and serving as a resource
for providers.
(e) Definitions.--In this section:
(1) Clinical pathway.--The term ``clinical pathway'' means
a health care management tool designed around research and
evidence-backed practices that provides direction for the
clinical care and treatment of a specific episode of a
condition or ailment.
(2) Evidence-based risk factors.--The term ``evidence-based
risk factors'' includes race, ethnicity, socioeconomic
status, geographic location, exposure risks, genetic risks,
including family history, and such other factors as the
Secretary determines appropriate.
Subtitle B--Health Care Employees
SEC. 111. THIRD PARTY REVIEW OF APPOINTEES IN VETERANS HEALTH
ADMINISTRATION WHO HAD A LICENSE TERMINATED FOR
CAUSE AND NOTICE TO INDIVIDUALS TREATED BY
THOSE APPOINTEES IF DETERMINED THAT AN EPISODE
OF CARE OR SERVICES THAT THEY RECEIVED WAS
BELOW THE STANDARD OF CARE.
(a) Third Party Review.--
[[Page H10331]]
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall enter into a contract or other agreement with an
organization that is not part of the Federal Government to
conduct a clinical review for quality management of hospital
care or medical services furnished by covered providers.
(2) Qualifications.--The Secretary shall ensure that each
review of a covered provider under this subsection is
performed by an individual who is licensed in the same
specialty as the covered provider.
(b) Notice to Patients Treated by Covered Providers.--With
respect to hospital care or medical services furnished by a
covered provider under the laws administered by the
Secretary, if a clinical review for quality management under
subsection (a) determines that the standard of care was not
met during an episode of care, the Secretary shall notify the
individual who received such care or services from the
covered provider as described in applicable policy of the
Veterans Heath Administration.
(c) Definitions.--In this section:
(1) Covered provider.--The term ``covered provider'' means
an individual who--
(A) was appointed to the Veterans Health Administration
under section 7401 of title 38, United States Code; and
(B) before such appointment, had a license terminated for
cause by a State licensing board for hospital care or medical
services provided in a facility that is not a facility of the
Veterans Health Administration.
(2) Hospital care or medical services.--The terms
``hospital care'' and ``medical services'' have the meanings
given those terms in section 1701 of title 38, United States
Code.
SEC. 112. COMPLIANCE WITH REQUIREMENTS FOR EXAMINING
QUALIFICATIONS AND CLINICAL ABILITIES OF HEALTH
CARE PROFESSIONALS OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Subchapter I of chapter 74 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7414. Compliance with requirements for examining
qualifications and clinical abilities of health care
professionals
``(a) Compliance With Credentialing Requirements.--The
Secretary shall ensure that each medical center of the
Department, in a consistent manner--
``(1) compiles, verifies, and reviews documentation for
each health care professional of the Department at such
medical center regarding, at a minimum--
``(A) the professional licensure, certification, or
registration of the health care professional;
``(B) whether the health care professional holds a Drug
Enforcement Administration registration; and
``(C) the education, training, experience, malpractice
history, and clinical competence of the health care
professional; and
``(2) continuously monitors any changes to the matters
under paragraph (1), including with respect to suspensions,
restrictions, limitations, probations, denials, revocations,
and other changes, relating to the failure of a health care
professional to meet generally accepted standards of clinical
practice in a manner that presents reasonable concern for the
safety of patients.
``(b) Registration Regarding Controlled Substances.--(1)
Except as provided in paragraph (2), the Secretary shall
ensure that each covered health care professional holds an
active Drug Enforcement Administration registration.
``(2) The Secretary shall--
``(A) determine the circumstances in which a medical center
of the Department must obtain a waiver under section 302(d)
of the Controlled Substances Act (21 U.S.C. 822(d)) with
respect to covered health care professionals; and
``(B) establish a process for medical centers to request
such waivers.
``(3) In carrying out paragraph (1), the Secretary shall
ensure that each medical center of the Department monitors
the Drug Enforcement Administration registrations of covered
health care professionals at such medical center in a manner
that ensures the medical center is made aware of any change
in status in the registration by not later than seven days
after such change in status.
``(4) If a covered health care professional does not hold
an active Drug Enforcement Administration registration, the
Secretary shall carry out any of the following actions, as
the Secretary determines appropriate:
``(A) Obtain a waiver pursuant to paragraph (2).
``(B) Transfer the health care professional to a position
that does not require prescribing, dispensing, administering,
or conducting research with controlled substances.
``(C) Take appropriate actions under subchapter V of this
chapter, with respect to an employee of the Department, or
take appropriate contract administration actions, with
respect to a contractor of the Department.
``(c) Reviews of Concerns Relating to Quality of Clinical
Care.--(1) The Secretary shall ensure that each medical
center of the Department, in a consistent manner, carries
out--
``(A) ongoing, retrospective, and comprehensive monitoring
of the performance and quality of the health care delivered
by each health care professional of the Department located at
the medical center, including with respect to the safety of
such care; and
``(B) timely and documented reviews of such care if an
individual notifies the Secretary of any potential concerns
relating to a failure of a health care professional of the
Department to meet generally accepted standards of clinical
practice in a manner that presents reasonable concern for the
safety of patients.
``(2) The Secretary shall establish a policy to carry out
paragraph (1), including with respect to--
``(A) determining the period by which a medical center of
the Department must initiate the review of a concern
described in subparagraph (B) of such paragraph following the
date on which the concern is received; and
``(B) ensuring the compliance of each medical center with
such policy.
``(d) Compliance With Requirements for Reporting Quality of
Care Concerns.--If the Secretary substantiates a concern
relating to the clinical competency of, or quality of care
delivered by, a health care professional of the Department
(including a former health care professional of the
Department), the Secretary shall ensure that the appropriate
medical center of the Department timely notifies the
following entities of such concern, as appropriate:
``(1) The appropriate licensing, registration, or
certification body in each State in which the health care
professional is licensed, registered, or certified.
``(2) The Drug Enforcement Administration.
``(3) The National Practitioner Data Bank established
pursuant to the Health Care Quality Improvement Act of 1986
(42 U.S.C. 11101 et seq.).
``(4) Any other relevant entity.
``(e) Prohibition on Certain Settlement Agreement Terms.--
(1) The Secretary may not enter into a settlement agreement
relating to an adverse action against a health care
professional of the Department if such agreement includes
terms that require the Secretary to conceal from the
personnel file of the employee a serious medical error or
lapse in clinical practice that constitutes a substantial
failure to meet generally accepted standards of clinical
practice as to raise reasonable concern for the safety of
patients.
``(2) Nothing in paragraph (1) limits--
``(A) the right of an employee to appeal a quality of care
determination; or
``(B) the rights of an employee under sections 1214 and
1221 of title 5.
``(f) Training.--Not less frequently than annually, the
Secretary shall provide mandatory training on the following
duties to employees of the Department who are responsible for
performing such duties:
``(1) Compiling, validating, or reviewing the credentials
of health care professionals of the Department.
``(2) Reviewing the quality of clinical care delivered by
health care professionals of the Department.
``(3) Taking adverse privileging actions or making
determinations relating to other disciplinary actions or
employment actions against health care professionals of the
Department for reasons relating to the failure of a health
care professional to meet generally accepted standards of
clinical practice in a manner that presents reasonable
concern for the safety of patients.
``(4) Making notifications under subsection (d).
``(g) Definitions.--In this section:
``(1) The term `controlled substance' has the meaning given
that term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
``(2) The term `covered health care professional' means an
individual employed in a position as a health care
professional of the Department, or a contractor of the
Department, that requires the individual to be authorized to
prescribe, dispense, administer, or conduct research with,
controlled substances.
``(3) The term `Drug Enforcement Administration
registration' means registration with the Drug Enforcement
Administration under section 303 of the Controlled Substances
Act (21 U.S.C. 823) 302 of the Controlled Substances Act (21
U.S.C. 822) by health care practitioners authorized to
dispense, prescribe, administer, or conduct research with,
controlled substances.
``(4) The term `health care professional of the Department'
means an individual working for the Department in a position
described in section 7401 of this title, including a
contractor of the Department serving in such a position.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7413 the following new item:
``7414. Compliance with requirements for examining qualifications and
clinical abilities of health care professionals.''.
(c) Deadline for Implementation.--The Secretary of Veterans
Affairs shall commence the implementation of section 7414 of
title 38, United States Code, as added by subsection (a), by
the following dates:
(1) With respect to subsections (a), (c)(2), (d), and (f)
of such section, not later than 180 days after the date of
the enactment of this Act.
(2) With respect to subsection (c)(1) of such section, not
later than one year after the date of the enactment of this
Act.
(3) With respect to subsection (b)(2) of such section, not
later than 18 months after the date of the enactment of this
Act.
(d) Audits and Reports.--
(1) Audits.--
(A) In general.--The Secretary of Veterans Affairs shall
carry out annual audits of the compliance of medical centers
of the Department of Veterans Affairs with the matters
required by section 7414 of title 38, United States Code, as
added by subsection (a).
(B) Conduct of audits.--In carrying out audits under
subparagraph (A), the Secretary--
(i) may not authorize the medical center being audited to
conduct the audit; and
(ii) may enter into an agreement with another department or
agency of the Federal Government or a nongovernmental entity
to conduct such audits.
(2) Reports.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, and
[[Page H10332]]
annually thereafter for five years, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the audits conducted
under paragraph (1).
(B) Elements.--Each report submitted under subparagraph (A)
shall include a summary of the compliance by each medical
center of the Department of Veterans Affairs with the matters
required by section 7414 of title 38, United States Code, as
added by subsection (a).
(C) Initial report.--The Secretary shall include in the
first report submitted under subparagraph (A) the following:
(i) A description of the progress made by the Secretary in
implementing section 7414 of title 38, United States Code, as
added by subsection (a), including any matters under such
section that the Secretary has not fully implemented.
(ii) An analysis of the feasibility, advisability, and cost
of requiring credentialing employees of the Department to be
trained by an outside entity and to maintain a credentialing
certification.
(e) Report on Updates to Policy of the Department of
Veterans Affairs for Reporting Patient Safety Concerns to
Appropriate State and Other Entities.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the efforts of the Department of
Veterans Affairs to update policies and practices for
employees of medical centers of the Department, Veterans
Integrated Service Networks, and the Veterans Health
Administration to report to State licensing boards, the
National Practitioner Data Bank established pursuant to the
Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101
et seq.), and any other relevant entity health care
professionals who are employed by or separated from
employment with the Department and whose behavior and
clinical practice so substantially failed to meet generally
accepted standards of clinical practice as to raise
reasonable concern for the safety of patients.
(2) Consultation.--The report required by paragraph (1)
shall include a description of the efforts of the Department
to consult with--
(A) State licensing boards;
(B) the Centers for Medicare & Medicaid Services;
(C) the National Practitioner Data Bank; and
(D) the exclusive representative of employees of the
Department appointed under section 7401(1) of title 38,
United States Code.
Subtitle C--Care From Non-Department of Veterans Affairs Providers
CHAPTER 1--WAIT TIMES FOR CARE
SEC. 121. CALCULATION OF WAIT TIME FOR PURPOSES OF
ELIGIBILITY UNDER VETERANS COMMUNITY CARE
PROGRAM.
Section 1703(d) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(4) In determining under paragraph (1)(D) whether the
Department is able to furnish care or services in a manner
that complies with designated access standards developed by
the Secretary under section 1703B of this title, for purposes
of calculating a wait time for a veteran to schedule an
appointment at a medical facility of the Department, the
Secretary shall measure from the date of request for the
appointment, unless a later date has been agreed to by the
veteran in consultation with a health care provider of the
Department, to the first next available appointment date
relevant to the requested medical service.''.
SEC. 122. PLAN REGARDING INFORMING VETERANS OF EXPECTED WAIT
TIMES FOR APPOINTMENTS FOR CARE.
(a) In General.--Not later than October 1, 2023, the
Secretary of Veterans Affairs shall develop a plan to ensure
that veterans eligible for care or services pursuant to
section 1703(d)(1) of title 38, United States Code, including
veterans making their own appointments using advanced
technology, are informed of the expected number of days
between the date on which the veteran requested care until--
(1) the date on which the veteran will be able to receive
care through a non-Department of Veterans Affairs provider
under such section;
(2) the date on which the veteran will be able to receive
care through a provider of the Department;
(3) the date on which--
(A) the Department will schedule an appointment for care
through a non-Department provider under such section; or
(B) for veterans making their own appointments using
advanced technology, the veteran would be able to schedule an
appointment for care through a provider of the Department or
through a non-Department provider under such section;
(4) the date on which the Department will schedule an
appointment for care through a provider of the Department.
(b) Implementation.--The Secretary shall implement the plan
required under subsection (a) not later than three years
after the date of the enactment of this Act.
(c) Matters To Be Included.--The Secretary shall include in
the plan required under subsection (a) a list of the
information technology systems, contracting mechanisms,
staff, legislative authorities, pilot programs, and other
components that the Secretary determines necessary to
implement the plan within the three-year implementation
deadline under subsection (b), as well as their associated
milestones and resource requirements.
(d) Updates.--Not less frequently than quarterly, the
Secretary shall brief the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives and submit to those committees a
report in writing regarding the status of the implementation
of the plan required under subsection (a), to include an
assessment of the progress of the Secretary in meeting the
three-year implementation deadline under subsection (b).
CHAPTER 2--IMPROVEMENT OF PROVISION OF CARE
SEC. 125. MODIFICATIONS TO ACCESS STANDARDS FOR CARE
FURNISHED THROUGH COMMUNITY CARE PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Access Standards.--Section 1703B of title 38, United
States Code, is amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f)(1) Subject to paragraph (3), the Secretary shall meet
the access standards established under subsection (a) when
furnishing hospital care, medical services, or extended care
services to a covered veteran under section 1703 of this
title and shall ensure that meeting such access standards is
reflected in the contractual requirements of Third Party
Administrators.
``(2) The Secretary shall ensure that health care providers
specified under section 1703(c) of this title are able to
comply with the access standards established under subsection
(a) for such providers.
``(3)(A) A Third Party Administrator may request a waiver
to the requirement under this subsection to meet the access
standards established under subsection (a) if--
``(i)(I) the scarcity of available providers or facilities
in the region precludes the Third Party Administrator from
meeting those access standards; or
``(II) the landscape of providers or facilities has
changed, and certain providers or facilities are not
available such that the Third Party Administrator is not able
to meet those access standards; and
``(ii) to address the scarcity of available providers or
the change in the provider or facility landscape, as the case
may be, the Third Party Administrator has contracted with
other providers or facilities that may not meet those access
standards but are the currently available providers or
facilities most accessible to veterans within the region of
responsibility of the Third Party Administrator.
``(B) Any waiver requested by a Third Party Administrator
under subparagraph (A) must be requested in writing and
submitted to the Office of Integrated Veteran Care of the
Department for approval by that office.
``(C) As part of any waiver request under subparagraph (A),
a Third Party Administrator must include conclusive evidence
and documentation that the access standards established under
subsection (a) cannot be met because of scarcity of available
providers or changes to the landscape of providers or
facilities.
``(D) In evaluating a waiver request under subparagraph
(A), the Secretary shall consider the following:
``(i) The number and geographic distribution of eligible
health care providers available within the geographic area
and specialty referenced in the waiver request.
``(ii) The prevailing market conditions within the
geographic area and specialty referenced in the waiver
request, which shall include the number and distribution of
health care providers contracting with other health care
plans (including commercial plans and the Medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.)) operating in the geographic area and specialty
referenced in the waiver request.
``(iii) Whether the service area is comprised of highly
rural, rural, or urban areas or some combination of such
areas.
``(iv) How significantly the waiver request differs from
the access standards established under subsection (a).
``(v) The rates offered to providers in the geographic area
covered by the waiver.
``(E) The Secretary shall not consider inability to
contract as a valid sole rationale for granting a waiver
under subparagraph (A).
``(g)(1) The Secretary shall publish in the Federal
Register and on a publicly available internet website of the
Department the designated access standards established under
this section for purposes of section 1703(d)(1)(D) of this
title.
``(2) The Secretary shall publish on a publicly available
internet website of the Department the access standards
established under subsection (a).''; and
(2) in subsection (i), by adding at the end the following
new paragraphs:
``(3) The term `inability to contract', with respect to a
Third Party Administrator, means the inability of the Third
Party Administrator to successfully negotiate and establish a
community care network contract with a provider or facility.
``(4) The term `Third Party Administrator' means an entity
that manages a provider network and performs administrative
services related to such network within the Veterans
Community Care Program under section 1703 of this title.''.
(b) Prevention of Suspension of Veterans Community Care
Program.--Section 1703(a) of such title is amended by adding
at the end the following new paragraph:
``(4) Nothing in this section shall be construed to
authorize the Secretary to suspend the program established
under paragraph (1).''.
SEC. 126. STRATEGIC PLAN TO ENSURE CONTINUITY OF CARE IN THE
CASE OF THE REALIGNMENT OF A MEDICAL FACILITY
OF THE DEPARTMENT.
(a) Sense of Congress.--It is the sense of Congress that
the Veterans Health Administration should ensure that
veterans do not experience a lapse of care when transitioning
in receiving care due to the realignment of a medical
facility of the Department of Veterans Affairs.
[[Page H10333]]
(b) Development of Strategic Plan.--
(1) In general.--The Secretary of Veterans Affairs, acting
through the Office of Integrated Veteran Care, the Chief
Strategy Office, the Office of Asset Enterprise Management,
or any successor office that has similar and related
functions, shall develop and periodically update a strategic
plan to ensure continuity of health care through care
furnished at a facility of the Department or through the
Community Care Program for veterans impacted by the
realignment of a medical facility of the Department.
(2) Elements.--The strategic plan required under paragraph
(1) shall include, at a minimum, the following:
(A) An assessment of the progress of the Department in
identifying impending realignments of medical facilities of
the Department and the impact of such realignments on access
of veterans to care, including any impact on the network of
health care providers under the Community Care Program.
(B) The progress of the Department in establishing operated
sites of care and related activities to address the impact of
such a realignment.
(C) An outline of collaborative actions and processes the
Department can take to address potential gaps in health care
created by such a realignment, including actions and
processes to be taken by the Office of Integrated Veteran
Care, the Chief Strategy Office, and the Office of Asset
Enterprise Management of the Department.
(D) A description of how the Department can identify to
Third Party Administrators changes in the catchment areas of
medical facilities to be realigned and develop a process with
Third Party Administrators to strengthen provider coverage in
advance of such realignments.
(3) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary
for Health of the Department shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives the plan
developed under paragraph (1).
(c) Definitions.--In this section:
(1) Community care program.--The term ``Community Care
Program'' means the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(2) Realignment.--The term ``realignment'', with respect to
a facility of the Department of Veterans Affairs, includes--
(A) any action that changes the number of facilities or
relocates services, functions, or personnel positions; and
(B) strategic collaborations between the Department and
non-Federal Government entities, including tribal
organizations and Urban Indian Organizations.
(3) Third party administrator.--The term ``Third Party
Administrator'' means an entity that manages a provider
network and performs administrative services related to such
network within the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(4) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(5) Urban indian organization.--The term ``Urban Indian
Organization'' has the meaning given that term in section 4
of the Indian Health Care Improvement Act (25 U.S.C. 1603).
CHAPTER 3--COMMUNITY CARE SELF-SCHEDULING PILOT PROGRAM
SEC. 131. DEFINITIONS.
In this chapter:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Covered veteran.--The term ``covered veteran'' means a
covered veteran under section 1703(b) of title 38, United
States Code.
(3) Pilot program.--The term ``pilot program'' means the
pilot program required under section 132(a).
(4) Veterans community care program.--The term ``Veterans
Community Care Program'' means the program to furnish
hospital care, medical services, and extended care services
to covered veterans under section 1703 of title 38, United
States Code.
SEC. 132. PILOT PROGRAM ESTABLISHING COMMUNITY CARE
APPOINTMENT SELF-SCHEDULING TECHNOLOGY.
(a) Pilot Program.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall commence a pilot program under which covered
veterans eligible for hospital care, medical services, or
extended care services under subsection (d)(1) of section
1703 of title 38, United States Code, may use a technology
that has the capabilities specified in section 133(a) to
schedule and confirm medical appointments with health care
providers participating in the Veterans Community Care
Program.
(b) Expansion or Development of New Technology.--In
carrying out the pilot program, the Secretary may expand
capabilities of an existing appointment self-scheduling
technology of the Department of Veterans Affairs or purchase
a new appointment self-scheduling technology.
(c) Competition.--In contracting for the expansion of
capabilities of an existing appointment self-scheduling
technology of the Department or the purchase of a new
appointment self-scheduling technology under the pilot
program, the Secretary shall comply with section 3301 of
title 41, United States Code, and award any such contract not
later than 270 days after the date of the enactment of this
Act.
(d) Selection of Locations.--The Secretary shall select not
fewer than two Veterans Integrated Services Networks of the
Department in which to carry out the pilot program.
(e) Duration of Pilot Program.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall carry out the pilot program for an 18-month
period.
(2) Extension.--The Secretary may extend the duration of
the pilot program and may expand the selection of Veterans
Integrated Services Networks under subsection (d) if the
Secretary determines that the pilot program is reducing the
wait times of veterans seeking hospital care, medical
services, or extended care services under the Veterans
Community Care Program.
(f) Outreach.--The Secretary shall ensure that veterans
participating in the Veterans Community Care Program in
Veterans Integrated Services Networks in which the pilot
program is being carried out are informed about the pilot
program.
SEC. 133. APPOINTMENT SELF-SCHEDULING CAPABILITIES.
(a) In General.--The Secretary of Veterans Affairs shall
ensure that the appointment self-scheduling technology used
in the pilot program includes the following capabilities:
(1) Capability to self-schedule, modify, and cancel
appointments directly online for primary care, specialty
care, and mental health care under the Veterans Community
Care Program with regard to each category of eligibility
under section 1703(d)(1) of title 38, United States Code.
(2) Capability to support appointments for the provision of
health care under the Veterans Community Care Program
regardless of whether such care is provided in person or
through telehealth services.
(3) Not fewer than two of the following capabilities:
(A) Capability to view appointment availability in real
time to the extent practicable.
(B) Capability to load relevant patient information from
the Decision Support Tool of the Department or any other
information technology system of the Department used to
determine the eligibility of veterans for health care under
section 1703(d)(1) of title 38, United States Code.
(C) Capability to search for providers and facilities
participating in the Veterans Community Care Program based on
distance from the residential address of a veteran.
(D) Capability to filter provider results by clinical
expertise, ratings, reviews, sex, languages spoken, and other
criteria as determined by the Secretary.
(E) Capability to provide telephonic and electronic contact
information for all such providers that do not offer online
scheduling at the time.
(F) Capability to store and print authorization letters for
veterans for health care under the Veterans Community Care
Program.
(G) Capability to provide prompts or reminders to veterans
to schedule initial appointments or follow-up appointments.
(H) Capability to be used 24 hours per day, seven days per
week.
(I) Capability to ensure veterans who self-schedule
appointments through the appointment self-scheduling
technology have scheduled such appointment with a provider
possessing the required specialty and clinical expertise.
(J) Capability to integrate with the Veterans Health
Information Systems and Technology Architecture of the
Department and the health record deployed by the Electronic
Health Record Modernization program, or any successor
information technology system or health record of the
Department.
(K) Capability to integrate with information technology
systems of Third Party Administrators.
(b) Independent Validation and Verification.--
(1) In general.--The Comptroller General of the United
States shall evaluate whether the appointment self-scheduling
technology used in the pilot program includes the
capabilities required under subsection (a) and successfully
performs such capabilities.
(2) Briefing.--Not later than 30 days after the date on
which the Comptroller General completes the evaluation under
paragraph (1), the Comptroller General shall brief the
appropriate congressional committees on such evaluation.
(c) Certification.--Not later than 18 months after
commencement of the pilot program, the Secretary shall
certify to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives whether the appointment self-scheduling
technology used in the pilot program and any other patient
self-scheduling technology developed or used by the
Department of Veterans Affairs to schedule appointments under
the Veterans Community Care Program as of the date of the
certification includes the capabilities required under
subsection (a).
(d) Third Party Administrator Defined.--In this section,
the term ``Third Party Administrator'' means an entity that
manages a provider network and performs administrative
services related to such network within the Veterans
Community Care Program under section 1703 of title 38, United
States Code.
SEC. 134. REPORT.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of
Veterans Affairs shall submit to the appropriate
congressional committees a report that includes--
(1) an assessment by the Secretary of the pilot program
during the 180-day period preceding the date of the report,
including--
(A) the cost of the pilot program;
(B) the volume of usage of the appointment self-scheduling
technology under the pilot program;
(C) the quality of the pilot program;
(D) patient satisfaction with the pilot program;
[[Page H10334]]
(E) benefits to veterans of using the pilot program;
(F) the feasibility of allowing self-scheduling for
different specialties under the pilot program;
(G) participation in the pilot program by health care
providers under the Veterans Community Care Program; and
(H) such other findings and conclusions with respect to the
pilot program as the Secretary considers appropriate; and
(2) such recommendations as the Secretary considers
appropriate regarding--
(A) extension of the pilot program to other or all Veterans
Integrated Service Networks of the Department of Veterans
Affairs; and
(B) making the pilot program permanent.
CHAPTER 4--ADMINISTRATION OF NON-DEPARTMENT CARE
SEC. 141. CREDENTIALING VERIFICATION REQUIREMENTS FOR
PROVIDERS OF NON-DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE SERVICES.
(a) Credentialing Verification Requirements.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by inserting after section
1703E the following new section:
``Sec. 1703F. Credentialing verification requirements for
providers of non-Department health care services
``(a) In General.--The Secretary shall ensure that Third
Party Administrators and credentials verification
organizations comply with the requirements specified in
subsection (b) to help ensure certain health care providers
are excluded from providing non-Department health care
services.
``(b) Requirements Specified.--The Secretary shall require
Third Party Administrators and credentials verification
organizations to carry out the following:
``(1) Hold and maintain an active credential verification
accreditation from a national health care accreditation body.
``(2) Conduct initial verification of provider history and
license sanctions for all States and United States
territories for a period of time--
``(A) that includes the period before the provider began
providing non-Department health care services; and
``(B) dating back not less than 10 years.
``(3) Not less frequently than every three years, perform
recredentialing, including verifying provider history and
license sanctions for all States and United States
territories.
``(4) Implement continuous monitoring of each provider
through the National Practitioner Data Bank established
pursuant to the Health Care Quality Improvement Act of 1986
(42 U.S.C. 11101 et seq.).
``(5) Perform other forms of credentialing verification as
the Secretary considers appropriate.
``(c) Definitions.--In this section:
``(1) The term `credentials verification organization'
means an entity that manages the provider credentialing
process and performs credentialing verification for non-
Department providers that participate in the Veterans
Community Care Program under section 1703 of this title
through a Veterans Care Agreement.
``(2) The term `Third Party Administrator' means an entity
that manages a provider network and performs administrative
services related to such network within the Veterans
Community Care Program under section 1703 of this title.
``(3) The term `Veterans Care Agreement' means an agreement
for non-Department health care services entered into under
section 1703A of this title.
``(4) The term `non-Department health care services' means
services--
``(A) provided under this subchapter at non-Department
facilities (as defined in section 1701 of this title);
``(B) provided under section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146;
38 U.S.C. 1701 note);
``(C) purchased through the Medical Community Care account
of the Department; or
``(D) purchased with amounts deposited in the Veterans
Choice Fund under section 802 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C.
1701 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1703E the following new item:
``1703F. Credentialing verification requirements for providers of non-
Department health care services.''.
(b) Deadline for Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall commence the implementation of section
1703F of title 38, United States Code, as added by subsection
(a)(1).
SEC. 142. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS
AFFAIRS FOR EMERGENCY TREATMENT FURNISHED TO
VETERANS.
(a) Treatment for Non-Service-Connected Disabilities.--
(1) In general.--Section 1725 of title 38, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection (h); and
(B) by inserting after subsection (e) the following new
subsections (f) and (g):
``(f) Submittal of Claims for Direct Payment.--An
individual or entity seeking payment under subsection (a)(2)
for treatment provided to a veteran in lieu of reimbursement
to the veteran shall submit a claim for such payment not
later than 180 days after the latest date on which such
treatment was provided.
``(g) Hold Harmless.--No veteran described in subsection
(b) may be held liable for payment for emergency treatment
described in such subsection if--
``(1) a claim for direct payment was submitted by an
individual or entity under subsection (f); and
``(2) such claim was submitted after the deadline
established by such subsection due to--
``(A) an administrative error made by the individual or
entity, such as submission of the claim to the wrong Federal
agency, under the wrong reimbursement authority (such as
section 1728 of this title), or submission of the claim after
the deadline; or
``(B) an administrative error made by the Department, such
as misplacement of a paper claim or deletion of an electronic
claim.''.
(b) Treatment for and in Connection With Service-Connected
Disabilities.--Section 1728 of such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) No veteran described in subsection (a) may be held
liable for payment for emergency treatment described in such
subsection if--
``(1) a claim for direct payment was submitted by an
individual or entity under subsection (b)(2); and
``(2) such claim was submitted after a deadline established
by the Secretary for purposes of this section due to--
``(A) an administrative error made by the individual or
entity, such as submission of the claim to the wrong Federal
agency or submission of the claim after the deadline; or
``(B) an administrative error made by the Department, such
as misplacement of a paper claim or deletion of an electronic
claim.''.
(c) Conforming Amendments.--Such title is amended--
(1) in section 1705A(d), by striking ``section 1725(f)''
and inserting ``section 1725(h)'';
(2) in section 1725(b)(3)(B), by striking ``subsection
(f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B)
or (h)(2)(C)'';
(3) in section 1728(d), as redesignated by subsection
(b)(4), by striking ``section 1725(f)(1)'' and inserting
``section 1725(h)(1)'';
(4) in section 1781(a)(4), by striking ``section 1725(f)''
and inserting ``section 1725(h)''; and
(5) in section 1787(b)(3), by striking ``section 1725(f)''
and inserting ``section 1725(h)''.
SEC. 143. PUBLICATION OF CLARIFYING INFORMATION FOR NON-
DEPARTMENT OF VETERANS AFFAIRS PROVIDERS.
(a) In General.--The Secretary of Veterans Affairs shall
publish on one or more publicly available internet websites
of the Department of Veterans Affairs, including the main
internet website regarding emergency care authorization for
non-Department providers, the following information:
(1) A summary table or similar resource that provides a
list of all authorities of the Department to authorize
emergency care from non-Department providers and, for each
such authority, the corresponding deadline for submission of
claims.
(2) An illustrated summary of steps, such as a process map,
with a checklist for the submission of clean claims that non-
Department providers can follow to assure compliance with the
claims-filing process of the Department.
(3) Contact information for the appropriate office or
service line of the Department to address process questions
from non-Department providers.
(b) Periodic Review.--Not less frequently than once every
180 days, the Secretary shall review the information
published under subsection (a) to ensure that such
information is current.
(c) Clean Claims Defined.--In this section, the term
``clean claims'' means clean electronic claims and clean
paper claims (as those terms are defined in section 1703D(i)
of title 38, United States Code).
SEC. 144. INAPPLICABILITY OF CERTAIN PROVIDERS TO PROVIDE
NON-DEPARTMENT OF VETERANS AFFAIRS CARE.
Section 108 of the VA MISSION Act of 2018 (Public Law 115-
182; 38 U.S.C. 1701 note) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Application.--The requirement to deny or revoke the
eligibility of a health care provider to provide non-
Department health care services to veterans under subsection
(a) shall apply to any removal under paragraph (1) of such
subsection or violation under paragraph (2) of such
subsection that occurred on or after a date determined by the
Secretary that is not less than five years before the date of
the enactment of this Act.''.
Subtitle D--Improvement of Rural Health and Telehealth
SEC. 151. ESTABLISHMENT OF STRATEGIC PLAN REQUIREMENT FOR
OFFICE OF CONNECTED CARE OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The COVID-19 pandemic caused the Department of Veterans
Affairs to exponentially increase telehealth and virtual care
modalities, including VA Video Connect, to deliver health
care services to veteran patients.
(2) Between January 2020 and January 2021, the number of
telehealth appointments offered by the Department increased
by 1,831 percent.
(3) The Department maintains strategic partnerships, such
as the Digital Divide Consult, with a goal of ensuring
veterans who reside in rural, highly rural, or medically
underserved areas have access to high-quality telehealth
services offered by the Department.
(4) As of 2019, veterans who reside in rural and highly
rural areas make up approximately \1/3\ of veteran enrollees
in the patient enrollment system, and are on average, older
than their
[[Page H10335]]
veteran peers in urban areas, experience higher degrees of
financial instability, and live with a greater number of
complex health needs and comorbidities.
(5) The Federal Communications Commission estimated in 2020
that 15 percent of veteran households do not have an internet
connection.
(6) Under the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136), Congress granted the
Department additional authority to enter into short-term
agreements or contracts with private sector
telecommunications companies to provide certain broadband
services for the purposes of providing expanded mental health
services to isolated veterans through telehealth or VA Video
Connect during a public health emergency.
(7) The authority described in paragraph (6) was not
utilized to the fullest extent by the Department.
(8) Though the Department has made significant progress in
expanding telehealth services offered to veterans who are
enrolled in the patient enrollment system, significant gaps
still exist to ensure all veterans receive equal and high-
quality access to virtual care.
(9) Questions regarding the efficacy of using telehealth
for certain health care services and specialties remain, and
should be further studied.
(10) The Department continues to expand telehealth and
virtual care offerings for primary care, mental health care,
specialty care, urgent care, and even remote intensive care
units.
(b) Sense of Congress.--It is the sense of Congress that
the telehealth services offered by the Department of Veterans
Affairs should be routinely measured and evaluated to ensure
the telehealth technologies and modalities delivered to
veteran patients to treat a wide variety of health conditions
are as effective as in-person treatment for primary care,
mental health care, and other forms of specialty care.
(c) Development of Strategic Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
acting through the Office of Connected Care of the Department
of Veterans Affairs, shall develop a strategic plan to ensure
the effectiveness of the telehealth technologies and
modalities delivered by the Department to veterans who are
enrolled in the patient enrollment system.
(2) Update.--
(A) In general.--The Secretary shall update the strategic
plan required under paragraph (1) not less frequently than
once every three years following development of the plan.
(B) Consultation.--The Secretary shall prepare any update
required under subparagraph (A) in consultation with the
following:
(i) The Chief Officer of the Office of Connected Care of
the Department.
(ii) The Executive Director of Telehealth Services of the
Office of Connected Care.
(iii) The Executive Director of Connected Health of the
Office of Connected Care.
(iv) The Executive Director of the Office of Rural Health
of the Department.
(v) The Executive Director of Solution Delivery, IT
Operations and Services of the Office of Information and
Technology of the Department.
(3) Elements.--The strategic plan required under paragraph
(1), and any update to that plan under paragraph (2), shall
include, at a minimum, the following:
(A) A comprehensive list of all health care specialties the
Department is currently delivering by telehealth or virtual
care.
(B) An assessment of the effectiveness and patient outcomes
for each type of health care specialty delivered by
telehealth or virtual care by the Department.
(C) An assessment of satisfaction of veterans in receiving
care through telehealth or virtual care disaggregated by age
group and by Veterans Integrated Service Network.
(D) An assessment of the percentage of virtual visits
delivered by the Department through each modality including
standard telephone telehealth, VA Video Connect, and the
Accessing Telehealth through Local Area Stations program of
the Department.
(E) An outline of all current partnerships maintained by
the Department to bolster telehealth or virtual care services
for veterans.
(F) An assessment of the barriers faced by the Department
in delivering telehealth or virtual care services to veterans
residing in rural and highly rural areas, and the strategies
the Department is deploying beyond purchasing hardware for
veterans who are enrolled in the patient enrollment system.
(G) A detailed plan illustrating how the Department is
working with other Federal agencies, including the Department
of Health and Human Services, the Department of Agriculture,
the Federal Communications Commission, and the National
Telecommunications and Information Administration, to enhance
connectivity in rural, highly rural, and medically
underserved areas to better reach all veterans.
(H) The feasibility and advisability of partnering with
Federally qualified health centers, rural health clinics, and
critical access hospitals to fill the gap for health care
services that exists for veterans who reside in rural and
highly rural areas.
(I) An evaluation of the number of veterans who are
enrolled in the patient enrollment system who have previously
received care under the Veterans Community Care Program under
section 1703 of title 38, United States Code.
(d) Submittal to Congress.--Not later than 180 days after
the development of the strategic plan under paragraph (1) of
subsection (c), and not later than 180 days after each update
under paragraph (2) of such subsection thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report that includes the
following:
(1) The completed strategic plan or update, as the case may
be.
(2) An identification of areas of improvement by the
Department in the delivery of telehealth and virtual care
services to veterans who are enrolled in the patient
enrollment system, with a timeline for improvements to be
implemented.
(e) Definitions.--
(1) Patient enrollment system.--The term ``patient
enrollment system'' means the system of annual patient
enrollment of the Department of Veterans Affairs established
and operated under section 1705(a) of title 38, United States
Code.
(2) Rural; highly rural.--The terms ``rural'' and ``highly
rural'' have the meanings given those terms in the Rural-
Urban Commuting Areas coding system of the Department of
Agriculture.
(3) VA video connect.--The term ``VA Video Connect'' means
the program of the Department of Veterans Affairs to connect
veterans with their health care team from anywhere, using
encryption to ensure a secure and private connection.
SEC. 152. COMPTROLLER GENERAL REPORT ON TRANSPORTATION
SERVICES BY THIRD PARTIES FOR RURAL VETERANS.
(a) Report Required.--Not later than 540 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the program the
establishment of which was facilitated under section 111A(b)
of title 38, United States Code.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) A description of the program described in such
subsection, including descriptions of the following:
(A) The purpose of the program.
(B) The activities carried out under the program.
(2) An assessment of the sufficiency of the program with
respect to the purpose of the program.
(3) An assessment of the cost effectiveness of the program
in comparison to alternatives.
(4) An assessment of the health benefits for veterans who
have participated in the program.
(5) An assessment of the sufficiency of staffing of
employees of the Department of Veterans Affairs who are
responsible for facilitating the maintenance of the program.
(6) An assessment, with respect to the purpose of the
program, of the number of vehicles owned by and operating in
conjunction with the program.
(7) An assessment of the awareness and usage of the program
by veterans and their families.
(8) An assessment of other options for transportation under
the program, such as local taxi companies and ridesharing
programs such as Uber and Lyft.
SEC. 153. COMPTROLLER GENERAL REPORT ON TELEHEALTH SERVICES
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on telehealth
services provided by the Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall
include an assessment of the following:
(1) The telehealth and virtual health care programs of the
Department of Veterans Affairs, including VA Video Connect.
(2) The challenges faced by the Department in delivering
telehealth and virtual health care to veterans who reside in
rural and highly rural areas due to lack of connectivity in
many rural areas.
(3) Any mitigation strategies used by the Department to
overcome connectivity barriers for veterans who reside in
rural and highly rural areas.
(4) The partnerships entered into by the Office of
Connected Care of the Department in an effort to bolster
telehealth services.
(5) The extent to which the Department has examined the
effectiveness of health care services provided to veterans
through telehealth in comparison to in-person treatment.
(6) Satisfaction of veterans with respect to the telehealth
services provided by the Department.
(7) The use by the Department of telehealth appointments in
comparison to referrals to care under the Veterans Community
Care Program under section 1703 of title 38, United States
Code.
(8) Such other areas as the Comptroller General considers
appropriate.
Subtitle E--Care for Aging Veterans
SEC. 161. STRATEGY FOR LONG-TERM CARE FOR AGING VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall
develop a strategy for the long-term care of veterans.
(b) Elements.--The strategy developed under subsection (a)
shall--
(1) identify current and future needs for the long-term
care of veterans based on demographic data and availability
of services both from the Department of Veterans Affairs and
from non-Department providers in the community, include other
Federal Government, non-Federal Government, nonprofit, for
profit, and other entities;
(2) identify the current and future needs of veterans for
both institutional and non-institutional long-term care (for
example, home-based and community-based services), taking
into account the needs of growing veteran population groups,
including women veterans, veterans with traumatic brain
injury, veterans with memory loss, and other population
groups with unique needs; and
[[Page H10336]]
(3) address new and different care delivery models,
including by--
(A) assessing the implications of such models for the
design of facilities and how those facilities may need to
change;
(B) examining the workforce needed to support aging
populations of veterans as they grow and receive long-term
care through different trends of care delivery; and
(C) considering the feasibility and advisability of
implementing a veteran-focused independent provider model for
non-institutional care.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the strategy developed under subsection (a).
SEC. 162. IMPROVEMENT OF STATE VETERANS HOMES.
(a) Standardized Sharing Agreements.--The Secretary of
Veterans Affairs shall develop a standardized process
throughout the Department of Veterans Affairs for entering
into sharing agreements between State homes and medical
centers of the Department.
(b) Provision of Medication to Catastrophically Disabled
Veterans.--Section 1745(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(3) Any veteran who has been determined by the Secretary
to be catastrophically disabled, as defined in section
17.36(e) of title 38, Code of Federal Regulations, or
successor regulations, and on whose behalf the Secretary is
paying a per diem for nursing home or domiciliary care in a
State home under this chapter.''.
(c) Oversight of Inspections.--
(1) Monitoring.--The Secretary shall monitor any contractor
used by the Department to conduct inspections of State homes,
including by reviewing the inspections conducted by each such
contractor for quality not less frequently than quarterly.
(2) Reporting of deficiencies.--The Secretary shall require
that any deficiencies of a State home noted during the
inspection of the State home be reported to the Secretary.
(3) Transparency.--The Secretary shall publish the results
of any inspection of a State home, and any associated
corrective actions planned by the State home, on a publicly
available internet website of the Department.
(d) State Home Defined.--In this section, the term ``State
home'' has the meaning given that term in section 101(19) of
title 38, United States Code.
SEC. 163. GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE
VETERANS HOMES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall commence the conduct of a pilot program under which the
Secretary shall provide geriatric psychiatry assistance to
eligible veterans at State homes.
(b) Duration.--The Secretary shall carry out the pilot
program under this section for a two-year period.
(c) Type of Assistance.--Assistance provided under the
pilot program under this section may include--
(1) direct provision of geriatric psychiatry services,
including health care if feasible;
(2) payments to non-Department of Veterans Affairs
providers in the community to provide such services;
(3) collaboration with other Federal agencies to provide
such services; or
(4) such other forms of assistance as the Secretary
considers appropriate.
(d) Consideration of Local Area Needs.--In providing
assistance under the pilot program under this section, the
Secretary shall consider the geriatric psychiatry needs of
the local area, including by considering--
(1) State homes with a high proportion of residents with
unmet mental health needs;
(2) State homes located in mental health care health
professional shortage areas designated under section 332 of
the Public Health Service Act (42 U.S.C. 254e); or
(3) State homes located in rural or highly rural areas.
(e) Definitions.--In this section, the terms ``State home''
and ``veteran'' have the meanings given those terms in
section 101 of title 38, United States Code.
SEC. 164. SUPPORT FOR AGING VETERANS AT RISK OF OR
EXPERIENCING HOMELESSNESS.
(a) In General.--The Secretary of Veterans Affairs shall
work with public housing authorities and local organizations
to assist aging homeless veterans in accessing existing
housing and supportive services, including health services
like home-based and community-based services from the
Department of Veterans Affairs or from non-Department
providers in the community.
(b) Payment for Services.--The Secretary may, and is
encouraged to, pay for services for aging homeless veterans
described in subsection (a).
SEC. 165. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY
FOR PAYMENT OF CARE FOR VETERANS IN NON-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FOSTER
HOMES.
(a) Authority.--
(1) In general.--Section 1720 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h)(1) During the five-year period beginning on the date
of the enactment of the Joseph Maxwell Cleland and Robert
Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, and subject to paragraph (3)--
``(A) at the request of a veteran for whom the Secretary is
required to provide nursing home care under section 1710A of
this title, the Secretary may place the veteran in a medical
foster home that meets Department standards, at the expense
of the United States, pursuant to a contract, agreement, or
other arrangement entered into between the Secretary and the
medical foster home for such purpose; and
``(B) the Secretary may pay for care of a veteran placed in
a medical foster home before such date of enactment, if the
home meets Department standards, pursuant to a contract,
agreement, or other arrangement entered into between the
Secretary and the medical foster home for such purpose.
``(2) A veteran on whose behalf the Secretary pays for care
in a medical foster home under paragraph (1) shall agree, as
a condition of such payment, to accept home health services
furnished by the Secretary under section 1717 of this title.
``(3) In any year, not more than a daily average of 900
veterans receiving care in a medical foster home, whether
placed before, on, or after the date of the enactment of the
Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022,
may have their care covered at the expense of the United
States under paragraph (1).
``(4) The prohibition under section 1730(b)(3) of this
title shall not apply to a veteran whose care is covered at
the expense of the United States under paragraph (1).
``(5) In this subsection, the term `medical foster home'
means a home designed to provide non-institutional, long-
term, supportive care for veterans who are unable to live
independently and prefer a family setting.''.
(2) Effective date.--Subsection (h) of section 1720 of
title 38, United States Code, as added by paragraph (1),
shall take effect 90 days after the date of the enactment of
this Act.
(b) Ongoing Monitoring of Medical Foster Home Program.--
(1) In general.--The Secretary of Veterans Affairs shall
create a system to monitor and assess the workload for the
Department of Veterans Affairs in carrying out the authority
under section 1720(h) of title 38, United States Code, as
added by subsection (a)(1), including by tracking--
(A) requests by veterans to be placed in a medical foster
home under such section;
(B) denials of such requests, including the reasons for
such denials;
(C) the total number of medical foster homes applying to
participate under such section, disaggregated by those
approved and those denied approval by the Department to
participate;
(D) veterans receiving care at a medical foster home at the
expense of the United States; and
(E) veterans receiving care at a medical foster home at
their own expense.
(2) Report.--Based on the monitoring and assessments
conducted under paragraph (1), the Secretary shall identify
and submit to Congress a report on such modifications to
implementing section 1720(h) of title 38, United States Code,
as added by subsection (a)(1), as the Secretary considers
necessary to ensure the authority under such section is
functioning as intended and care is provided to veterans
under such section as intended.
(3) Medical foster home defined.--In this subsection, the
term ``medical foster home'' has the meaning given that term
in section 1720(h) of title 38, United States Code, as added
by subsection (a)(1).
(c) Comptroller General Report.--Not later than each of
three years and six years after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report--
(1) assessing the implementation of this section and the
amendments made by this section;
(2) assessing the impact of the monitoring and
modifications under subsection (b) on care provided under
section 1720(h) of title 38, United States Code, as added by
subsection (a)(1); and
(3) setting forth recommendations for improvements to the
implementation of such section, as the Comptroller General
considers appropriate.
Subtitle F--Foreign Medical Program
SEC. 171. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF
EXPANDING ASSISTANCE AND SUPPORT TO CAREGIVERS
TO INCLUDE CAREGIVERS OF VETERANS IN THE
REPUBLIC OF THE PHILIPPINES.
(a) Findings.--Congress makes the following findings:
(1) Although section 161 of the VA MISSION Act of 2018
(Public Law 115-182; 132 Stat. 1438) expanded the program of
comprehensive assistance for family caregivers of the
Department of Veterans Affairs under section 1720G(a) of
title 38, United States Code, to veterans of all eras, it did
not expand the program to family caregivers for veterans
overseas.
(2) Although caregivers for veterans overseas can access
online resources as part of the program of support services
for caregivers of veterans under subsection (b) section 1720G
of such title, those caregivers are not currently eligible
for the comprehensive services and benefits provided under
subsection (a) of such section.
(3) The Department has an outpatient clinic and a regional
benefits office in Manila, Republic of the Philippines, and
the Foreign Medical Program of the Department under section
1724 of such title is used heavily in the Republic of the
Philippines by veterans who live in that country.
(4) Due to the presence of facilities of the Department in
the Republic of the Philippines and the number of veterans
who reside there, that country is a suitable test case to
analyze the feasibility and advisability of expanding
caregiver support to caregivers of veterans overseas.
(b) Analysis.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall complete an analysis of the feasibility and
advisability of making assistance and support under section
1720G(a) of title 38, United States Code, available to
caregivers of veterans in the Republic of the Philippines.
[[Page H10337]]
(c) Report.--Not later than 180 days after the conclusion
of the analysis conducted under subsection (b), the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report that includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are
enrolled in the patient enrollment system and reside in the
Republic of the Philippines.
(3) An assessment of the number of veterans residing in the
Republic of the Philippines with a disability rating from the
Department of not less than 70 percent.
(4) An assessment of the number of veterans who are
enrolled in the patient enrollment system and reside in the
Republic of the Philippines that have a caregiver to provide
them personal care services described in section 1720G(a)(C)
of title 38, United States Code.
(5) An assessment of the staffing needs and associated
costs of making assistance and support available to
caregivers of veterans in the Republic of the Philippines.
(6) An assessment of the infrastructure needs and
associated costs of making assistance and support available
to caregivers of veterans in the Republic of the Philippines.
(7) An assessment of the local transportation challenges to
making assistance and support available to caregivers of
veterans in the Republic of the Philippines.
(8) An assessment of how the Secretary would determine
payment rates for caregivers of veterans in the Republic of
the Philippines to account for variances in living standards
in the Republic of the Philippines.
(9) Such other elements as the Secretary considers
appropriate.
(d) Definitions.--In this section:
(1) Caregiver.--The term ``caregiver'' has the meaning
given that term in section 1720G(d) of title 38, United
States Code.
(2) Patient enrollment system.--The term ``patient
enrollment system'' means the system of annual patient
enrollment of the Department of Veterans Affairs established
and operated under section 1705(a) of such title.
(3) Veteran.--The term ``veteran'' has the meaning given
that term in section 101(2) of such title.
SEC. 172. COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL
PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the Foreign
Medical Program.
(b) Elements.--The report required by subsection (a) shall
include, for the most recent five fiscal years for which data
are available, an assessment of the following:
(1) The number of veterans who live overseas and are
eligible for the Foreign Medical Program.
(2) The number of veterans who live overseas, are
registered for the Foreign Medical Program, and use such
program.
(3) The number of veterans who live overseas, are
registered for the Foreign Medical Program, and do not use
such program.
(4) The number of veterans who are eligible for care
furnished by the Department of Veterans Affairs, live in the
United States, including territories of the United States,
and make use of such care, including through the Veterans
Community Care Program under section 1703 of title 38, United
States Code.
(5) Any challenges faced by the Department in administering
the Foreign Medical Program, including--
(A) outreach to veterans on eligibility for such program
and ensuring veterans who live overseas are aware of such
program;
(B) executing timely reimbursements of claims by veterans
under such program; and
(C) need for and use of translation services.
(6) Any trends relating to--
(A) the timeliness of processing by the Department of
claims under the Foreign Medical Program and reimbursement of
veterans under such program;
(B) types of care or treatment sought by veterans who live
overseas that is reimbursed under such program; and
(C) types of care or treatment eligible for reimbursement
under such program that veterans have difficulty accessing
overseas.
(7) Any barriers or obstacles cited by veterans who live
overseas who are registered for the Foreign Medical Program,
including any differences between veterans who use the
program and veterans who do not.
(8) Satisfaction of veterans who live overseas with the
Foreign Medical Program.
(9) Such other areas as the Comptroller General considers
appropriate.
(c) Foreign Medical Program Defined.--In this section, the
term ``Foreign Medical Program'' means the program under with
the Secretary of Veterans Affairs provides hospital care and
medical services under section 1724 of title 38, United
States Code.
Subtitle G--Research Matters
SEC. 181. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
(a) In General.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7330D. Inapplicability of Paperwork Reduction Act to
research activities
``Subchapter I of chapter 35 of title 44 (commonly referred
to as the `Paperwork Reduction Act') shall not apply to the
voluntary collection of information during the conduct of
research by the Veterans Health Administration, including the
Office of Research and Development, or individuals or
entities affiliated with the Veterans Health
Administration.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 7330C the following new item:
``(1) ``7330D. Inapplicability of Paperwork Reduction Act
to research activities.''.
SEC. 182. RESEARCH AND DEVELOPMENT.
(a) Office of Research and Development.--Chapter 73 of
title 38, United States Code, is amended by adding at the end
the following new subchapter:
``SUBCHAPTER V--RESEARCH AND DEVELOPMENT
``Sec. 7381. Office of Research and Development
``(a) Office of Research and Development.--There is in the
Veterans Health Administration an Office of Research and
Development (in this section referred to as the `Office').
``(b) Purposes.--The function of the Office is to serve
veterans through a full spectrum of research (including pre-
clinical, clinical, and health systems science), technology
transfer, and application.
``(c) Chief Research and Development Officer.--The head of
the Office is the Chief Research and Development Officer.
``(d) Organization and Personnel.--The Office shall be
organized in such manner, and its personnel shall perform
such duties and have such titles, as the Secretary may
prescribe.
``Sec. 7382. Research personnel
``(a) Waiver of Intergovernmental Personnel Act Mobility
Program Limits.--The Secretary may waive the limit on the
period and number of assignments required under section
3372(a) of title 5 with respect to an individual who performs
research for the Department under the mobility program under
subchapter VI of chapter 33 of such title (commonly referred
to as the `Intergovernmental Personnel Act Mobility
Program').
``(b) Outside Earned Income for Research for the
Department.--(1) Compensation from a nonprofit corporation
established under subchapter IV of this chapter, or a
university affiliated with the Department, may be paid,
without regard to section 209 of title 18, to an employee
described in paragraph (2), for research conducted pursuant
to section 7303 of this title if--
``(A) the research has been approved in accordance with
procedures prescribed by the Under Secretary for Health;
``(B) the employee conducts research under the supervision
of personnel of the Department; and
``(C) the Secretary agreed to the terms of such
compensation in writing.
``(2) An employee described in this subsection is an
employee who has an appointment within the Department,
whether with or without compensation, and without regard to
the source of such compensation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``subchapter v--research and development
``7381. Office of Research and Development.
``7382. Research personnel.''.
SEC. 183. EXPANSION OF HIRING AUTHORITIES FOR CERTAIN CLASSES
OF RESEARCH OCCUPATIONS.
Section 7401(3) of title 38, United States Code, is amended
by inserting ``statisticians, economists, informaticists,
data scientists, and'' after ``blind rehabilitation
outpatient specialists,''.
SEC. 184. COMPTROLLER GENERAL STUDY ON DEDICATED RESEARCH
TIME FOR CERTAIN PERSONNEL OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the amount of time dedicated for
research for clinician-scientists appointed by the Secretary
of Veterans Affairs.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A review of the policies and practices of the
Department of Veterans Affairs regarding the time dedicated
for research for the personnel specified in subsection (a).
(2) An assessment of the effect of such policies and
practices on the following:
(A) The recruitment and retention efforts of the
Department.
(B) The productivity of the personnel specified in
subsection (a) with respect to research.
(C) The efficient use of resources available for research
on issues relating to the health of veterans.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report detailing the findings of the study
conducted under subsection (a).
Subtitle H--Mental Health Care
SEC. 191. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF
DEPARTMENT OF VETERANS AFFAIRS PROVIDING
EVIDENCE-BASED TREATMENTS FOR THE DIAGNOSIS OF
TREATMENT-RESISTANT DEPRESSION.
(a) Findings.--Congress makes the following findings:
(1) A systematic review in 2019 of the economics and
quality of life relating to treatment-resistant depression
summarized that major depressive disorder (in this subsection
referred to as ``MDD'') is a global public health concern and
that treatment-resistant depression in particular represents
a key unmet need. The findings of that review highlighted the
need for improved therapies for treatment-resistant
depression to reduce disease burden, lower medical costs, and
improve the quality of life of patients.
(2) The Clinical Practice Guideline for the Management of
MDD (in this subsection referred to as the ``CPG'') developed
jointly by the
[[Page H10338]]
Department of Veterans Affairs and the Department of Defense
defines treatment-resistant depression as at least two
adequate treatment trials and lack of full response to each.
(3) The CPG recommends electro-convulsive therapy (in this
subsection referred to as ``ECT'') as a treatment strategy
for patients who have failed multiple other treatment
strategies.
(4) The CPG recommends offering repetitive transcranial
magnetic stimulation (in this subsection referred to as
``rTMS''), an intervention that is indicated by the Food and
Drug Administration, for treatment during a major depressive
episode in patients with treatment-resistant MDD.
(5) The final report of the Creating Options for Veterans'
Expedited Recovery Commission (commonly referred to as the
``COVER Commission'') established under section 931 of the
Jason Simcakoski Memorial and Promise Act (title IX of Public
Law 114-198; 38 U.S.C. 1701 note) found that treatment-
resistant depression is a major issue throughout the mental
health treatment system, and that an estimated 50 percent of
depressed patients are inadequately treated by available
interventions.
(6) The COVER Commission also reported data collected from
the Department of Veterans Affairs that found that only
approximately 1,166 patients throughout the Department were
referred for ECT in 2018 and only approximately 772 patients
were referred for rTMS during that year.
(b) Analysis.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall complete an analysis of the feasibility and
advisability of making repetitive transcranial magnetic
stimulation available at all medical facilities of the
Department of Veterans Affairs and electro-convulsive therapy
available at one medical center located within each Veterans
Integrated Service Network for the treatment of veterans who
are enrolled in the patient enrollment system and have a
diagnosis of treatment-resistant depression.
(c) Inclusion of Assessment of Report.--The analysis
conducted under subsection (b) shall include an assessment of
the final report of the COVER Commission submitted under
section 931(e)(2) of the Jason Simcakoski Memorial and
Promise Act (title IX of Public Law 114-198; 38 U.S.C. 1701
note).
(d) Report.--Not later than 180 days after the conclusion
of the analysis conducted under subsection (b), the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report that includes the following:
(1) The results of such analysis.
(2) An assessment of the number of veterans who are
enrolled in the patient enrollment system and who have a
diagnosis of treatment-resistant depression per Veterans
Integrated Service Network during the two-year period
preceding the date of the report.
(3) An assessment of the number of the veterans who are
enrolled in the patient enrollment system who have a
diagnosis of treatment-resistant depression and who have
received or are currently receiving repetitive transcranial
magnetic stimulation or electro-convulsive therapy as a
treatment modality during the two-year period preceding the
date of the report.
(4) An assessment of the number and locations of medical
centers of the Department that currently provide repetitive
transcranial magnetic stimulation to veterans who are
enrolled in the patient enrollment system and who have a
diagnosis of treatment-resistant depression.
(5) An assessment of the number and locations of medical
centers of the Department that currently provide electro-
convulsive therapy to veterans who are enrolled in the
patient enrollment system and who have a diagnosis of
treatment-resistant depression.
(e) Patient Enrollment System Defined.--In this section,
the term ``patient enrollment system'' means the system of
annual patient enrollment of the Department of Veterans
Affairs established and operated under section 1705(a) of
title 38, United States Code.
SEC. 192. MODIFICATION OF RESOURCE ALLOCATION SYSTEM TO
INCLUDE PEER SPECIALISTS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall modify the Veterans Equitable Resource Allocation
system, or successor system, to ensure that resource
allocations under such system, or successor system, include
peer specialists appointed under section 7402(b)(13) of title
38, United States Code.
(b) Veterans Equitable Resource Allocation System
Defined.--In this section, the term ``Veterans Equitable
Resource Allocation system'' means the resource allocation
system established pursuant to section 429 of the Departments
of Veterans Affairs and House and Urban Development, and
Independent Agencies Appropriations Act, 1997 (Public Law
104-204; 110 Stat. 2929).
SEC. 193. GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTERVENTIONS OF
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall complete a gap analysis throughout the entire health
care system of the Veterans Health Administration on the use
and availability of psychotherapeutic interventions
recommended in widely used clinical practice guidelines as
recommended in the final report of the COVER Commission
submitted under section 931(e)(2) of the Jason Simcakoski
Memorial and Promise Act (title IX of Public Law 114-198; 38
U.S.C. 1701 note).
(b) Elements.--The gap analysis required under subsection
(a) shall include the following:
(1) An assessment of the psychotherapeutic interventions
available and routinely delivered to veterans at medical
centers of the Department of Veterans Affairs within each
Veterans Integrated Service Network of the Department.
(2) An assessment of the barriers faced by medical centers
of the Department in offering certain psychotherapeutic
interventions and why those interventions are not widely
implemented or are excluded from implementation throughout
the entire health care system of the Veterans Health
Administration.
(c) Report and Plan.--Not later than 180 days after
completing the gap analysis under subsection (a), the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives--
(1) a report on the results of the analysis; and
(2) a plan with measurable, time-limited steps for the
Department to implement--
(A) to address the gaps that limit access of veterans to
care; and
(B) to treat various mental health conditions across the
entire health care system of the Veterans Health
Administration.
SEC. 193A. PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST
THREE MENTAL HEALTH CARE OUTPATIENT VISITS OF
VETERANS.
(a) Prohibition on Collection.--Chapter 17 of title 38,
United States Code, is amended by inserting after section
1722B the following new section (and conforming the table of
sections at the beginning of such chapter accordingly):
``Sec. 1722C. Copayments: prohibition on collection of
copayments for first three mental health care outpatient
visits of veterans
``(a) Prohibition.--Except as provided in subsection (b),
notwithstanding section 1710(g) of this title or any other
provision of law, the Secretary may not impose or collect a
copayment for the first three mental health care outpatient
visits of a veteran in a calendar year for which the veteran
would otherwise be required to pay a copayment under the laws
administered by the Secretary.
``(b) Copayment for Medications.--The prohibition under
subsection (a) shall not apply with respect to the imposition
or collection of copayments for medications pursuant to
section 1722A of this title.
``(c) Mental Health Care Outpatient Visit Defined.--In this
section, the term `mental health care outpatient visit' means
an outpatient visit with a qualified mental health
professional for the primary purpose of seeking mental health
care or treatment for substance abuse disorder.
``(d) Sunset.--This section shall terminate on the date
that is five years after the date of the enactment of the
Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to mental health care outpatient
visits occurring on or after the date that is 180 days after
the date of the enactment of this Act.
Subtitle I--Other Matters
SEC. 194. REQUIREMENT FOR ONGOING INDEPENDENT ASSESSMENTS OF
HEALTH CARE DELIVERY SYSTEMS AND MANAGEMENT
PROCESSES OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Ongoing Assessments.--Subchapter I of chapter 17 of
title 38, United States Code, is amended by inserting after
section 1704 the following new section:
``Sec. 1704A. Independent assessments of health care delivery
systems and management processes
``(a) Independent Assessments.--(1) Not less frequently
than once every 10 years, the Secretary shall enter into one
or more contracts with a private sector entity or entities
described in subsection (d) to conduct an independent
assessment of the hospital care, medical services, and other
health care furnished by the Department.
``(2) Each assessment required under paragraph (1) shall
address each of the following:
``(A) Current and projected demographics and unique health
care needs of the patient population served by the
Department.
``(B) The accuracy of models and forecasting methods used
by the Department to project health care demand, including
with respect to veteran demographics, rates of use of health
care furnished by the Department, the inflation of health
care costs, and such other factors as may be determined
relevant by the Secretary.
``(C) The reliability and accuracy of models and
forecasting methods used by the Department to project the
budgetary needs of the Veterans Health Administration and how
such models and forecasting methods inform budgetary trends.
``(D) The authorities and mechanisms under which the
Secretary may furnish hospital care, medical services, and
other health care at facilities of the Department and non-
Department facilities, including through Federal and private
sector partners and at joint medical facilities, and the
effect of such authorities and mechanisms on eligibility and
access to care.
``(E) The organization, workflow processes, and tools used
by the Department to support clinical staffing, access to
care, effective length-of-stay management and care
transitions, positive patient experience, accurate
documentation, and subsequent coding of inpatient services.
``(F) The efforts of the Department to recruit and retain
staff at levels necessary to carry out the functions of the
Veterans Health Administration and the process used by the
Department to determine staffing levels necessary for such
functions.
``(G) The staffing level at each medical facility of the
Department and the productivity of
[[Page H10339]]
each health care provider at the medical facility, compared
with health care industry performance metrics, which may
include the following:
``(i) An assessment of the case load of, and number of
patients treated by, each health care provider at such
medical facility during an average week.
``(ii) An assessment of the time spent by each such health
care provider on matters other than the case load of the
health care provider, including time spent by the health care
provider as follows:
``(I) At a medical facility that is affiliated with the
Department.
``(II) Conducting research.
``(III) Training or supervising other health care
professionals of the Department.
``(iii) An assessment of the complexity of health care
conditions per patient treated by each health care provider
at such medical facility during an average week.
``(H) The information technology strategies of the
Department with respect to furnishing and managing health
care, including an identification of any weaknesses or
opportunities with respect to the technology used by the
Department, especially those strategies with respect to
clinical documentation of hospital care, medical services,
and other health care, including any clinical images and
associated textual reports, furnished by the Department in
facilities of the Department or non-Department facilities.
``(I) Business processes of the Veterans Health
Administration, including processes relating to furnishing
non-Department health care, insurance identification, third-
party revenue collection, and vendor reimbursement, including
an identification of mechanisms as follows:
``(i) To avoid the payment of penalties to vendors.
``(ii) To increase the collection of amounts owed to the
Department for hospital care, medical services, or other
health care provided by the Department for which
reimbursement from a third party is authorized and to ensure
that such amounts collected are accurate.
``(iii) To increase the collection of any other amounts
owed to the Department with respect to hospital care, medical
services, or other health care and to ensure that such
amounts collected are accurate.
``(iv) To increase the accuracy and timeliness of payments
by the Department to vendors and providers.
``(v) To reduce expenditures while improving the quality of
care furnished.
``(J) The purchase, distribution, and use of
pharmaceuticals, medical and surgical supplies, medical
devices, and health care-related services by the Department,
including the following:
``(i) The prices paid for, standardization of, and use by,
the Department with respect to the following:
``(I) Pharmaceuticals.
``(II) Medical and surgical supplies.
``(III) Medical devices.
``(ii) The use by the Department of group purchasing
arrangements to purchase pharmaceuticals, medical and
surgical supplies, medical devices, and health care-related
services.
``(iii) The strategy and systems used by the Department to
distribute pharmaceuticals, medical and surgical supplies,
medical devices, and health care-related services to Veterans
Integrated Service Networks and medical facilities of the
Department.
``(K) The competency of Department leadership with respect
to culture, accountability, reform readiness, leadership
development, physician alignment, employee engagement,
succession planning, and performance management.
``(L) The effectiveness of the authorities and programs of
the Department to educate and train health personnel pursuant
to section 7302 of this title.
``(M) The conduct of medical and prosthetic research of the
Department.
``(N) The provision of assistance by the Department to
Federal agencies and personnel involved in responding to a
disaster or emergency.
``(O) Such additional matters as may be determined relevant
by the Secretary.
``(b) Timing.--The private sector entity or entities
carrying out an assessment pursuant to subsection (a) shall
complete such assessment not later than 18 months after
entering into the contract described in such paragraph.
``(c) Leveraging of Existing Data and Contracts.--To the
extent practicable, the private sector entity or entities
carrying out an assessment pursuant to subsection (a) shall--
``(1) make maximum use of existing data that has been
compiled by the Department, compiled for the Department, or
purchased by the Department, including data that has been
collected for--
``(A) the performance of quadrennial market assessments
under section 7330C of this title;
``(B) the quarterly publication of information on staffing
and vacancies with respect to the Veterans Health
Administration pursuant to section 505 of the VA MISSION Act
of 2018 (Public Law 115-182; 38 U.S.C. 301 note); and
``(C) the conduct of annual audits pursuant to section 3102
of the Johnny Isakson and David P. Roe, M.D. Veterans Health
Care and Benefits Improvement Act of 2020 (Public Law 116-
315; 38 U.S.C. 1701 note).
``(2) maximize the use of existing contracts and other
agreements of the Department for studies, analysis, data
collection, or research in order to efficiently fulfill the
requirements of this section.
``(d) Private Sector Entities Described.--A private sector
entity described in this subsection is a private entity
that--
``(1) has experience and proven outcomes in optimizing the
performance of national health care delivery systems,
including the Veterans Health Administration, other federal
health care systems, and systems in the private, non-profit,
or public health care sector;
``(2) specializes in implementing large-scale
organizational and cultural transformations, especially with
respect to health care delivery systems; and
``(3) is not currently under contract with the Department
to provide direct or indirect patient care or related
clinical care services or supplies under the laws
administered by the Secretary.
``(e) Program Integrator.--(1) If the Secretary enters into
contracts with more than one private sector entity under
subsection (a) with respect to a single assessment under such
subsection, the Secretary shall designate one such entity as
the program integrator.
``(2) The program integrator designated pursuant to
paragraph (1) shall be responsible for coordinating the
outcomes of the assessments conducted by the private sector
entities pursuant to such contracts.
``(f) Reports.--(1)(A) Not later than 60 days after
completing an assessment pursuant to subsection (a), the
private sector entity or entities carrying out such
assessment shall submit to the Secretary and the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the findings and recommendations of the private sector entity
or entities with respect to such assessment.
``(B) Each report under subparagraph (A) with respect to an
assessment shall include an identification of the following:
``(i) Any changes with respect to the matters included in
such assessment since the date that is the later of the
following:
``(I) The date on which the independent assessment under
section 201 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C.
1701 note) was completed.
``(II) The date on which the last assessment under
subsection (a) was completed.
``(ii) Any recommendations regarding matters to be covered
by subsequent assessments under subsection (a), including any
additional matters to include for assessment or previously
assessed matters to exclude.
``(2) Not later than 30 days after receiving a report under
paragraph (1), the Secretary shall publish such report in the
Federal Register and on a publicly accessible internet
website of the Department.
``(3) Not later than 90 days after receiving a report under
paragraph (1), the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
outlining the feasibility and advisability of implementing
the recommendations made by the private sector entity or
entities in such report received, including an identification
of the timeline, cost, and any legislative authorities
necessary for such implementation.
``(g) Sunset.--The requirement to enter into contracts
under subsection (a) shall terminate on December 31, 2055.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1704 the following new item:
``1704A. Independent assessments of health care delivery systems and
management processes.''.
(c) Deadline for Initial Assessment.--The initial
assessment under section 1704A of title 38, United States
Code, as added by subsection (a), shall be completed by not
later than December 31, 2025.
SEC. 195. IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY
OF DATA PROVIDED BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) Review of Timeliness and Quality of Care Data.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall complete a review of data that is publicly available on
the Access to Care internet website of the Department of
Veterans Affairs (or successor website)) (in this section
referred to as the ``Website'').
(2) Analysis.--The review under paragraph (1) shall include
an analysis of the access to and usability of the publicly
available data on the Website, including a review of the
availability of the following data:
(A) Any numeric indicators relating to timely care,
effective care, safety, and veteran-centered care that the
Secretary collects at medical facilities of the Department
pursuant to section 1703C of title 38, United States Code.
(B) The patient wait times information required by
subsection (a) of section 206 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 128 Stat.
1780); and
(C) the patient safety, quality of care, and outcome
measures required by subsection (b) of such section 206.
(3) Consultation.--In conducting the review under paragraph
(1) of data described in such paragraph, the Secretary shall
consult with veterans service organizations, veterans, and
caregivers of veterans from geographically diverse areas and
representing different eras of service in the Armed Forces to
gather insights about potential modifications that could help
improve the understanding and use of such data.
(4) Report.--Not later than 30 days after completing the
review under paragraph (1), the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the outcome of the review,
including an assessment of how the Secretary plans to modify
the presentation of data described in such paragraph in light
of the findings of the review.
(b) Requirements of Website.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, in addition to the requirements of
section 206(b)(4) of the Veterans Access, Choice, and
Accountability
[[Page H10340]]
Act of 2014 (Public Law 113-146; 128 Stat. 1781), the
Secretary shall ensure that the Website meets the following
requirements:
(A) The Website is directly accessible from--
(i) the main homepage of the publicly accessible internet
website of the Department; and
(ii) the main homepage of the publicly accessible internet
website of each medical center of the Department.
(B) Where practicable, the Website is organized and
searchable by each medical center of the Department.
(C) The Website is easily understandable and usable by the
general public.
(2) Consultation and contract authority.--In carrying out
the requirements of paragraph (1)(C), the Secretary--
(A) shall consult with--
(i) veterans service organizations; and
(ii) veterans and caregivers of veterans from
geographically diverse areas and representing different eras
of service in the Armed Forces; and
(B) may enter into a contract to design the Website with a
company, non-profit entity, or other entity specializing in
website design that has substantial experience in presenting
health care data and information in a easily understandable
and usable manner to patients and consumers.
(c) Accuracy of Data.--
(1) Annual process.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall
develop and implement a process to annually audit a
generalizable subset of the data contained on the Website to
assess the accuracy and completeness of the data.
(2) Criteria.--The Secretary shall ensure that each audit
under paragraph (1)--
(A) determines the extent that the medical record
information, clinical information, data, and documentation
provided by each medical facility of the Department that is
used to calculate the information on the Website is accurate
and complete;
(B) identifies any deficiencies in the recording of medical
record information, clinical information, or data by medical
facilities of the Department that affects the accuracy and
completeness of the information on the Website; and
(C) provides recommendations to medical facilities of the
Department on how to--
(i) improve the accuracy and completeness of the medical
record information, clinical information, data, and
documentation that is used to calculate the information on
the Website; and
(ii) ensure that each medical facility of the Department
provides such information in a uniform manner.
(3) Annual report.--Not later than two years after the date
of the enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the findings of each
audit under paragraph (1).
TITLE II--BENEFITS MATTERS
Subtitle A--Benefits Generally
SEC. 201. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF
VETERANS AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.
(a) Short Title.--This section may be cited as the .
(b) Process for Clothing Allowance Claims.--Section 1162 of
title 38, United States Code, is amended--
(1) by striking ``The Secretary under'' and inserting:
``(a) Eligibility Requirements.--The Secretary, under'';
(2) in paragraph (2)--
(A) by striking ``which (A) a physician'' and inserting:
``which--''
``(A) a physician''; and
(B) by striking ``, and (B) the Secretary'' and inserting
the following: ``; and
``(B) the Secretary''; and
(3) by adding at the end the following new subsections:
``(b) Continuous Nature of Payments.--Payments made to a
veteran under subsection (a) shall continue on an
automatically recurring annual basis until the earlier of the
following:
``(1) The date on which the veteran elects to no longer
receive such payments.
``(2) The date on which the Secretary determines the
veteran is no longer eligible pursuant to subsection (c).
``(c) Reviews of Claims.--(1) The Secretary shall, in
accordance with this subsection, conduct reviews of a claim
on which a clothing allowance for a veteran under subsection
(a) is based to determine the continued eligibility of the
veteran for such allowance.
``(2) The Secretary shall prescribe standards for
determining whether a claim for a clothing allowance is based
on a veteran's wearing or use of a prosthetic, orthopedic
appliance (including a wheelchair), or medication whose wear
or tear or irreparable damage on a veteran's outergarments or
clothing is as likely as not subject to no change for the
duration of such wearing or use.
``(3)(A) If the Secretary determines, pursuant to standards
prescribed under paragraph (2), that a claim for a clothing
allowance is based on wear or tear or irreparable damage that
is as likely as not subject to no change, the veteran shall
continue to be deemed eligible for receipt of a clothing
allowance under this section until the Secretary--
``(i) receives notice under subparagraph (B); or
``(ii) finds otherwise under subparagraph (C) or (D).
``(B) The Secretary shall require a veteran who is
receiving a clothing allowance under subsection (a), based on
the wearing or use of a prosthetic, orthopedic appliance
(including a wheelchair), or medication, to notify the
Secretary when the veteran terminates the wearing or use of
such a prosthetic, orthopedic appliance, or medication.
``(C) For each veteran who is receiving a clothing
allowance under subsection (a), based on the wearing or use
of a prosthetic, orthopedic appliance (including a
wheelchair), or medication, the Secretary shall periodically
review the veteran's Department records for evidence that the
veteran has terminated the wearing or use of such a
prosthetic, orthopedic appliance, or medication.
``(D) If a veteran who is receiving a clothing allowance
under subsection (a), based on the wearing or use of a
prosthetic, orthopedic appliance (including a wheelchair), or
medication, has received such clothing allowance beyond the
prescribed or intended lifespan of such prosthetic,
orthopedic appliance, or medication, the Secretary may
periodically request the veteran to attest to continued
usage.
``(4) If the Secretary determines that a claim for a
clothing allowance under subsection (a) does not meet the
requirements of paragraph (3)(A), then the Secretary may
require the veteran to recertify the veteran's continued
eligibility for a clothing allowance under this section
periodically, but not more frequently than once each year.
``(5) When reviewing a claim under this subsection, the
Secretary shall evaluate the evidence presented by the
veteran and such other relevant evidence as the Secretary
determines appropriate.
``(d) Determination Regarding Continued Eligibility.--If
the Secretary determines, as the result of a review of a
claim conducted under subsection (c), that the veteran who
submitted such claim no longer meets the requirements
specified in subsection (a), the Secretary shall--
``(1) provide to the veteran notice of such determination
that includes a description of applicable actions that may be
taken following the determination, including the actions
specified in section 5104C of this title; and
``(2) discontinue the clothing allowance based on such
claim.''.
(c) Applicability.--The amendments made by subsection (b)
shall apply with respect to--
(1) claims for clothing allowance submitted on or after the
date of the enactment of this Act; and
(2) claims for clothing allowance submitted prior to the
date of the enactment of this Act, if the veteran who
submitted such claim is in receipt of the clothing allowance
as of the date of the enactment of this Act.
SEC. 202. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-
CONNECTED DISABILITIES WHO DIE OF COVID-19.
(a) In General.--The Secretary of Veterans Affairs shall
secure a medical opinion to determine if a service-connected
disability was the principal or contributory cause of death
before notifying the survivor of the final decision in any
case in which all of the following factors are met:
(1) A claim for compensation is filed under chapter 13 of
title 38, United States Code, with respect to a veteran with
one or more service-connected disabilities who dies.
(2) The death certificate for the veteran identifies
Coronavirus Disease 2019 (COVID-19) as the principal or
contributory cause of death.
(3) The death certificate does not clearly identify any of
the service-connected disabilities of the veteran as the
principal or contributory cause of death.
(4) A service-connected disability of the veteran includes
a condition more likely to cause severe illness from COVID-19
as determined by the Centers for Disease Control and
Prevention.
(5) The claimant is not entitled to benefits under section
1318 of such title.
(6) The evidence to support the claim does not result in a
preliminary finding in favor of the claimant.
(b) Outreach.--The Secretary shall provide information to
veterans, dependents, and veterans service organizations
about applying to dependency and indemnity compensation when
a veteran dies from COVID-19. The Secretary shall provide
such information through the website of the Department of
Veterans Affairs and via other outreach mechanisms.
(c) Annual Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for five
years, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the effects of the requirement to secure medical opinions
pursuant to such subsection on dependency and indemnity
compensation benefits under chapter 13 of title 38, United
States Code.
(2) Contents.--Each report submitted under paragraph (1)
shall include, with respect to the year for which the report
is submitted, the following:
(A) The total number of dependency and indemnity
compensation claims filed.
(B) The number and percentage of dependency and indemnity
compensation claims for which a disposition has been made,
disaggregated by whether the disposition was a grant, denial,
deferral, or withdrawal.
(C) The accuracy rate for all dependency and indemnity
compensation claims.
(D) The total number of covered claims filed.
(E) The number and percentage of covered claims for which a
disposition has been made, disaggregated by whether the
disposition was a grant, denial, deferral, or withdrawal.
(F) The accuracy rate for covered claims.
(G) The total number and cost of medical opinions secured
by the Secretary pursuant to subsection (a).
(d) Study on Claims Denied Prior to Enactment.--
(1) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall complete a study
on covered claims that
[[Page H10341]]
were denied prior to the date of the enactment of this Act
and submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Secretary
with respect to such study, including a description of any
improvements made as a result of such study to trainings of
the Department of Veterans Affairs relating to dependency and
indemnity compensation claims.
(2) Methodology.--In carrying out the study under paragraph
(1), the Secretary shall use a statistically valid, random
sample of covered claims.
(3) Elements.--The study under paragraph (1) shall include,
with respect to covered claims denied prior to the date of
the enactment of this Act, the following elements:
(A) A review of whether the individuals processing such
covered claims--
(i) correctly applied applicable laws, regulations, and
policies, operating procedures, and guidelines of the
Department of Veterans Affairs relating to the adjudication
of dependency and indemnity compensation claims; and
(ii) completed all necessary claim development actions
prior to making a disposition for the claim.
(B) An identification of--
(i) the total number of covered claims reviewed under the
study;
(ii) the number and percentage of such covered claims the
processing of which involved errors;
(iii) the top five claims processing errors and the number
of such covered claims the processing of which involved any
of such five errors.
(e) Study on Claims Denied Following Enactment.--
(1) Study.--Not later than two years after the date of the
enactment of this Act, the Secretary shall complete a study
on covered claims that have been denied following the date of
the enactment of this Act and submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the findings of the Secretary with respect to such study,
including a description of any improvements made as a result
of such study to trainings of the Department of Veterans
Affairs relating to dependency and indemnity compensation
claims.
(2) Methodology.--In carrying out the study under paragraph
(1), the Secretary shall use a statistically valid, random
sample of covered claims.
(3) Elements.--The study under paragraph (1) shall include,
with respect to covered claims denied following the date of
the enactment of this Act, each of the elements specified in
subsection (d)(3).
(f) Covered Claim Defined.--In this section, the term
``covered claim'' means a dependency and indemnity
compensation claim filed with respect to a veteran the death
certificate of whom identifies COVID-19 as the principal or
contributory cause of death.
SEC. 203. ENHANCED LOAN UNDERWRITING METHODS.
(a) In General.--Section 3710 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(i)(1) The Secretary, in consultation with the advisory
group established under paragraph (3)(A), shall prescribe
regulations and issue guidance to assist lenders in
evaluating the sufficiency of the residual income of a
veteran pursuant to paragraph (2).
``(2)(A) Pursuant to the regulations and guidance
prescribed under paragraph (1), in the case of a loan to a
veteran to be guaranteed under this chapter, if the veteran
provides to the lender an energy efficiency report described
in subparagraph (B) --
``(i) the evaluation by the lender of the sufficiency of
the residual income of the veteran shall include a
consideration of the estimate of the expected energy cost
savings contained in the report; and
``(ii) the lender may apply the underwriting expertise of
the lender in adjusting the residual income of the veteran in
accordance with the information in the report.
``(B) An energy efficiency report described in this
subparagraph is a report made with respect to a home for
which a loan is to be guaranteed under this chapter that
includes each of the following:
``(i) An estimate of the expected energy cost savings
specific to the home, based on specific information about the
home, including savings relating to electricity or natural
gas, oil, and any other fuel regularly used to supply energy
to the home.
``(ii) Any information required to be included pursuant to
the regulations and guidance and regulations prescribed by
the Secretary under paragraph (1).
``(iii) Information with respect to the energy efficiency
of the home as determined pursuant to--
``(I) the Residential Energy Service Network's Home Energy
Rating System (commonly know as `HERS') by an individual
certified by such Network; or
``(II) an other method determined appropriate by the
Secretary, in consultation with the advisory group under
paragraph (3), including with respect to third-party quality
assurance procedures.
``(3)(A) To assist the Secretary in carrying out this
subsection, the Secretary shall establish an advisory group
consisting of individuals representing the interests of--
``(i) mortgage lenders;
``(ii) appraisers;
``(iii) energy raters and residential energy consumption
experts;
``(iv) energy efficiency organizations;
``(v) real estate agents;
``(vi) home builders and remodelers;
``(vii) consumer advocates;
``(viii) veterans' service organizations; and
``(ix) other persons determined appropriate by the
Secretary.
``(B) The advisory group established under subparagraph (A)
shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
``(4) The Secretary shall ensure that marketing materials
that the Secretary provides to veterans with respect to loans
guaranteed under this chapter include information regarding
the use of energy efficiency reports under this subsection.
``(5) Not later than one year after the date on which the
Secretary issues the regulations and guidance pursuant to
paragraph (2), and every year thereafter, the Secretary shall
submit to Congress and make publicly available a report that
includes the following information for the year covered by
the report:
``(A) An enumeration of the number of loans guaranteed
under this chapter for which a veteran provided to the
Secretary an energy efficiency report under this subsection,
including the number of such loans for which cost savings
were taken into account pursuant to paragraph (1).
``(B) Of the number of loans enumerated under subparagraph
(A), an enumeration of the default rates and rates of
foreclosure, including how such enumeration compares with the
default rates and rates of foreclosure for guaranteed loans
for which no energy efficiency report is provided.''.
(b) Clarification of Requirements Regarding Energy
Efficiency Standards.--Section 3704(f) of such title is
amended by striking ``such standards'' and inserting the
following: ``the standards established under such section
109, as in effect on the date of such construction''.
SEC. 204. DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38,
United States Code, is amended by striking ``January 14,
2031'' each place it appears and inserting ``November 14,
2031''.
Subtitle B--Education
SEC. 211. NATIVE VETSUCCESS AT TRIBAL COLLEGES AND
UNIVERSITIES PILOT PROGRAM.
(a) Short Title.--This section may be cited as the ``Native
VetSuccess at Tribal Colleges and Universities Pilot Program
Act''.
(b) Pilot Program.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall commence carrying out a pilot program to assess the
feasibility and advisability of expanding the VetSuccess on
Campus program to additional Tribal colleges and
universities.
(2) Designation.--The pilot program carried out under
paragraph (1) shall be known as the ``Native VetSuccess at
Tribal Colleges and Universities Pilot Program''.
(c) Duration.--The Secretary shall carry out the pilot
program required by subsection (b)(1) during the five-year
period beginning on the date of the commencement of the pilot
program.
(d) Parameters.--Under the pilot program required by
subsection (b)(1) the Secretary shall--
(1) identify three regional Native VetSuccess service areas
consisting of at least two participating Tribal colleges or
universities that do not already have a VetSuccess program,
counselor, or outreach coordinator; and
(2) assign to each regional Native VetSuccess service area
a VetSuccess on Campus counselor and a full-time Vet Center
outreach coordinator, both of whom shall--
(A) be based on one or more of the participating Tribal
colleges or universities in the service area; and
(B) provide for eligible students at such participating
colleges and universities with all services for which such
students would be eligible under the VetSuccess on Campus
program of the Department of Veterans Affairs.
(e) Eligible Students.--For purposes of the pilot program,
an eligible student is a student who is a veteran, member of
the Armed Forces, or dependent of a veteran or member of the
Armed Forces who is eligible for any service or benefit under
the VetSuccess on Campus program of the Department.
(f) Consultation Requirement.--In developing the pilot
program required by subsection (b)(1), the Secretary shall,
acting through the Veteran Readiness and Employment Program
of the Department of Veterans Affairs and in coordination
with the Office of Tribal Government Relations of the
Department, consult with Indian Tribes, and Tribal
organizations, and seek comment from the Advisory Committee
on Tribal and Indian Affairs of the Department, and veterans
service organizations regarding each of the following:
(1) The design of the pilot program.
(2) The process for selection of the three regional Native
VetSuccess service areas and participating Tribal colleges
and universities, taking into consideration--
(A) the number of eligible students enrolled in the college
or university and in the regional service area;
(B) the capacity of the colleges and universities in the
regional service area to accommodate a full-time VetSuccess
on Campus counselor and a full-time Vet Center outreach
coordinator;
(C) barriers in specific regional service areas that
prevent native veterans' access to benefits and services
under the laws administered by the Secretary; and
(D) any other factor that the Secretary, in consultation
with Indian Tribes and Tribal organizations, and after
considering input from veterans service organizations and the
Advisory Committee on Tribal and Indian Affairs identifies as
relevant.
(3) The most effective way to provide culturally competent
outreach and services to eligible students at Tribal colleges
and universities.
(g) Outreach to Colleges and Universities.--The Secretary
shall provide notice of
[[Page H10342]]
the pilot program to all Tribal colleges and universities and
encourage all Tribal colleges and universities to coordinate
with each other to create regional service areas to
participate in the pilot program.
(h) Briefings and Reports.--
(1) Implementation briefing.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
provide the appropriate committees of Congress a briefing
on--
(A) the design, structure, and objectives of the pilot
program required by subsection (b)(1); and
(B) the three regional Native Vet Success service areas and
the Tribal colleges and universities selected for
participation in the pilot program and the reason for the
selection of such service areas and such colleges and
universities.
(2) Report.--
(A) In general.--Not later than four years after the date
on which the Secretary commences the pilot program under
subsection (b)(1), the Secretary shall submit to the
appropriate committees of Congress a report on the pilot
program.
(B) Contents.--The report submitted under subparagraph (A)
shall include each of the following:
(i) The number of eligible students provided services
through the pilot program.
(ii) The types of services that eligible students received
through the pilot program.
(iii) The graduation rate of eligible students who received
services through the pilot program and graduation rate of
eligible students who did not receive services through the
pilot program.
(iv) The rate of employment within one year of graduation
for eligible students who received services through the pilot
program.
(v) Feedback from each Tribal college or university that
participated in the pilot program, including on the regional
nature of the program.
(vi) Analysis of the feasibility of expanding a regionally
based Native VetSuccess at Tribal Colleges and Universities
Program, including an explanation of the challenges of such a
model due to issues with distance, communication, and
coordination, and to the level of unmet services.
(vii) A detailed proposal regarding a long-term extension
of the pilot program, including a budget, unless the
Secretary determines that such an extension is not
appropriate.
(i) Definitions.--In this section:
(1) Appropriate committee of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Indian Affairs of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Natural Resources of the House of Representatives.
(2) Culturally competent.--The term ``culturally
competent'' means considerate of the unique values, customs,
traditions, cultures, and languages of Native American
veterans.
(3) Tribal college or university.--The term ``Tribal
college or university'' has the meaning given the term
``Tribal College or University'' under section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c).
(4) Tribal organization.--The term ``Tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
SEC. 212. EDUCATION FOR SEPARATING MEMBERS OF THE ARMED
FORCES REGARDING REGISTERED APPRENTICESHIPS.
Section 1144(b)(1) of title 10, United States Code, is
amended by inserting ``(including apprenticeship programs
approved under chapters 30 through 36 of title 38)'' after
``employment opportunities''.
SEC. 213. WEBSITES REGARDING APPRENTICESHIP PROGRAMS.
(a) Website Under the Jurisdiction of Secretary of Labor.--
The Assistant Secretary of Labor for Veterans' Employment and
Training, in coordination with the Secretary of Veterans
Affairs, shall establish a user-friendly website (or update
an existing website) that is available to the public on which
veterans can find information about apprenticeship programs
registered under the Act of August 16, 1937 (50 Stat. 664;
commonly referred to as the ``National Apprenticeship Act'')
and approved under chapters 30 through 36 of title 38, United
States Code. Such information shall be searchable and
sortable by occupation and location, and include, with regard
to each such program, the following:
(1) A description, including any cost to a veteran.
(2) Contact information.
(3) Whether the program has been endorsed by a veterans
service organization or nonprofit organization that caters to
veterans.
(4) Whether the program prefers to hire veterans.
(5) Each certification or degree an individual earns by
completing the program.
(b) Coordination With Other Website.--The Assistant
Secretary shall update all information regarding programs for
veterans listed on apprenticeship.gov (or any successor
website) to include the information specified under
subsection (a).
SEC. 214. TRANSFER OF ENTITLEMENT TO POST-9/11 EDUCATIONAL
ASSISTANCE PROGRAM OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Paragraph (4) of section 3319(h) of title
38, United States Code, is amended to read as follows:
``(4) Death of transferor.--
``(A) In general.--The death of an individual transferring
an entitlement under this section shall not affect the use of
the entitlement by the dependent to whom the entitlement is
transferred.
``(B) Death prior to transfer to designated transferees.--
(i) In the case of an eligible individual whom the Secretary
has approved to transfer the individual's entitlement under
this section who, at the time of death, is entitled to
educational assistance under this chapter and has designated
a transferee or transferees under subsection (e) but has not
transferred all of such entitlement to such transferee or
transferees, the Secretary shall transfer the entitlement of
the individual under this section by evenly distributing the
amount of such entitlement between all such transferees who
would not be precluded from using some or all of the
transferred benefits due to the expiration of time
limitations found in paragraph (5) of this subsection or
section 3321 of this title, notwithstanding the limitations
under subsection (f).
``(ii) If a transferee cannot use all of the transferred
benefits under clause (i) because of expiration of a time
limitation, the unused benefits will be distributed among the
other designated transferees who would not be precluded from
using some or all of the transferred benefits due to
expiration of time limitations found in paragraph (5) of this
subsection or section 3321 of this title, unless or until
there are no transferees who would not be precluded from
using the transferred benefits because of expiration of a
time limitation.''.
(b) Applicability.--Paragraph (4)(B) of section 3319(h) of
title 38, United States Code, shall apply with respect to an
eligible individual who dies on or after November 1, 2018.
SEC. 215. USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS
AFFAIRS SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE PROGRAM FOR SECONDARY SCHOOL
EDUCATION.
(a) In General.--Section 3501(a)(6) of title 38, United
States Code, is amended--
(1) by striking ``secondary school,''; and
(2) by striking ``secondary school level'' and inserting
``postsecondary school level''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on August 1, 2026, and shall apply with
respect to an academic period that begins on or after that
date.
SEC. 216. ESTABLISHMENT OF PROTECTIONS FOR A MEMBER OF THE
ARMED FORCES WHO LEAVES A COURSE OF EDUCATION,
PAID FOR WITH CERTAIN EDUCATIONAL ASSISTANCE,
TO PERFORM CERTAIN SERVICE.
(a) Establishment.--Chapter 36 of title 38, United States
Code, amended by inserting after section 3691 the following
new section:
``Sec. 3691A. Withdrawal or leave of absence from certain
education
``(a) In General.--(1) A covered member may, after
receiving orders to enter a period of covered service,
withdraw or take a leave of absence from covered education.
``(2)(A) The institution concerned may not take any adverse
action against a covered member on the basis that such
covered member withdraws or takes a leave of absence under
paragraph (1).
``(B) Adverse actions under subparagraph (A) include the
following:
``(i) The assignment of a failing grade to a covered member
for covered education.
``(ii) The reduction of the grade point average of a
covered member for covered education.
``(iii) The characterization of any absence of a covered
member from covered education as unexcused.
``(iv) The assessment of any financial penalty against a
covered member.
``(b) Withdrawal.--If a covered member withdraws from
covered education under subsection (a), the institution
concerned shall refund all tuition and fees (including
payments for housing) for the academic term from which the
covered member withdraws.
``(c) Leave of Absence.--If a covered member takes a leave
of absence from covered education under subsection (a), the
institution concerned shall--
``(1) assign a grade of `incomplete' (or equivalent) to the
covered member for covered education for the academic term
from which the covered member takes such leave of absence;
and
``(2) to the extent practicable, permit the covered member,
upon completion of the period covered service, to complete
such academic term.
``(d) Definitions.--In this section:
``(1) The term `covered education' means a course of
education--
``(A) at an institution of higher education; and
``(B) paid for with educational assistance furnished under
a law administered by the Secretary.
``(2) The term `covered member' means a member of the Armed
Forces (including the reserve components) enrolled in covered
education.
``(3) The term `covered service' means--
``(A) active service or inactive-duty training, as such
terms are defined in section 101 of title 10; or
``(B) State active duty, as defined in section 4303 of this
title.
``(4) The term `institution concerned' means, with respect
to a covered member, the institution of higher education
where the covered member is enrolled in covered education.
``(5) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
``(6) The term `period of covered service' means the period
beginning on the date on which a covered member enters
covered service and ending on the date on which the covered
member is released from covered service or dies while in
covered service.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such chapter is amended by inserting after the
item relating to section 3691 the following new item:
``3691A.Withdrawal or leave of absence from certain education.''.
[[Page H10343]]
Subtitle C--GI Bill National Emergency Extended Deadline Act
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``GI Bill National
Emergency Extended Deadline Act of 2022''.
SEC. 232. EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT
UNDER DEPARTMENT OF VETERANS AFFAIRS
EDUCATIONAL ASSISTANCE PROGRAMS BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS.
(a) Montgomery GI Bill.--Section 3031 of title 38, United
States Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for
educational assistance under this chapter who is prevented
from pursuing the individual's chosen program of education
before the expiration of the 10-year period for the use of
entitlement under this chapter otherwise applicable under
this section because of a covered reason, as determined by
the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the individual
is able to resume pursuit of a program of education with
educational assistance under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from
pursuing the individual's chosen program of education, as
determined by the Secretary.''.
(b) Post-9/11 Educational Assistance.-- Section 3321(b)(1)
of such title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)'';
and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall
apply with respect to the running of the 15-year period
described in paragraphs (4)(A) and (5)(A) of this subsection
in the same manner as such subsection (i) applies under such
section 3031 with respect to the running of the 10-year
period described in subsection (a) of such section.''.
SEC. 233. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS UNDER DEPARTMENT OF VETERANS AFFAIRS
TRAINING AND REHABILITATION PROGRAM FOR
VETERANS WITH SERVICE-CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a
vocational rehabilitation program under this chapter and who
is prevented from participating in the vocational
rehabilitation program within the period of eligibility
prescribed in subsection (a) because of a covered reason, as
determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the veteran is
able to resume participation in a vocational rehabilitation
program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 234. PERIOD FOR ELIGIBILITY UNDER SURVIVORS' AND
DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3512 of title 38, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection (f); and
(2) by adding at the end the following new subsection:
``(g) Notwithstanding any other provision of this section,
the following persons may be afforded educational assistance
under this chapter at any time after August 1, 2023, and
without regard to the age of the person:
``(1) A person who first becomes an eligible person on or
after August 1, 2023.
``(2) A person who--
``(A) first becomes an eligible person before August 1,
2023; and
``(B) becomes 18 years of age, or completes secondary
schooling, on or after August 1, 2023.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a), by striking ``The educational'' and
inserting ``Except as provided in subsection (g), the
educational'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``subsection (g) or''
after ``provided in''; and
(B) in paragraph (2), by striking ``Notwithstanding'' and
inserting ``Except as provided in subsection (g),
notwithstanding''; and
(3) in subsection (e), by striking ``No person'' and
inserting ``Except as provided in subsection (g), no
person''.
Subtitle D--Rural Veterans Travel Enhancement
SEC. 241. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
FRAUD, WASTE, AND ABUSE OF THE DEPARTMENT OF
VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM.
(a) Study and Report Required.--Not later than three years
after the date of the enactment of this Act, the Comptroller
General of the United States shall--
(1) complete a study on fraud, waste, and abuse of the
benefits furnished under section 111 of title 38, United
States Code, that may have occurred during the five-year
period ending on the date of the enactment of this Act; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller
General with respect to the study completed under paragraph
(1).
(b) Elements.--Study conducted under subsection (a)(1)
shall cover the following:
(1) The quantity and monetary amount of claims that have
been adjudicated as fraudulent or improper, disaggregated, to
the extent possible, by general health care travel and by
special mode of transportation.
(2) Instances of potential fraud or improper payments that
may have occurred but were not detected, disaggregated, to
the extent possible, by general health care travel and by
special mode of transportation.
(3) The efforts of the Secretary of Veterans Affairs to
mitigate fraud and the effectiveness of the efforts of the
Secretary.
(4) Assessment of communication and training provided by
the Department of Veterans Affairs to employees and
contractors handling claims filed under section 111 of such
title regarding fraud.
(5) Such recommendations as the Comptroller General may
have for further mitigation of fraud, waste, and abuse.
SEC. 242. COMPTROLLER GENERAL STUDY AND REPORT ON
EFFECTIVENESS OF DEPARTMENT OF VETERANS AFFAIRS
BENEFICIARY TRAVEL PROGRAM MILEAGE
REIMBURSEMENT AND DEDUCTIBLE AMOUNTS.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States
shall--
(1) complete a study on--
(A) the efficacy of the current mileage reimbursement rate
under subsection (a) of section 111 of title 38, United
States Code, in mitigating the financial burden of
transportation costs for traveling to and from Department of
Veterans Affairs medical facilities for medical care;
(B) the origins of the amount of the deductible under
subsection (c) of such section and its impact on the efficacy
of the benefits provided under such section in mitigating
financial burden on veterans seeking medical care; and
(C) developing such recommendations as the Comptroller
General may have for how this program or another
transportation assistance program could further encourage
veterans, especially low-income veterans, to seek medical
care, especially mental health care; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller
General with respect to the study completed under paragraph
(1).
SEC. 243. DEPARTMENT OF VETERANS AFFAIRS TRANSPORTATION PILOT
PROGRAM FOR LOW INCOME VETERANS.
(a) Pilot Program Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall commence carrying out a pilot program
to assess the feasibility and advisability of providing
payments authorized under subsection (a) of section 111 of
title 38, United States Code, 48 hours in advance of travel
to eligible appointments to veterans and other eligible
individuals who are also eligible for a deduction waiver as
provided by paragraphs (3) and (4) of subsection (c) of such
section.
(b) Duration.--The Secretary shall carry out the pilot
program during the five-year period beginning on the date of
the commencement of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot
program at not fewer than five locations selected by the
Secretary for purposes of the pilot program.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the completion of the pilot program, the Secretary shall
submit to Congress a report on the findings of the Secretary
with respect to the pilot program.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The number of individuals who benefitted from the pilot
program broken, disaggregated by geographic location, race or
ethnicity, age, disability rating, and sex.
(B) Average distance traveled by participants to
appointments and average funds provided per appointment,
disaggregated by geographic region.
(C) A description of any impediments to carrying out the
pilot program.
(D) An account of payments provided for travel that did not
occur or was authorized incorrectly.
(E) An account of any attempts to retrieve such payment.
(F) Recommendations of the Secretary for legislative or
administrative action to reduce improper payments.
(G) An assessment of the feasibility and advisability of
providing payments as described in subsection (a).
[[Page H10344]]
SEC. 244. PILOT PROGRAM FOR TRAVEL COST REIMBURSEMENT FOR
ACCESSING READJUSTMENT COUNSELING SERVICES.
(a) Pilot Program Required.--Not later than 270 days after
the date of the enactment of this Act, the Secretary shall
establish and commence a pilot program, within the
Readjustment Counseling Services of the Veterans Health
Administration, to assess the feasibility and advisability of
providing payment to cover or offset financial difficulties
of an individual in accessing or using transportation to and
from the nearest Vet Center service site providing the
necessary readjustment counseling services for the
individual's plan of service.
(b) Participation.--
(1) In general.--In carrying out the pilot program required
by subsection (a), the Secretary shall limit participation--
(A) by individuals pursuant to paragraph (2); and
(B) by Vet Centers pursuant to paragraph (3).
(2) Participation by individuals.--
(A) In general.--The Secretary shall limit participation in
the pilot program to individuals who are eligible for
services at a participating Vet Center and experiencing
financial hardship.
(B) Financial hardship.--The Secretary shall determine the
meaning of ``financial hardship'' for purposes of
subparagraph (A).
(3) Participation of vet centers.--Vet Centers
participating in the program shall be chosen by the Secretary
from among those serving individuals in areas designated by
the Secretary as rural or highly rural or Tribal lands.
(c) Travel Allowances and Reimbursements.--Under the pilot
program required by subsection (a), the Secretary shall
provide a participating individual a travel allowance or
reimbursement at the earliest time practicable, but not later
than 10 business days after the date of the appointment.
(d) Duration.--The Secretary shall carry out the pilot
program required by subsection (a) during the five-year
period beginning on the date of the commencement of the pilot
program.
(e) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program at not fewer than five locations selected by the
Secretary for purposes of the pilot program.
(2) Existing initiative.--
(A) Locations participating in existing initiative.--Of the
locations selected under paragraph (1), four shall be the
locations participating in the initiative commenced under
section 104(a) of the Honoring America's Veterans and Caring
for Camp Lejeune Families Act of 2012 (Public Law 112-154),
as most recently amended by section 105 of the Continuing
Appropriations and Ukraine Supplemental Appropriations Act,
2023 (Public Law 117-180), as of the date of the enactment of
this Act.
(B) Termination of existing initiative.--Section 104(a) of
the Honoring America's Veterans and Caring for Camp Lejeune
Families Act of 2012, as so amended, is further amended by
striking ``September 30, 2023'' and inserting ``the date on
which the pilot program required by subsection (a) of section
244 of the Joseph Maxwell Cleland and Robert Joseph Dole
Memorial Veterans Benefits and Health Care Improvement Act of
2022 commences at each of the locations described in
subsection (e)(2)(A) of such section''.
(f) Annual Reports.--
(1) In general.--Not later than one year after the date of
the commencement of the pilot program required by subsection
(a) and each year thereafter for the duration of the pilot
program, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the findings of the Secretary with respect to the pilot
program.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) The number of individuals who benefitted from the pilot
program, disaggregated by age, race or ethnicity, and sex, to
the extent possible.
(B) The average distance traveled by each individual per
each Vet Center.
(C) The definition of financial hardship determined by the
Secretary under subsection (b)(2)(B).
(D) A description of how the funds are distributed.
(E) The average amount of funds distributed per instance,
disaggregated by Vet Center.
(F) A description of any impediments to the Secretary in
paying expenses or allowances under the pilot program.
(G) An assessment of the potential for fraudulent receipt
of payment under the pilot program and the recommendations of
the Secretary for legislative or administrative action to
reduce such fraud.
(H) Such recommendations for legislative or administrative
action as the Secretary considers appropriate with respect to
the payment of expenses or allowances.
(g) Vet Center Defined.--In this section, the term ``Vet
Center'' means a center for readjustment counseling and
related mental health services for veterans under section
1712A of title 38, United States Code.
Subtitle E--VA Beneficiary Debt Collection Improvement Act
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``VA Beneficiary Debt
Collection Improvement Act of 2022''.
SEC. 252. PROHIBITION OF DEBT ARISING FROM OVERPAYMENT DUE TO
DELAY IN PROCESSING BY THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Bar to Recovery.--
(1) In general.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5302A the
following new section:
``Sec. 5302B. Prohibition of debt arising from overpayment
due to delay in processing
``(a) Limitation.--(1) Except as provided in paragraph (2),
no individual may incur a debt to the United States that--
``(A) arises from the participation of the individual in a
program or benefit administered by the Under Secretary for
Benefits; and
``(B) is attributable to the failure of an employee or
official of the Department to process information provided by
or on behalf of that individual within applicable timeliness
standards established by the Secretary.
``(2) Nothing in this section shall be construed to affect
the penal and forfeiture provisions for fiduciaries set forth
in chapter 61 of this title.
``(b) Notice.--(1) If the Secretary determines that the
Secretary has made an overpayment to an individual, the
Secretary shall provide notice to the individual of the
overpayment.
``(2) Notice under paragraph (1) shall include a detailed
explanation of the right of the individual--
``(A) to dispute the overpayment, including a detailed
explanation of the process by which to dispute the
overpayment; or
``(B) to request a waiver of indebtedness.
``(c) Delay on Collection.--(1) Subject to paragraph (2),
the Secretary may not take any action under section 3711 of
title 31 regarding an overpayment described in a notice under
subsection (b) of this section until the date that is 90 days
after the date the Secretary issues such notice.
``(2) The Secretary may take action under section 3711 of
title 31 regarding an overpayment described in a notice under
subsection (b) of this section before the date that is 90
days after the date the Secretary issues such notice if the
Secretary determines that delaying such action is--
``(A) likely to make repayment of such overpayment more
difficult for an individual;
``(B) likely to cause an unpaid debt to be referred to the
Treasury Offset Program; or
``(C) not in the best interest of the individual.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5302A the following new item:
``5302B. Prohibition of debt arising from overpayment due to delay in
processing.''.
(3) Deadline.--The Secretary of Veterans Affairs shall
prescribe regulations to establish standards under section
5302B(a)(2) of such title, as added by subsection (a), not
later than 180 days after the date of the enactment of this
Act.
(b) Plan for Improved Notification and Communication of
Debts.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and one year thereafter, the
Secretary of Veterans Affairs shall provide the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of representatives a briefing
and submit to such committees a report on the improvement of
the notification of and communication with individuals who
receive overpayments made by the Secretary.
(2) Contents.--Each report under paragraph (1) shall
include each of the following:
(A) The plan of the Secretary to carry out each of the
following:
(i) The development and implementation of a mechanism by
which individuals enrolled in the patient enrollment system
under section 1705 of title 38, United States Code, may view
their monthly patient medical statements electronically.
(ii) The development and implementation of a mechanism by
which individuals eligible for benefits under the laws
administered by the Secretary may receive electronic
correspondence relating to debt and overpayment information.
(iii) The development and implementation of a mechanism by
which individuals eligible for benefits under the laws
administered by the Secretary may access information related
to Department of Veterans Affairs debt electronically.
(iv) The improvement and clarification of Department
communications relating to overpayments and debt collection,
including letters and electronic correspondence and including
information relating to the most common reasons individuals
eligible for benefits under the laws administered by the
Secretary incur debts to the United States and the process
for requesting a waiver of such debt. The Secretary shall
develop such improvements and clarifications in consultation
with veterans service organizations, labor organizations that
represent employees of the Department, other relevant
nongovernmental organizations, the Committee on Veterans'
Affairs of the Senate, and the Committee on Veterans' Affairs
of the House of Representatives.
(B) A description of the current efforts and plans for
improving the accuracy of payments to individuals entitled to
benefits under the laws administered by the Secretary,
including specific data matching agreements.
(C) A description of steps to be taken to improve the
identification of underpayments to such individuals and to
improve Department procedures and policies to ensure that
such individuals who are underpaid receive adequate
compensation payments.
(D) A list of actions completed, implementation steps, and
timetables for each requirement described in subparagraphs
(A) through (C).
(E) A description of any new legislative authority required
to complete any such requirement.
SEC. 253. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS
INTEREST AND ADMINISTRATIVE COST CHARGES FOR
DEBTS RELATING TO CERTAIN BENEFITS PROGRAMS.
(a) In General.--Section 5315(a)(1) of title 38, United
States Code, is amended--
[[Page H10345]]
(1) by striking ``other than a loan'' and all that follows
through the semicolon and inserting ``other than--''; and
(2) by adding at the end the following new subparagraphs:
``(A) a loan, loan-guaranty, or loan-insurance program;
``(B) a disability compensation program;
``(C) a pension program; or
``(D) an educational assistance program.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to an indebtedness that occurs on or
after the date of the enactment of this Act.
SEC. 254. EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY
OF DEBT ARISING UNDER LAWS ADMINISTERED BY THE
SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 5302(a) of title 38, United States
Code, is amended by striking ``180 days'' and inserting ``one
year''.
(b) Effective Date.--Subsection (a) shall take effect on
the date that is two years after the date of the enactment of
this Act.
SEC. 255. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF
VETERANS AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS
TO THE UNITED STATES.
(a) Limitation on Indebtedness Offsets.--Subsection (a) of
section 5314 of title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``Subject to''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not make a deduction under
paragraph (1) while the existence or amount of such
indebtedness is disputed under section 5314A of this
title.''.
(b) Administrative Process for Dispute of Existence or
Amount of Indebtedness.--
(1) Establishment.--Chapter 53 of title 38, United States
Code, is amended by inserting after section 5314 the
following new section:
``Sec. 5314A. Dispute of indebtedness
``(a) Establishment.--The Secretary shall prescribe
regulations that establish an administrative process for the
dispute of the existence or amount of an indebtedness
described in section 5314(a)(1) of this title (without regard
to whether the Secretary has made a deduction under such
section regarding such indebtedness).
``(b) Standards.--The process under subsection (a) shall be
efficient, effective, and equitable.
``(c) Timeliness.--The Secretary shall ensure that each
dispute under subsection (a) proceeds in accordance with
standards for timeliness prescribed by the Secretary under
this section.
``(d) Limitation.--The Secretary may not submit to any debt
collector (as defined in section 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a)) any dispute
pending under this section.
``(e) Rule of Construction.--Nothing in this section shall
be construed to modify the procedures for seeking review of a
decision of the agency of original jurisdiction described in
section 5104C(a)(1) of this title.''.
(2) Existing administrative process.--The Secretary of
Veterans Affairs shall carry out section 5314A of such title,
as added by paragraph (1), by improving the administrative
process of the Department of Veterans Affairs for the dispute
of the existing or amount of an indebtedness that was in
effect on the day before the date of the enactment of this
Act.
(3) Improvements to department website and notices.--In
carrying out paragraph (2), the Secretary shall--
(A) improve the website of the Department; and
(B) ensure that such website and written notices sent to a
person about indebtedness described in section 5314(a) of
title 38, United States Code, contain all information a
person needs to dispute such an indebtedness, including a
description of--
(i) the specific actions the person will need to take in
order to dispute the indebtedness;
(ii) the documentation that will be required for the
dispute; and
(iii) how the documentation is to be submitted.
(4) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5314 the following new item:
``5314A. Dispute of indebtedness.''.
(c) Limitation on Authority To Recover Debts.--Section
5302(a) of title 38, United States Code, is amended--
(1) by inserting ``(1)'' before ``There''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not seek to recover an indebtedness
described in paragraph (1) if the Secretary determines that
the cost to the Department to recover such indebtedness, as
determined when the debt is established, would exceed the
amount of the indebtedness.''.
TITLE III--HOMELESSNESS MATTERS
SEC. 301. ADJUSTMENTS OF GRANTS AWARDED BY THE SECRETARY OF
VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE
PROGRAMS TO SERVE HOMELESS VETERANS.
(a) Elimination of Matching Requirement.--
(1) In general.--Section 2011(c) of title 38, United States
Codes, is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to any grant awarded under section
2011 of title 38, United States Code, on or after the date of
the enactment of this Act.
(3) Determination of amount of grant.--On or after the date
that is five years after the date of the enactment of this
Act, the Secretary of Veterans Affairs may determine the
maximum amount of a grant under section 2011 of title 38,
United States Code, which shall be not less than 70 percent
of the estimated cost of the project concerned.
(4) Sunset.--Section 4201(b)(2) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315; 134 Stat. 5009;
38 U.S.C. 2011 note) is amended--
(A) by striking ``Subsection (c)(2)'' and inserting the
following:
``(A) In general.--Subsection (c)(2)''; and
(B) by adding at the end the following new subparagraph:
``(B) Sunset.--Subparagraph (A) shall cease to be effective
on the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022.''.
(b) Elimination of Property Disposition Requirements.--
(1) In general.--A recipient of a grant awarded under
section 2011 of title 38, United States Code, on or after the
date of the enactment of this Act for a project described in
subsection (b)(1) of such section shall not be subject to any
real property or equipment disposition requirements relating
to the grant under section 61.67 of title 38, Code of Federal
Regulations, sections 200.311(c) and 200.313(e) of title 2,
Code of Federal Regulations, or successor regulations.
(2) Sunset.--Section 4201(b)(6) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315; 134 Stat. 5010;
38 U.S.C. 2011 note) is amended--
(A) by striking ``During'' and inserting the following:
``(A) In general.--During''; and
(B) by adding at the end the following new subparagraph:
``(B) Sunset.--Subparagraph (A) shall cease to be effective
on the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022.''.
SEC. 302. MODIFICATIONS TO PROGRAM TO IMPROVE RETENTION OF
HOUSING BY FORMERLY HOMELESS VETERANS AND
VETERANS AT RISK OF BECOMING HOMELESS.
Section 2013 of title 38, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by inserting after subsection (a) the following new
subsections:
``(b) Services.--Services provided under the program shall
include services to assist veterans described in subsection
(a) with navigating resources provided by the Federal
Government and State, local, and Tribal governments.
``(c) Staffing.--In geographic areas where individuals who
meet the licensure and certification requirements to provide
services under the program are in high demand as determined
by the Secretary, such services may be provided through one
or more individuals with a master's degree in social work who
are undergoing training to meet such requirements, if such
individuals are under the supervision of an individual who
meets such requirements.''; and
(3) in subsection (d), as redesignated by paragraph (1), by
adding at the end the following new paragraph:
``(3) The Secretary shall require each recipient of a grant
awarded under this subsection to submit to the Secretary a
report that describes the services provided or coordinated
with amounts under such grant.''.
SEC. 303. MODIFICATIONS TO HOMELESS VETERANS REINTEGRATION
PROGRAMS.
(a) In General.--Section 2021 of title 38, United States
Code, is amended to read as follows:
``Sec. 2021. Homeless veterans reintegration programs
``(a) In General.--Subject to the availability of
appropriations provided for such purpose, the Secretary of
Labor shall conduct, directly or through grant or contract,
such programs as that Secretary determines appropriate to
provide job training, counseling, and placement services
(including job readiness and literacy and skills training) to
expedite the reintegration into the labor force of--
``(1) homeless veterans, including--
``(A) veterans who were homeless but found housing during
the 60-day period preceding the date on which the veteran
begins to participate in a program under this section; and
``(B) veterans who are at risk of homelessness during the
60-day period beginning on the date on which the veteran
begins to participate in a program under this section;
``(2) veterans participating in the Department of Housing
and Urban Development-Department of Veterans Affairs
supported housing program for which rental assistance is
provided pursuant to section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) or the Tribal
HUD-VA Supportive Housing (Tribal HUD-VASH) program;
``(3) Indians who are veterans and receiving assistance
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.);
``(4) veterans described in section 2023(d) of this title
or any other veterans who are transitioning from being
incarcerated; and
``(5) veterans participating in the Department of Veterans
Affairs rapid rehousing and prevention program authorized in
section 2044 of this title.
``(b) Grants.--(1) In awarding grants for purposes of
conducting programs described in subsection (a), the
Secretary of Labor shall, to the maximum extent practicable,
consider applications for fundable grants from entities in
all States.
[[Page H10346]]
``(2) In each State in which no entity has been awarded a
grant described in paragraph (1) as of the date of the
enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, the Secretary of Labor shall, in coordination
with the Director of Veterans' Employment and Training in the
State, organize and conduct an outreach and education program
to ensure communities are aware of the programs conducted
under this section and the benefits of the programs.
``(c) Training and Technical Assistance.--(1) The Secretary
of Labor shall provide training and technical assistance to
entities seeking a grant or contract under this section and
recipients of a grant or contract under this section
regarding the planning, development, and provision of
services for which the grant or contract is awarded,
including before and during the grant application or contract
award period.
``(2) The training and technical assistance provided under
paragraph (1) shall include outreach and assistance
specifically designed for entities serving regions and
populations underserved by the programs conducted under this
section.
``(3) The Secretary of Labor may provide training and
technical assistance under paragraph (1) directly or through
grants or contracts with such public or nonprofit private
entities as that Secretary considers appropriate.
``(d) Requirement to Monitor Expenditures of Funds.--(1)
The Secretary of Labor shall collect such information as that
Secretary considers appropriate to monitor and evaluate the
distribution and expenditure of funds appropriated to carry
out this section.
``(2) Information collected under paragraph (1) shall
include data with respect to the results or outcomes of the
services provided to each homeless veteran under this
section.
``(3) Information collected under paragraph (1) shall be
furnished in such form and manner as the Secretary of Labor
may specify.
``(e) Administration Through Assistant Secretary of Labor
for Veterans' Employment and Training.--The Secretary of
Labor shall carry out this section through the Assistant
Secretary of Labor for Veterans' Employment and Training.
``(f) Provision of Services to Veterans in Certain
Institutions.--(1) The Attorney General of the United States
shall permit a recipient of a grant or contract under this
section or section 2023 of this title to provide services
under this section or section 2023 of this title to any
veteran described in subsection (a)(4) who is residing in a
penal institution under the jurisdiction of the Bureau of
Prisons.
``(2) The recipient of a grant or contract under this
section may provide to officials of an institution described
in paragraph (1) information regarding the services provided
to veterans under this section and section 2023 of this title
during the 18-month period preceding the release or discharge
of a veteran from the institution.
``(g) Report on Services Provided.--(1) The Secretary of
Labor shall require each recipient of a grant or contract
under this section to submit to that Secretary a report on
the services provided and veterans served using grant or
contract amounts not later than 90 days after the end of each
program year, beginning with the program year the begins
after the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022.
``(2) To the extent practicable, each report submitted
under paragraph (1) shall--
``(A) disaggregate the number of veterans served by--
``(i) sex;
``(ii) age;
``(iii) race;
``(iv) ethnicity;
``(v) approximate era in which the veteran served in the
Armed Forces;
``(vi) the highest level of education attained;
``(vii) the average period of time the veteran was
unemployed or underemployed before receiving services under
this section and while receiving such services; and
``(viii) housing status as of--
``(I) the date on which the veteran is first enrolled in
services under this section; and
``(II) any subsequent date, if such data is available; and
``(B) include data on the number of veterans receiving
services under this section who are eligible for health care
and benefits provided by the Department of Veterans Affairs.
``(h) Reports to Congress.--(1) Not less frequently than
every two years, the Secretary of Labor shall submit to
Congress a report on the programs conducted under this
section. The Secretary of Labor shall include in the report
the following:
``(A) An evaluation of services furnished to veterans under
this section.
``(B) An analysis of the information collected under
subsection (d).
``(C) An identification of--
``(i) the total number of applications for grants under
this section that the Secretary of Labor received during the
fiscal year preceding the date on which the report is
submitted; and
``(ii) the number of such applications that were denied.
``(D) With respect to each State in which no entity was
awarded a grant under this section during the fiscal year
preceding the date on which the report is submitted--
``(i) an identification of the top five reasons why
entities that applied for such a grant were not awarded the
grant; and
``(ii) information regarding the specific criteria used to
score the applications and an explanation of if, how, or why
such criteria differed from the previous fiscal year.
``(2) Not later than 180 days after the end of the program
year that begins after the date of the enactment of the
Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022,
and not later than 120 days after the end of each program
year thereafter, the Secretary of Labor shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report setting forth the following:
``(A) Data obtained from the reports submitted under
subsection (g), disaggregated by geographic location.
``(B) The number of grants and contracts not awarded under
this section due to insufficient funds.
``(C) The number of returning recipients of grants or
contracts that were and were not awarded grants or contracts
under this section during the most recent application cycle.
``(D) The number of applications received from entities in
States in which no entities received a grant or contract
under this section.
``(E) The number of veterans who were admitted to a program
conducted under this section but not placed in a job
following participation in such program, disaggregated by
geographic location, age, sex, and race or ethnicity.
``(i) Authorization of Appropriations.--(1) There are
authorized to be appropriated to carry out this section
amounts as follows:
``(A) $50,000,000 for fiscal year 2002.
``(B) $50,000,000 for fiscal year 2003.
``(C) $50,000,000 for fiscal year 2004.
``(D) $50,000,000 for fiscal year 2005.
``(E) $50,000,000 for fiscal year 2006.
``(F) $50,000,000 for each of fiscal years 2007 through
2023.
``(G) $60,000,000 for fiscal year 2024 and each fiscal year
thereafter.
``(2) Funds appropriated to carry out this section shall
remain available until expended. Funds obligated in any
fiscal year to carry out this section may be expended in that
fiscal year and the succeeding fiscal year.''.
(b) Conforming Amendment.--Section 2021A(e) of title 38,
United States Code, is amended by striking ``section
2021(d)'' and inserting ``section 2021(h)(1)''.
SEC. 304. EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS
AFFAIRS HOUSING ASSISTANCE FOR HOMELESS
VETERANS.
(a) Expansion.--Subsection (a) of section 2041 of title 38,
United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``or permanent housing'' after ``shelter'';
(B) in subparagraph (A), by striking ``named in, or
approved by the Secretary under, section 5902 of this title''
and inserting ``that is the recipient of a grant under
section 2011, 2013, 2044, or 2061 of this title''; and
(C) in subparagraph (B), by inserting ``or tribal entity,''
after ``State''; and
(2) in paragraph (3)(B)--
(A) in clause (i)--
(i) by inserting ``or permanent housing'' after
``shelter'';
(ii) by inserting ``(I)'' before ``utilize'';
(iii) by striking the comma and inserting ``; or''; and
(iv) by adding at the end the following new subclause:
``(II) sell or rent the property directly to homeless
veterans or veterans at risk of homelessness;''; and
(B) in each of clauses (ii) and (iii), by striking the
comma and inserting a semicolon.
(b) Extension.--Subsection (c) of such section is amended
by striking ``September 30, 2017'' and inserting ``September
30, 2026''.
SEC. 305. TRAINING AND TECHNICAL ASSISTANCE PROVIDED BY
SECRETARY OF VETERANS AFFAIRS TO CERTAIN
ENTITIES.
(a) Supportive Services for Very Low-income Families in
Permanent Housing.--Section 2044(e) of title 38, United
States Code, is amended--
(1) by striking paragraphs (2) and (3); and
(2) by striking ``(1) From amounts'' and inserting ``From
amounts''.
(b) Comprehensive Service Programs.--
(1) In general.--Subchapter II of chapter 20 of title 38,
United States Code, is amended--
(A) by redesignating section 2014 as section 2016; and
(B) by inserting after section 2013 the following new
sections 2014 and 2015:
``Sec. 2014. Training and technical assistance for recipients
of certain financial assistance
``(a) In General.--The Secretary shall provide training and
technical assistance to recipients of grants under sections
2011 and 2013 of this title and recipients of per diem
payments under sections 2012 and 2061 of this title regarding
the planning, development, and provision of services for
which the grant or payment is made.
``(b) Provision of Training and Technical Assistance.--The
Secretary may provide training and technical assistance under
subsection (a) directly or through grants or contracts with
such public or nonprofit private entities as the Secretary
considers appropriate.
``Sec. 2015. Training and technical assistance for entities
regarding services provided to veterans at risk of,
experiencing, or transitioning out of homelessness
``(a) In General.--The Secretary shall provide training and
technical assistance to entities serving veterans at risk of,
experiencing, or transitioning out of homelessness
regarding--
``(1) the provision of such services to such veterans; and
``(2) the planning and development of such services.
``(b) Coordination.--The Secretary may coordinate the
provision of training and technical assistance under
subsection (a) with the Secretary of Housing and Urban
Development and the Secretary of Labor.
[[Page H10347]]
``(c) Elements.--The training and technical assistance
provided under subsection (a) shall include coordination and
communication of best practices among all programs
administered by the Veterans Health Administration directed
at serving veterans at risk of, experiencing, or
transitioning out of homelessness.
``(d) Provision of Training.--The Secretary may provide the
training and technical assistance under subsection (a)
directly or through grants or contracts with such public or
nonprofit private entities as the Secretary considers
appropriate.''.
(2) Use of amounts.--The Secretary of Veterans Affairs
shall provide training and technical assistance under
sections 2014 and 2015 of such title, as inserted by
paragraph (1)(B), using amounts appropriated or otherwise
made available to the Department of Veterans Affairs on or
after the date of the enactment of this Act.
(3) Conforming amendment.--Section 20013(a) of the
Coronavirus Aid, Relief, and Economic Security Act (38 U.S.C.
2011 note) is amended by striking ``2014'' and inserting
``2016''.
(4) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2014 and inserting the following
new items:
``2014. Training and technical assistance for recipients of certain
financial assistance.
``2015. Training and technical assistance for entities regarding
services provided to veterans at risk of, experiencing,
or transitioning out of homelessness.
``2016. Authorization of appropriations.''.
SEC. 306. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR
ENTITIES COLLABORATING WITH THE SECRETARY OF
VETERANS AFFAIRS TO PROVIDE CASE MANAGEMENT
SERVICES TO HOMELESS VETERANS IN THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT-DEPARTMENT OF
VETERANS AFFAIRS SUPPORTED HOUSING PROGRAM.
Section 304(c)(2)(A) of the Honoring America's Veterans and
Caring for Camp Lejeune Families Act of 2012 (38 U.S.C. 2041
note) is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) providing case management services to veterans for
obtaining suitable housing at varying locations nationwide or
in the area or areas similar to where the services will be
provided under the relevant contract or agreement;''.
SEC. 307. DEPARTMENT OF VETERANS AFFAIRS SHARING OF
INFORMATION RELATING TO COORDINATED ENTRY
PROCESSES FOR HOUSING AND SERVICES OPERATED
UNDER DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT CONTINUUM OF CARE PROGRAM.
(a) In General.--The Under Secretary for Health of the
Department of Veterans Affairs shall--
(1) provide to staff of medical centers of the Department
of Veterans Affairs and homelessness service providers of the
Department the information described in subsection (b); and
(2) ensure that such information, and other resources the
Under Secretary determines are appropriate, are accessible to
such staff and providers.
(b) Information Described.--The information described in
this subsection is information related to best practices with
respect to the collaboration between medical centers of the
Department of Veterans Affairs, homelessness service
providers of the Department, and local partners (including
local offices of the Department of Housing and Urban
Development or public housing agencies, and private and
public local community organizations) on the centralized or
coordinated assessment systems established and operated by
Continuums of Care under section 578.7(a)(8) of title 24,
Code of Federal Regulations, including making referrals and
sharing data, as the Under Secretary determines appropriate.
SEC. 308. DEPARTMENT OF VETERANS AFFAIRS COMMUNICATION WITH
EMPLOYEES RESPONSIBLE FOR HOMELESSNESS
ASSISTANCE PROGRAMS.
The Under Secretary for Health of the Department of
Veterans Affairs shall clearly communicate with employees of
the Department of Veterans Affairs whose responsibilities are
related to homelessness assistance programs regarding--
(1) the measurement of performance of such programs by the
Homeless Programs Office of the Department; and
(2) how to obtain and provide feedback about performance
measures.
SEC. 309. SYSTEM FOR SHARING AND REPORTING DATA.
(a) In General.--The Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development shall work
together to develop a system for effectively sharing and
reporting data between the community-wide homeless management
information system described in section 402(f)(3) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(3)) and the Homeless Operations Management and
Evaluation System of the Department of Veterans Affairs.
(b) Deadline.--The Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development shall ensure that
the system developed under subsection (a) is operational not
later than three years after the date of the enactment of
this Act.
SEC. 310. PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR
HOMELESS VETERANS.
(a) Pilot Program Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall commence carrying out a pilot program
to assess the feasibility and advisability of awarding grants
to eligible entities to meet the health care needs of--
(1) veterans who are homeless;
(2) veterans who were previously homeless and are
transitioning to permanent housing; and
(3) veterans who are at risk of becoming homeless.
(b) Locations.--The Secretary shall carry out the pilot
program at not fewer than five locations selected by the
Secretary for purposes of the pilot program.
(c) Award of Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary shall award grants to eligible entities for the
purpose described in subsection (a).
(2) Eligible entities.--For purposes of this section, an
eligible entity is any entity that is providing transitional
housing services to veterans as of the date on which the
entity applies for a grant under this section.
(3) Preference.--In awarding grants under this section, the
Secretary shall give preference to eligible entities that are
recipients of grants under sections 2012 and 2061 of title
38, United States Code, as of the date on which the entity
applies for a grant under this section.
(4) Equitable distribution; prioritization.--
(A) Equitable distribution.--The Secretary shall ensure
that, to the extent practicable, grant amounts awarded under
paragraph (1) are equitably distributed among eligible
entities across geographic regions.
(B) Prioritization.--In awarding grants under this section,
and in compliance with paragraphs (2) and (3), the Secretary
may prioritize eligible entities located--
(i) in rural communities;
(ii) on Tribal lands; and
(iii) in areas where there is a significant population of
veterans aged 55 years old and older.
(5) Intervals of payment and maximum grant amount.--The
Secretary may establish intervals of payment for the
administration of grants under this section and a maximum
grant amount to be awarded, in accordance with the services
being provided by staff hired using grant amounts and the
duration of such services.
(d) Use of Grant Amounts.--The recipient of a grant under
the pilot program--
(1) shall use grant amounts for the hiring of appropriately
qualified medical staff to care for veterans described in
subsection (a) who require assistance with activities of
daily living or need consistent medical attention and
monitoring; and
(2) may use such amounts for supplies, administrative
support, and infrastructure needs associated with the duties
of such staff and the needs of such veterans.
(e) Requirements for Receipt of Grants.--
(1) Notification that services are from department.--Each
entity receiving a grant under this section shall notify the
recipients of services provided pursuant to grant amounts
that such services are being paid for, in whole or in part,
by the Department.
(2) Coordination.--An entity receiving a grant under this
section shall--
(A) coordinate with the Secretary with respect to the
provision of clinical services to eligible individuals or any
other provisions of the law regarding the delivery of health
care by the Secretary;
(B) inform each veteran who receives assistance under this
section from the entity of the ability of the veteran to
apply for enrollment in the patient enrollment system of the
Department under section 1705(a) of title 38, United States
Code; and
(C) if such a veteran wishes to so enroll, inform the
veteran of a point of contact at the Department who can
assist the veteran in such enrollment.
(f) Report on Services Provided.--The Secretary shall
require each eligible entity awarded a grant under this
section to submit to the Secretary a report that describes
the services provided or coordinated with amounts under such
grant.
(g) Duration.--The Secretary shall carry out the pilot
program during the five-year period beginning on the date on
which the pilot program commences.
(h) Reports to Congress.--
(1) In general.--Not later than one year after the date on
which the first grants are awarded under this section, and
annually thereafter until the program terminates, the
Secretary shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the effectiveness of the
program.
(2) Elements.--The report required by paragraph (1) shall
include the number of veterans served by the pilot program
under the care of a staff member the funding for whom is
provided by a grant under the program, disaggregated by--
(A) geographic location;
(B) sex;
(C) age;
(D) race and ethnicity;
(E) whether or not a veteran received health care from the
Department during the two-year period preceding the date on
which the veteran began participating in the program;
(F) the number of veterans who transitioned into permanent
housing as a result of participation in the program;
(G) with respect to veterans who did not transition into
permanent housing as a result of participation in the
program, the main reasons for not so transitioning;
(H) discharge status; and
[[Page H10348]]
(I) eligibility for health care provided by the Department
of Veterans Affairs.
SEC. 311. PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE USE
DISORDER RECOVERY FOR HOMELESS VETERANS.
(a) Pilot Program Required.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall commence carrying out a pilot program
under which the Secretary shall award grants to eligible
entities for the provision or coordination of services for
recovery from substance use disorder for veterans who are
homeless, were previously homeless and are transitioning to
permanent housing, or are at risk of becoming homeless.
(b) Duration.--The Secretary shall carry out the pilot
program during the five-year period beginning on the date of
the commencement of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot
program at not fewer than five locations selected by the
Secretary for purposes of the pilot program.
(d) Award of Grants.--
(1) In general.--In carrying out the pilot program, the
Secretary shall award a grant to an eligible entity for each
veteran with substance use disorder participating in the
pilot program for which the eligible entity is providing or
coordinating the provision of recovery services for substance
use disorder under the pilot program.
(2) Intervals of payment and maximum amounts.--The
Secretary may establish intervals of payment for the
administration of grants under this section and a maximum
amount to be awarded, in accordance with the services being
provided and the duration of such services.
(3) Preference.--In awarding grants under paragraph (1),
the Secretary shall give preference to eligible entities
providing or coordinating the provision of recovery services
for substance use disorder for veterans with substance-use
dependency who face barriers in accessing substance-use
recovery services from the Department of Veterans Affairs.
(4) Equitable distribution.--The Secretary shall ensure
that, to the extent practicable, grant amounts awarded under
paragraph (1) are equitably distributed across geographic
regions, including rural and Tribal communities.
(5) Report on services provided.--The Secretary shall
require each eligible entity awarded a grant under paragraph
(1) to submit to the Secretary a report that describes the
services provided or coordinated with amounts under such
grant.
(e) Requirements for Receipt of Grants.--
(1) Notification that services are from department.--Each
entity receiving a grant under this section shall notify the
recipients of services provided pursuant to grant amounts
that such services are being paid for, in whole or in part,
by the Department.
(2) Coordination.--An entity receiving a grant under this
section shall--
(A) coordinate with the Secretary with respect to the
provision of clinical services to eligible individuals or any
other provisions of law regarding the delivery of health care
by the Secretary;
(B) inform each veteran who receives assistance under this
section from the entity of the ability of the veteran to
apply for enrollment in the patient enrollment system of the
Department under section 1705(a) of title 38, United States
Code; and
(C) if such a veteran wishes to so enroll, inform the
veteran of a point of contact at the Department who can
assist the veteran in such enrollment.
(f) Grant Application.--
(1) In general.--An eligible entity seeking the award of a
grant under this section shall submit to the Secretary an
application therefor in such form, in such manner, and
containing such commitments and information as the Secretary
considers necessary to carry out this section.
(2) Contents of application.--Each application submitted by
an eligible entity under paragraph (1) shall contain the
following:
(A) A description of the recovery services for substance
use disorder proposed to be provided by the eligible entity
under the pilot program and the identified need for those
services.
(B) A description of the types of veterans with substance
use disorder proposed to be provided such recovery services.
(C) An estimate of the number of veterans with substance
use disorder proposed to be provided such recovery services.
(D) Evidence of the experience of the eligible entity in
providing such recovery services to veterans with substance
use disorder.
(E) A description of the managerial capacity of the
eligible entity--
(i) to assess continually the needs of veterans with
substance use disorder for such recovery services;
(ii) to coordinate the provision of such recovery services
with services provided by the Department; and
(iii) to tailor such recovery services to the needs of
veterans with substance use disorder.
(3) Criteria for selection.--
(A) In general.--The Secretary shall establish criteria for
the selection of eligible entities to be awarded grants under
this section.
(B) Elements.--Criteria established under subparagraph (A)
with respect to an eligible entity shall include the
following:
(i) Relevant accreditation as may be required by each State
in which the eligible entity operates.
(ii) Experience coordinating care or providing treatment
for veterans or members of the Armed Forces.
(g) Participation.--Participation by a veteran in the pilot
program shall not affect any eligibility status or
requirements for such veteran with respect to other benefits
or services provided by the Department.
(h) Technical Assistance.--
(1) In general.--The Secretary shall provide training and
technical assistance to eligible entities awarded grants
under this section regarding the planning, development, and
provision of recovery services for substance use disorder
under this section.
(2) Provision of training.--The Secretary may provide the
training required under paragraph (1) directly or through
grants or contracts with such public or nonprofit private
entities as the Secretary considers appropriate for purposes
of this section, including through grants awarded under
section 2064 of title 38, United States Code.
(i) Collection of Information.--To the extent practicable,
the Secretary may collect information from an eligible entity
awarded a grant under this section relating to a substance
use disorder of a veteran participating in the pilot program
for inclusion in the electronic health record of the
Department for such veteran for the sole purpose of improving
care provided to such veteran.
(j) Study on Effectiveness of Pilot Program.--
(1) In general.--The Secretary shall conduct a study on the
effectiveness of the pilot program in meeting the needs of
veterans with substance use disorder.
(2) Comparison.--In conducting the study required by
paragraph (1), the Secretary shall compare the results of the
pilot program with other programs of the Department dedicated
to the delivery to veterans of recovery services for
substance use disorder.
(3) Criteria.--In making the comparison required by
paragraph (2), to the extent data is available, the Secretary
shall examine the following:
(A) The satisfaction of veterans targeted by the programs
described in paragraph (2).
(B) The health status of such veterans, including mental
health.
(C) The degree to which such programs encourage such
veterans to engage in productive activity.
(D) The number of veterans using such programs,
disaggregated by--
(i) veterans who have received health care provided by the
Department during the two-year period preceding the conduct
of the study;
(ii) veterans who have not received health care provided by
the Department during such period;
(iii) veterans eligible for health care provided by the
Department, disaggregated by--
(I) veterans eligible for services from the Department
similar to services provided under the pilot program; and
(II) veterans not eligible for such services from the
Department; and
(iv) veterans ineligible for health care provided by the
Department.
(E) The number of veterans who are still homeless or at
risk of becoming homeless one year after completion of
receipt of recovery services under such programs.
(F) The number of veterans who still have a substance use
disorder that negatively impacts their daily living and
ability to maintain independent housing 180 days after
discharge from receipt of services provided under this
section.
(G) The status of the discharge from the Armed Forces of
veterans covered under this paragraph.
(4) Reports.--Not later than one year after the date on
which the first grant is awarded under this section, and
annually thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study required
by paragraph (1).
(k) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) An incorporated private institution or foundation--
(i) no part of the net earnings of which inures to the
benefit of any member, founder, contributor, or individual;
(ii) that has a governing board that is responsible for the
operation of the recovery services for substance use disorder
provided under this section; and
(iii) that is approved by the Secretary with respect to
financial responsibility.
(B) A for-profit limited partnership, the sole general
partner of which is an organization meeting the requirements
of subparagraph (A).
(C) A corporation wholly owned and controlled by an
organization meeting the requirements of subparagraph (A).
(D) A tribally designated housing entity (as defined in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103)).
(2) Substance use disorder.--The term ``substance use
disorder'', with respect to a veteran, means the veteran has
been diagnosed with, or is seeking treatment for, substance
use disorder, as determined by the Secretary.
SEC. 312. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES
ON AFFORDABLE HOUSING FOR VETERANS.
(a) Report Required.--Not later than three years after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the availability
of affordable housing for veterans who have or are
participating in any program administered by the Homeless
Programs Office of the Department of Veterans Affairs.
(b) Contents.--The report required by subsection (a) shall
include, with respect to the one-year period preceding the
date of the enactment of this Act, the following:
(1) The number of veterans using housing vouchers under the
program carried out under section 8(o)(19) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly
referred to as ``HUD-VASH'').
[[Page H10349]]
(2) The number of veterans who were allocated a housing
voucher described in paragraph (1) but who have been unable
to attain permanent housing.
(3) The number of available housing vouchers described in
paragraph (1) that are unused for any reason.
(4) Available data regarding the number of veterans who
were discharged from transitional housing provided using
amounts provided under sections 2061 and 2012 of title 38,
United States Code, and did not transition to permanent
housing due to a shortage of--
(A) case managers under the program described in paragraph
(1);
(B) housing vouchers described in such paragraph; or
(C) housing that meets the requirements and limitations
with respect to such vouchers.
(c) Disaggregation.--The contents of the report described
in paragraphs (1), (2), and (4) of subsection (b) shall be
disaggregated by veterans with a household income that does
not exceed--
(1) the area median income;
(2) 80 percent of the area median income;
(3) 50 percent of the area median income; and
(4) 30 percent of the area median income.
SEC. 313. STUDY ON FINANCIAL AND CREDIT COUNSELING.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a comprehensive study on--
(1) the use of and variation of financial and credit
counseling services available for homeless veterans and
veterans experiencing housing instability;
(2) barriers to accessing financial and credit counseling
for such veterans; and
(3) the ability to evaluate and assess the potential
effects of financial and credit counseling for such veterans
with respect to housing, employment, income, and other
outcomes the Secretary determines appropriate.
(b) Methodology.--In conducting the study under subsection
(a), the Secretary shall--
(1) survey--
(A) homeless veterans and veterans experiencing housing
instability who are enrolled in the Supportive Services for
Veterans Families program;
(B) such veterans who do not seek or receive the care or
services under such program or a similar program;
(C) grantees of the Supportive Services for Veterans
Families program;
(D) financial and credit counselors; and
(E) persons who are subject matter experts regarding the
use of financial and credit counseling services that the
Secretary determines appropriate; and
(2) administer the survey to a representative sample of
homeless veterans and veterans experiencing housing
instability in areas with high veteran homelessness.
(c) Use and Variation of Services.--In conducting the study
under subsection (a)(1), the Secretary shall--
(1) use data from the Supportive Services for Veterans
Families program and other data collected by the Department
of Veterans Affairs, data collected by other departments or
agencies of the Federal Government, and data collected by
nongovernmental entities to compare the use of and variation
of financial and credit counseling services available for
homeless veterans and veterans experiencing housing
instability and such use and variation for other individuals;
and
(2) assess such services made available through the
Supportive Services for Veterans Families program, including
with respect to the types, modes of delivery, duration,
consistency, and quality, of such services.
(d) Barriers to Counseling.--In conducting the study under
subsection (a)(2), the Secretary shall conduct research on
the effects of the following perceived barriers to financial
and credit counseling for homeless veterans and veterans
experiencing housing instability surveyed in the study:
(1) The cost of financial and credit counseling services.
(2) The perceived stigma associated with seeking financial
and credit counseling assistance.
(3) The effect of driving distance or availability of other
forms of transportation to the nearest facility that received
a grant under the Supportive Services for Veterans Families
program.
(4) The availability of child care.
(5) The comprehension of eligibility requirements for, and
the scope of services available under, the Supportive
Services for Veterans Families program.
(6) The effectiveness of outreach for the services
available to such veterans under the Supportive Services for
Veterans Families program.
(7) The location and operating hours of facilities that
provide services to such veterans under the Supportive
Services for Veterans Families program.
(8) The COVID-19 pandemic and other health related issues.
(9) Such other significant barriers as the Secretary
considers appropriate.
(e) Evaluation and Assessment of Effects of Counseling.--
(1) Effects.--In conducting the study under subsection
(a)(3), the Secretary shall conduct research on the ability
to evaluate and assess the potential effects of financial and
credit counseling services on homeless veterans and veterans
experiencing housing instability with respect to the
following:
(A) The effects of such services on employment by comparing
the veterans who received such services and the veterans who
did not receive such services.
(B) The effects of such services on housing status by
comparing the veterans who received such services and the
veterans who did not receive such services.
(C) The effects of such services on income by comparing the
veterans who received such services and the veterans who did
not receive such services.
(D) The effects of such services on credit score by
comparing the veterans who received such services and the
veterans who did not receive such services.
(E) The effects of such services on other outcomes the
Secretary determines appropriate.
(2) Data and recommendations.--In carrying out paragraph
(1), the Secretary shall--
(A) determine the relevant data that is available to the
Secretary and determine the confidence of the Secretary with
respect to accessing any additional data the Secretary may
require; and
(B) provide recommendations regarding the optimal research
or evaluation design that would generate the greatest
insights and value.
(f) Discharge by Contract.--The Secretary may seek to enter
into a contract with a qualified independent entity or
organization to carry out the study and research required
under this section, including such an entity or organization
that is able to access credit scores, data maintained by the
Internal Revenue Service, and other date beneficial to
studying income.
(g) Mandatory Review of Data by Certain Elements of
Department.--
(1) Reviews required.--The Secretary shall ensure that the
head of each element of the Department of Veterans Affairs
specified in paragraph (3) reviews the results of the study
conducted under subsection (a).
(2) Submittal of findings.--The head of each element
specified in paragraph (3) shall submit to the Deputy Under
Secretary for Health for Operations and Management the
findings of the head with respect to the review conducted by
the under paragraph (1), including recommendations regarding
what data the Secretary should collect from grantees under
the Supportive Services for Veterans Families program.
(3) Specified elements.--The elements of the Department of
Veterans Affairs specified in this paragraph are the
following:
(A) The Advisory Committee on Homeless Veterans established
under section 2066 of title 38, United States Code.
(B) The Advisory Committee on Women Veterans established
under section 542 of title 38, United States Code.
(C) The Advisory Committee on Minority Veterans established
under section 544 of title 38, United States Code.
(D) The Homeless Programs Office of the Veterans Health
Administration.
(E) The Office of Tribal Government Relations of the
Department.
(h) Reports.--
(1) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
Congress an interim report on the study under subsection (a).
(2) Final report.--
(A) In general.--Not later than 30 months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the study under subsection (a).
(B) Contents.--The report required by subparagraph (A)
shall include--
(i) the findings of the head of each element of the
Department specified under subsection (g)(3); and
(ii) recommendations for such administrative and
legislative action as the Secretary considers appropriate.
(i) Definition.--In this section:
(1) Homeless veterans and veterans experiencing housing
instability.--The term ``homeless veterans and veterans
experiencing housing instability'' means veterans who are
homeless (as that term is defined in subsection (a) or (b) of
section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302)).
(2) Supportive services for veterans families program.--The
term ``Supportive Services for Veterans Families program''
means the program established pursuant to section 2044 of
title 38, United States Code.
TITLE IV--OTHER MATTERS
SEC. 401. DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN
RESILIENCY.
(a) Report on Critical Items and Requirements.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report
containing each of the following:
(1) A description of the items and types of items the
Secretary considers critical with respect to--
(A) the ongoing response to the Coronavirus 2019 (COVID-19)
pandemic; and
(B) future epidemic, pandemic, emergency, national
emergency, or natural disaster scenarios.
(2) The quantities of the items described in paragraph (1)
that are available, as of the date of the enactment of this
Act, in inventories, emergency caches, or other emergency
inventories of the Department of Veterans Affairs.
(3) The anticipated quantities of the items described in
paragraph (1) that would be necessary under potential
epidemic, pandemic, emergency, national emergency, or natural
disaster scenarios the Secretary determines to be relevant
for planning purposes.
(4) The assumptions and key planning factors used by the
Secretary to identify the items, types of items, and
necessary quantities of items for types of scenarios, as
described in paragraphs (1) and (3).
(b) Participation in Warstopper Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Defense shall enter into an agreement to
provide
[[Page H10350]]
for the participation of the Department of Veterans Affairs
in the program known as the ``Warstopper Program'' of the
Defense Logistics Agency, or any successor program.
(2) Requirements.--Pursuant to the agreement under
paragraph (1), the Defense Logistics Agency shall--
(A) ensure the maintenance and stability of the items that
are identified as critical in the report required under
subsection (a) and that the Secretary of Defense determines
are appropriate for the Warstopper Program;
(B) establish guidance for the participation of the
Department of Veterans Affairs in the Warstopper Program that
includes an identification of the items and types of items
that are critical to the needs of the Department of Veterans
Affairs; and
(C) use existing contracts and agreements and enter into
new contracts and agreements, as necessary, with
manufacturers and distributors to reserve the supply of such
critical items rather than rely on holding physical
inventories of such items.
(c) Reimbursement.--The Secretary of Veterans Affairs shall
reimburse the Secretary of Defense for any expenses or
obligations incurred to facilitate the participation of the
Department of Veterans Affairs in the Warstopper Program
pursuant to subsection (b).
(d) Prohibition on Exclusive Reliance on Regional
Inventories.--The Secretary of Veterans Affairs shall ensure
that the Department does not exclusively rely on holding
regional, physical inventories of critical items in order to
respond to greater than expected needs for such items during
epidemic, pandemic, emergency, national emergency, or natural
disaster situations.
(e) Report on Implementation.--
(1) In general.--Not later than 450 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of this
section.
(2) Contents.--The report submitted under paragraph (1)
shall contain each the following:
(A) An implementation plan for the participation of the
Department of Veterans Affairs in the Warstopper Program,
including milestones and timelines for related
administrative, contracting, and readiness activities.
(B) For each of the items and associated quantities
identified in paragraphs (1) and (3) of subsection (a)--
(i) the method by which the Secretary of Veterans Affairs
plans to ensure the Department continues to have access to
adequate quantities of such items and types of items,
including in the Warstopper Program, in regional, physical
inventories, or other methods; and
(ii) justifications for the method or methods identified
under clause (i).
(3) Updates to report.--The Secretary shall update the
report required under paragraph (1) on an annual basis for
each of the two years following the submission of the report
under such paragraph and submit such updates to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 402. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY
FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Alignment of Equal Employment Opportunity Director.--
(1) Reporting and duties.--Subsection (h) of section 516 of
title 38, United States Code, is amended--
(A) by striking ``The provisions'' and inserting ``(1) The
provisions''; and
(B) by adding at the end the following new paragraph:
``(2) Beginning not later than 90 days after the date of
the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, in carrying out paragraph (1), the Secretary
shall ensure that the official of the Department who serves
as the Equal Employment Opportunity Director of the
Department--
``(A) reports directly to the Deputy Secretary with respect
to the functions under this section; and
``(B) does not also serve in a position that has
responsibility over personnel functions of the Department or
other functions that conflict with the functions under this
section.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b)(1), by inserting ``, in accordance
with subsection (h)(2),'' after ``an Assistant Secretary or a
Deputy Assistant Secretary''; and
(B) in subsection (e)(1)(A), by striking ``the Assistant
Secretary for Human Resources and Administration'' and
inserting ``the Secretary''.
(b) Alignment of EEO Program Managers.--Such section is
further amended by adding at the end the following new
subsection:
``(i) In accordance with subsection (b), not later than one
year after the date of the enactment of the Joseph Maxwell
Cleland and Robert Joseph Dole Memorial Veterans Benefits and
Health Care Improvement Act of 2022, the Secretary shall
ensure that each Equal Employment Opportunity program manager
of the Department at the facility level reports to the head
of the Office of Resolution Management, or such successor
office established pursuant to subsection (a), with respect
to the equal employment functions of the program manager.''.
(c) Reporting Harassment and Employment Discrimination
Complaints.--Subsection (a) of such section is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the employment
discrimination complaint resolution system established under
paragraph (1) requires that any manager of the Department who
receives a sexual or other harassment or employment
discrimination complaint reports such complaint to the Office
of Resolution Management, or successor office, immediately,
or if such immediate reporting is impracticable, not later
than two days after the date on which the manager receives
the complaint.''.
(d) Training.--Subsection (c) of such section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Beginning not later than 180 days after the date
of the enactment of the Joseph Maxwell Cleland and Robert
Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, the Secretary shall provide to each
employee of the Department mandatory annual training on
identifying and addressing sexual and other harassment and
employment discrimination, including with respect to
processes under the Harassment Prevention Program of the
Department, or such successor program.
``(B) An employee of the Department who is hired on or
after such date shall receive the first such mandatory annual
training not later than 60 days after being hired.''.
(e) Harassment and Employment Discrimination Policies and
Directives.--The Secretary of Veterans Affairs shall--
(1) by not later than the date that is 180 days after the
date of the enactment of this Act, and on a regular basis
thereafter, review the policies relating to sexual and other
harassment and employment discrimination of the Department of
Veterans Affairs to ensure that such policies are complete
and in accordance with the sexual and other harassment and
employment discrimination policies established by the Office
of Resolution Management of the Department, or successor
office; and
(2) by not later than 180 days after the date of the
enactment of this Act, issue a final directive and a handbook
for the Harassment Prevention Program of the Department.
(f) Semiannual Reports.--Not later than 180 days after the
date of the enactment of this Act, and semiannually
thereafter for one year, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the progress the Secretary has
made in carrying out this section and section 516 of title
38, United States Code, as amended by this section, including
with respect to reporting sexual and other harassment and
employment discrimination complaints pursuant to subsection
(a)(2) of such section 516.
SEC. 403. DEPARTMENT OF VETERANS AFFAIRS INFORMATION
TECHNOLOGY REFORM ACT OF 2022.
(a) In General.--Chapter 81 of title 38, United States
Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER VI--INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES
``Sec. 8171. Definitions
``In this subchapter:
``(1) The term `appropriate congressional committees'
means--
``(A) the Committee on Veterans' Affairs and the Committee
on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the Committee
on Appropriations of the House of Representatives.
``(2) The term `information technology' has the meaning
given that term in section 11101 of title 40.
``(3)(A) The term `information technology project' means a
project or program of the Department (including a project or
program of any element of the Department) for, or including,
the acquisition or implementation of information technology.
``(B) In cases where the Secretary transmits to the
Director of the Office of Management and Budget information
regarding information technology investments, which may
consist of individual or multiple projects, the term
`information technology project' refers to an individual
project or program or a grouping of multiple projects or
programs resulting in the acquisition or implementation of
discrete information technology.
``(4) The term `life cycle costs' means all direct and
indirect costs to acquire, implement, operate, and maintain
information technology, including with respect to costs of
any element of the Department.
``(5) The term `major information technology project' means
an information technology project if--
``(A) the project is designated by the Secretary, the Chief
Information Officer of the Department, or the Director of the
Office of Management and Budget as a major information
technology investment, as defined in section 11302 of title
40; or
``(B) the dollar value of the project is estimated by the
Secretary to exceed--
``(i) $1,000,000,000 (as adjusted for inflation pursuant to
section 1908 of title 41) for the total life cycle costs of
the project; or
``(ii) $200,000,000 (as adjusted for inflation pursuant to
section 1908 of title 41) annually.
``(6) The term `business owner' means, with respect to an
information technology project, the program manager, project
manager, or other supervisory official of the Department
responsible for the project.
``Sec. 8172. Management of major information technology
projects
``(a) Cost, Schedule, and Performance Information.--(1) The
Secretary shall, acting
[[Page H10351]]
through the Chief Information Officer of the Department,
submit to the appropriate congressional committees a report
containing information on the cost, schedule, and performance
of each major information technology project that begins
after the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022, as generated by the business
owner of the project, prior to the commencement of such
project.
``(2) Each report submitted under paragraph (1) for a
project shall include, with respect to such project, the
following:
``(A) An estimate of acquisition costs, implementation
costs, and life cycle costs.
``(B) An intended implementation schedule indicating
significant milestones, initial operating capability, and
full operating capability or completion.
``(C) Key business, functional, and performance objectives.
``(b) Baseline.--(1) The Secretary shall use the
information on the cost, schedule, and performance of a major
information technology project included in the report under
subsection (a) as the baseline against which changes or
variances are measured during the life cycle of such project.
``(2) The Secretary shall--
``(A) annually update the baseline of a major information
technology project pursuant to subsection (c); and
``(B) include such updated baseline in the documents
providing detailed information on the budget for the
Department that the Secretary submits to Congress in
conjunction with the President's budget submission pursuant
to section 1105 of title 31.
``(c) Changes and Variances.--(1) Not later than 60 days
after the date on which the Secretary identifies a change or
variance described in paragraph (2) in the cost, schedule, or
performance of a major information technology project, the
Secretary, acting through the Chief Information Officer,
shall submit to the appropriate congressional committees a
notification of such change or variance, including a
description and explanation for such change or variance.
``(2) A change or variance in the cost, schedule, or
performance of a major information technology project
described in this paragraph is--
``(A) with respect to the acquisition, implementation, or
life cycle cost of the project, or development increment
therein, a change or variance that is 10 percent or greater
compared to the baseline;
``(B) with respect to the schedule for a development
increment or for achieving a significant milestone, initial
operating capability, or full operating capability, or for
the final completion of the project, a change or variance
that is 180 days or greater compared to the baseline; or
``(C) with respect to the performance, an instance where a
key business, functional, or performance objective is not
attained, or is not anticipated to be attained, in whole or
in part.
``(d) Management.--The Secretary shall ensure that each
major information technology project is managed by an
interdisciplinary team consisting of the following:
``(1) A project manager who--
``(A)(i) is certified in project management at level three
by--
``(I) the Department;
``(II) the Federal Acquisition Institute pursuant to
section 1201 of title 41; or
``(III) the Department of Defense pursuant to section 1701a
of title 10; or
``(ii) holds an equivalent certification by a private
sector project management certification organization, as
determined appropriate by the Secretary; and
``(B) is an employee of the Office of Information and
Technology of the Department or an employee of an element of
the Department at which the project originates.
``(2) A functional lead who is an employee of the element
of the Department at which the project originates.
``(3) A technical lead who is an employee of the Office of
Information and Technology of the Department.
``(4) A contracting officer.
``(5) Sufficient other project management, functional,
technical, and procurement personnel as the Secretary
determines appropriate.
``Sec. 8173. Information technology activities of the
Financial Services Center
``(a) Management.--Consistent with sections 11302 and 11319
of title 40--
``(1) the Chief Information Officer of the Department
shall--
``(A) exercise authority over the management, governance,
and oversight processes relating to existing or proposed
information technology of the Financial Services Center of
the Department, or such successor office; and
``(B) supervise the information technology employees and
contractors of the Financial Services Center; and
``(2) the Director of the Financial Services Center of the
Department, or the head of such successor office, may not
enter into a contract or other agreement for information
technology or information technology services unless the
contract or other agreement has been reviewed and approved by
the Chief Information Officer.
``(b) Oversight.--The Chief Information Officer shall have
oversight and operational authority over all information
security practices of the Financial Services Center of the
Department.
``Sec. 8174. Submission of annual reviews of information
technology
``(a) In General.--The Secretary, acting through the Chief
Information Officer of the Department, shall submit to the
appropriate congressional committees each annual review of
the information technology portfolio of the Department
conducted pursuant to section 11319(d)(3) of title 40.
``(b) First Submission.--The first annual review submitted
under subsection (a) shall include a copy of each previous
annual review conducted under section 11319(d)(3) of title
40.
``Sec. 8175. Information technology matters to be included in
budget justification materials for the Department
``(a) List of Information Technology Projects in Effect.--
The Secretary shall ensure that whenever the budget
justification materials are submitted to Congress in support
of the Department budget for a fiscal year (as submitted with
the budget of the President for such fiscal year under
section 1105(a) of title 31), such budget justification
materials include a list of every information technology
project currently in effect at the Department (including not
only congressional projects and subprojects as determined by
the Director of the Office of Management and Budget or the
Secretary).
``(b) Prioritized List of Unfunded Projects.--(1) In
addition to the list included in the budget justification
materials required by subsection (a), the Secretary shall
ensure that the budget justification materials described in
such subsection also include summary descriptions and a
prioritized list, in rank order, of every information
technology project of the Department, proposed or intended to
be proposed for the following one, two, or three fiscal
years, that is unfunded as of the time of the inclusion of
the list under this paragraph.
``(2) In producing the list required by paragraph (1), the
Secretary shall--
``(A) ensure such list represents a ranking of all proposed
information technology projects that reflects the needs of
all elements of the Department;
``(B) produce one unified list for the entire Department
demonstrating how the various proposed information technology
projects of each of the elements of the Department rank in
priority with the information technology projects of the
other elements of the Department; and
``(C) ensure that the list--
``(i) does not disaggregate and rank information technology
projects based on element of the Department; and
``(ii) does identify the element of the Department
requesting the information technology project.
``(3)(A) In producing each list under paragraph (1), the
Secretary shall prioritize and rank each information
technology project based on an assessment of each of the
following factors:
``(i) Degree of collaboration between business owners and
the Chief Information Officer with respect to joint
functional-technical planning, requirements, and management.
``(ii) Operational or efficiency benefits to employees of
the Department created or produced by the information
technology project.
``(iii) The life cycle cost of the information technology
project.
``(iv) The cost savings or cost avoidance yielded by the
information technology project.
``(v) Time to completion of the information technology
project.
``(vi) The difficulty of the information technology
project, the likelihood the information technology project
will be completed, or the risks associated with undertaking
the information technology project.
``(vii) Tangible benefits to veterans created or produced
by the information technology project.
``(viii) Such other factors as the Secretary considers
appropriate.
``(B) The Secretary shall ensure that each list produced
under paragraph (1) includes, for each information technology
project included in the list, a brief description of the
findings of the Secretary with respect to each assessment
carried out by the Secretary for each factor for the
information technology project under subparagraph (A).
``(c) Projected Funding Needs.--(1) In addition to the
matters included under subsections (a) and (b), the Secretary
shall ensure that the budget justification materials
described in subsection (a) also include a projection of the
one-year, two-year, and three-year funding needs of the
Department for information technology, disaggregated by--
``(A) portfolio; and
``(B) the product line of the Department that requires the
funding.
``(2) In addition to the projections under paragraph (1),
with respect to each of the periods set forth in such
paragraph, the Secretary shall include a description of the
funding required for each technology business management
category used by the Office of Information Technology of the
Department (commonly referred to as `cost pools' and
`towers').''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``subchapter vi--information technology projects and activities
``Sec. 8171. Definitions.
``Sec. 8172. Management of major information technology projects.
``Sec. 8173. Information technology activities of the Financial
Services Center.
``Sec. 8174. Submission of annual reviews of information technology.
``Sec. 8175. Information technology matters to be included in budget
justification materials for the Department.''.
(c) Application and Report Regarding Management of Major
Information Technology Projects.--
(1) Current and new major projects.--Except as specifically
provided in subsection (a) of section 8172 of title 38,
United States Code, as added by subsection (a) of this
section, such section 8172 shall apply with respect to major
information technology projects that begin before,
[[Page H10352]]
on, or after the date of the enactment of this Act.
(2) Report on current projects.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate congressional committees a
report on each major information technology project that the
Secretary is carrying out as of the date of the report.
(B) Contents.--The report submitted under subparagraph (A)
shall contain, with respect to each project described in such
subparagraph, information on the cost, schedule, and
performance of the project as described in subsection (a) of
section 8172 of such title, as so added.
(3) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``major
information technology project'' have the meanings given
those terms in section 8171 of title 38, United States Code,
as added by subsection (a) of this section.
(d) Information Technology Activities of the Financial
Services Center.--
(1) Effective date.--Section 8173 of such title, as added
by subsection (a), shall take effect on the date of the
enactment of this Act.
(2) Applicability.--Subsection (a)(2) of such section shall
apply with respect to contracts and agreements entered into
on or after the date of the enactment of this Act.
(e) Effective Date of Requirement for Projects in Budget
Justification Materials.--Subsection (c) of section 8175 of
such title, as added by subsection (a) of this section, shall
take effect on the first Monday in the second January
beginning after the date of the enactment of this Act.
SEC. 404. REPORT ON INFORMATION TECHNOLOGY DASHBOARD
INFORMATION.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs,
acting through the Chief Information Officer of the
Department of Veterans Affairs, shall submit to the
appropriate congressional committees a report containing--
(1) an explanation of the ratings, rankings, and risk
categorizations used by the Chief Information Officer
pursuant to subparagraph (C) of section 11302(c)(3) of title
40, United States Code, with respect to the information
technology dashboard, or successor system, of the Office of
Management and Budget developed under such section; and
(2) copies of supporting or explanatory information
provided by the Chief Information Officer to the Office of
Management and Budget with respect to submissions by the
Chief Information Officer to the information technology
dashboard, or successor system, for the fiscal year in which
the report is submitted (other than information not otherwise
made public pursuant to such section).
(b) Appropriate Congressional Committees Defined.--In
section, the term ``appropriate congressional committees''
has the meaning given such term in section 8171 of title 38,
United States Code, as added by section 403.
SEC. 405. IMPROVEMENTS TO TRANSPARENCY OF LAW ENFORCEMENT
OPERATIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Provision of Information.--Section 902 of title 38,
United States Code, is amended by adding at the end the
following new subsection:
``(e)(1) The Secretary shall publish on the internet
website of each facility of the Department the following
information with respect to the facility:
``(A) Summaries and statistics covering the previous five-
year period regarding--
``(i) arrests made by and tickets issued by Department
police officers;
``(ii) prosecutions, ticketing, and other actions relating
to such arrests;
``(iii) the use of force and weapons discharge by
Department police officers; and
``(iv) complaints, investigations, and disciplinary actions
regarding Department police officers.
``(B) Contact information for employees of the Department
and the public to directly contact the police force of the
facility, including for an individual (or the representative,
attorney, or authorized agent of the individual) to request
information regarding the arrest, ticketing, detainment, use
of force, or other police matters pertaining to that
individual.
``(2) The Secretary shall ensure that each police force of
a facility of the Department is able to provide to an
individual who contacts the police force pursuant to
paragraph (1)(B) the information described in such
paragraph.''.
(b) Use of Body Worn Cameras by Department Police
Officers.--
(1) Requirement.--Subsection (a) of such section 902 is
amended by adding at the end the following new paragraph:
``(3) Beginning not later than 180 days after the date of
the enactment of the Joseph Maxwell Cleland and Robert Joseph
Dole Memorial Veterans Benefits and Health Care Improvement
Act of 2022, the Secretary shall require Department police
officers to use cameras worn on the individual police
officer's person that record and store audio and video
(commonly known as `body worn cameras').''.
(2) Guidance.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall issue, and make publicly available, guidance on the use
of body worn cameras by Department police officers pursuant
to section 902(a)(3) of title 38, United States Code, as
amended by paragraph (1).
(3) Consultation.--The Secretary shall issue the guidance
under paragraph (2) in consultation with veterans service
organizations, civil rights organizations, law enforcement
organizations, law enforcement accreditation organizations,
privacy rights organizations, and other relevant
organizations or experts.
(c) Data and Reporting on Police Incidents.--Section 902 of
title 38, United States Code, as amended by subsection (a),
is further amended by adding at the end the following new
subsection:
``(f) Police Incidents.--(1)(A) The Secretary shall track
and analyze the following information regarding the police
force of the Department:
``(i) Arrests made by and tickets issued by Department
police officers.
``(ii) Prosecutions, ticketing, and other actions relating
to such arrests.
``(iii) The use of force and weapons discharge.
``(iv) Complaints, investigations, and disciplinary
actions.
``(B) The Secretary shall carry out subparagraph (A) by
implementing one or more Department-wide data systems.
``(2)(A) Beginning not later than one year after the date
of the enactment of the Joseph Maxwell Cleland and Robert
Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, the Secretary shall ensure that each
incident described in subparagraph (C) is promptly reported
to the Assistant Secretary with responsibility for
operations, preparedness, security, and law enforcement
functions.
``(B) The Assistant Secretary shall, in a timely manner--
``(i) review each incident described in subparagraph (C)(i)
that is reported under subparagraph (A); and
``(ii) investigate each incident described in subparagraph
(C)(ii) that is reported under subparagraph (A).
``(C) An incident described in this subparagraph is either
of the following:
``(i) An incident, including an allegation, of the use of
force by a Department police officer.
``(ii) An incident, including an allegation, of the use of
force by a Department police officer that results in any
person receiving medical attention.''.
(d) Plan on Police Staffing.--The Secretary shall develop a
plan that establishes minimum standards for police staffing
at each facility of the Department, including with respect
to--
(1) the number of Department police officers assigned to
each facility; and
(2) the pay grades for such officers.
(e) Report on Implementation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the implementation of this
section and the amendments made by this section.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) With respect to the staffing needs of the Department
police force--
(i) identification of the amount of turnover among
Department police officers;
(ii) how the compensation for Department police officers
affects such turnover;
(iii) a comparison of such compensation with the
compensation provided to specialty police units, such as
police units at medical facilities and other police units in
the same locality pay area; and
(iv) the plan developed under subsection (d), including--
(I) estimates on the costs to carry out the plan; and
(II) any recommendations for legislative actions required
to carry out the plan.
(B) With respect to body worn cameras, a review of the
implementation and use of body worn cameras by Department
police officers, including under pilot programs carried out
by the Secretary during the five-year period preceding the
date of the report.
(f) Definitions.--In this section:
(1) Body worn camera.--The term ``body worn camera'' means
a camera worn on an individual police officer's person that
records and stores audio and video.
(2) Department police officer.--The term ``Department
police officer'' means an employee of the Department of
Veterans Affairs described in section 902(a) of title 38,
United States Code.
SEC. 406. PLAN FOR REDUCTION OF BACKLOG OF FREEDOM OF
INFORMATION ACT REQUESTS.
(a) Plan.--
(1) In general.--The Secretary of Veterans Affairs shall
establish and carry out a plan for the Secretary to meet, by
not later than five years after the date of the enactment of
this Act, the requirements of section 552 of title 5, United
States Code, (commonly known as the ``Freedom of Information
Act'' or ``FOIA'') with respect to providing documents and
information under such section within the timeframes required
by such section.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Improving and acquiring technology, including with
respect to searching email and other electronic information,
and the timelines for such improvement, to ensure that the
information technology of the Department of Veterans Affairs
is capable of carrying out the plan.
(B) Identification of efficient procedures, policies, and
systems of the Department that could be developed to allow
employees of the Department responsible for replying to
requests under such section 552 to search and review
documents rather than other employees of the Department.
(C) A schedule for carrying out the plan, including key
milestones and metrics.
(b) Compliance Assessment.--The Secretary shall request the
Director of the Office of Government Information Services of
the National Archives and Records Administration to conduct
an assessment of the compliance by the Department of Veterans
Affairs with section 552 of title 5, United States Code.
(c) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee
[[Page H10353]]
on Veterans' Affairs of the House of Representatives a report
on implementing subsections (a) and (b).
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) The plan established under subsection (a).
(ii) An analysis of the root causes of the backlog of
Freedom of Information Act requests.
(iii) Recommendations with respect to any additional
resources or legislative action the Secretary determines
necessary for such implementation.
(2) Annual reports.--During the five-year period following
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives annual reports on--
(A) carrying out the plan under subsection (a), including
any updates or changes made to the plan; and
(B) the compliance by the Department as described in
subsection (b).
(3) Publication.--The Secretary shall make publicly
available on the internet website of the Department the
reports under paragraphs (1) and (2) by not later than 30
days after the date on which the Secretary submits the
reports to the Committee on Veterans' Affairs of the Senate
and the Committee on Veterans' Affairs of the House of
Representatives.
(d) Definition of Backlog of Freedom of Information Act
Requests.--In this section, the term ``backlog of Freedom of
Information Act requests'' means the number of requests, as
reported by the Secretary of Veterans Affairs to the Attorney
General in the Annual FOIA Report, made by individuals to the
Secretary pursuant to section 552 of title 5, United States
Code, for documents or information that the Secretary has not
fulfilled or provided a response to the individual.
SEC. 407. MEDAL OF HONOR SPECIAL PENSION TECHNICAL
CORRECTION.
(a) In General.--Section 2003(a) of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315) is amended by
striking ``$1,388.68'' and inserting ``$1,406.73''.
(b) Correction to Certain Pension Payments.--
(1) Correct codification.--Section 1562(a)(1) of title 38,
United States Code, is amended by striking ``$1,388.68'' and
inserting ``$ 1,406.73''.
(2) Retroactive effective date.--The amendment made by
paragraph (1) shall take effect as if it were enacted
immediately after the enactment of the Johnny Isakson and
David P. Roe, M.D. Veterans Health Care and Benefits
Improvement Act of 2020 (Public Law 116-315).
(c) Treatment of Certain Pension Payments.--
(1) In general.--A payment described in paragraph (2) shall
be treated as an authorized payment.
(2) Payments described.--A payment described in this
paragraph is a payment of pension under section 1562 of title
38, United States Code, by the Secretary of Veterans
Affairs--
(A) in the amount of $1,406.73 during the period beginning
on January 5, 2021, and ending on November 30, 2021;
(B) in the amount of $1,489.73 during the period beginning
on December 1, 2021, and ending on November 30, 2022; or
(C) in the amount of $1,619.34 during the period beginning
on December 1, 2022, and ending on the date of the enactment
of this Act.
SEC. 408. IMPOSITION OF CAP ON EMPLOYEES OF THE DEPARTMENT OF
VETERANS AFFAIRS WHO PROVIDE EQUAL EMPLOYMENT
OPPORTUNITY COUNSELING.
(a) Reimposition of Cap.--
(1) In general.--Section 516 of title 38, United States
Code, as amended by section 7(a) of the Responsible Education
Mitigating Options and Technical Extensions Act (Public Law
117-76), is further amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following new
subsection (g):
``(g)(1)(A) Except as provided in paragraph (4), beginning
on the date of the enactment of the Joseph Maxwell Cleland
and Robert Joseph Dole Memorial Veterans Benefits and Health
Care Improvement Act of 2022 and ending on the date that is
three years after the date of the enactment of such Act, the
number of employees of the Department whose duties include
equal employment opportunity counseling functions may not
exceed 76 full-time equivalent employees.
``(B) Except as provided in paragraph (4), beginning on the
date that is three years after the date of enactment of the
Joseph Maxwell Cleland and Robert Joseph Dole Memorial
Veterans Benefits and Health Care Improvement Act of 2022,
the number of employees of the Department whose duties
include equal employment opportunity counseling functions may
not exceed 81 full-time equivalent employees.
``(2) Except as provided in paragraph (4), of the 76 full-
time equivalent employees set forth in paragraph (1), the
number of employees of the Department whose duties include
equal employment opportunity counseling functions as well as
other unrelated functions may not exceed 40 full-time
equivalent employees.
``(3) Except as provided in paragraph (4), any employee
described in paragraph (2) whose duties include equal
employment opportunity counseling functions as well as other
unrelated functions may be assigned equal employment
opportunity counseling functions only at Department
facilities in remote geographic locations.
``(4)(A) Beginning on the date that is one year after the
date of enactment of the Joseph Maxwell Cleland and Robert
Joseph Dole Memorial Veterans Benefits and Health Care
Improvement Act of 2022, the Secretary shall promptly notify
Congress if, at any point in time, the number of full-time
equivalent employees of the Department specified in paragraph
(1), whose duties include equal opportunity counseling
functions, is insufficient for the Department to meet its
required obligations under law.
``(B) Notification under subparagraph (A) shall include--
``(i) the specific legal obligations relating to employment
discrimination, or other matters similar to those covered by
regulations prescribed by the Equal Employment Opportunity
Commission, that the Department is unable to meet; and
``(ii) the total additional number of full-time equivalent
employees of the Department that would be needed for the
Department to meet such obligations.''.
(2) Conforming amendment.--Subsection (b) of section 7 of
such Act is hereby repealed.
(b) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report that includes the following
elements:
(1) An accounting of the number of informal stage cases
filed with the employment discrimination complaint resolution
system established and administered under section 516(a) of
title 38, United States Code, disaggregated by--
(A) the period beginning on January 1, 2019, and ending on
the date of the enactment of this Act; and
(B) the three-year period beginning on the date of the
enactment of this Act.
(2) A comparison of timeliness, with respect to the average
time to process, of processing of informal stage cases by
such system with respect to--
(A) the period beginning on January 1, 2019, and ending on
the date of the enactment of this Act; and
(B) the three-year period beginning on the date of the
enactment of this Act.
(3) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department of
Veterans Affairs whose duties include only equal employment
opportunity counseling functions under section 516 of title
38, United States Code, disaggregated by--
(A) the ten-year period ending on the date of the enactment
of this Act; and
(B) the three-year period beginning on the date of the
enactment of this Act.
(c) Annual Reports.--Not later than one year after the date
of the enactment of this Act and once each year thereafter,
the Secretary of Veterans Affairs shall make available to the
public on an internet website of the Department an annual
report that includes, for the year covered by the report, the
following:
(1) Total number of complaints filed through the employment
discrimination complaint resolution system established and
administered under subsection (a) of section 516 of title 38,
United States Code.
(2) Total number of such complaints completed processing by
such system in a timely manner.
(3) The percentage of all pre-complaint counseling provided
under such section that led to resolution without further
action.
(4) The percentage of all pre-complaint counseling provided
under such section that led to resolution via alternative
dispute resolution.
(5) The percentage of all pre-complaint counseling provided
under such section that led to filing of a formal complaint
via such system.
(6) An accounting of the amounts, times, and quality of
informal claims processed by employees of the Department
whose duties include equal employment opportunity counseling
under such section.
(7) An estimate of the required ratio of Department
employees whose duties include equal employment opportunity
counseling functions relative to the number of full-time
equivalent employees in the Department.
(d) Independent Assessment.--Not later than 180 days after
the first report is made available under subsection (c), the
Comptroller General shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives an
independent assessment of the ratio reported by the Secretary
pursuant to paragraph (7) of such subsection. Such assessment
shall include such recommendations as the Secretary may have
for improving such ratio and the ability of the Department to
provide equal employment opportunity counseling.
DIVISION V--STRONG VETERANS ACT OF 2022
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Support The Resiliency of Our Nation's Great Veterans Act
of 2022'' or the ``STRONG Veterans Act of 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION V--STRONG VETERANS ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH
Sec. 101. Mental health and suicide prevention outreach to minority
veterans and American Indian and Alaska Native veterans.
Sec. 102. Expansion of Vet Center workforce.
Sec. 103. Expansion of mental health training for Department of
Veterans Affairs.
Sec. 104. Expansion of scholarships and loan repayment programs for
mental health providers.
TITLE II--VETERANS CRISIS LINE
Sec. 201. Veterans Crisis Line.
Subtitle A--Veterans Crisis Line Training and Quality Management
Sec. 211. Staff training.
Sec. 212. Quality review and management.
[[Page H10354]]
Sec. 213. Guidance for high-risk callers.
Sec. 214. Oversight of training of social service assistants and
clarification of job responsibilities.
Subtitle B--Pilot Programs and Research on Veterans Crisis Line
Sec. 221. Pilot programs.
Sec. 222. Authorization of appropriations for research on effectiveness
and opportunities for improvement of Veterans Crisis
Line.
Subtitle C--Transition of Crisis Line Number
Sec. 231. Feedback on transition of crisis line number.
TITLE III--OUTREACH TO VETERANS
Sec. 301. Designation of Buddy Check Week by Secretary of Veterans
Affairs.
Sec. 302. Improvements to Veterans Justice Outreach Program.
Sec. 303. Department of Veterans Affairs Governors Challenge Program.
TITLE IV--MENTAL HEALTH CARE DELIVERY
Sec. 401. Expansion of peer specialist support program of Department of
Veterans Affairs.
Sec. 402. Expansion of Vet Center services.
Sec. 403. Eligibility for mental health services.
Sec. 404. Mental health consultations.
TITLE V--RESEARCH
Sec. 501. Veterans integration to academic leadership program of the
Department of Veterans Affairs.
Sec. 502. Improvement of sleep disorder care furnished by Department of
Veterans Affairs.
Sec. 503. Study on inpatient mental health and substance use care from
Department of Veterans Affairs.
Sec. 504. Study on treatment from Department of Veterans Affairs for
co-occurring mental health and substance use disorders.
Sec. 505. Study on workload of suicide prevention teams of Department
of Veterans Affairs.
Sec. 506. Expansion of suicide prevention and mental health research.
Sec. 507. Study on mental health and suicide prevention support for
military families.
Sec. 508. Research on brain health.
Sec. 509. Study on efficacy of clinical and at-home resources for post-
traumatic stress disorder.
TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH
SEC. 101. MENTAL HEALTH AND SUICIDE PREVENTION OUTREACH TO
MINORITY VETERANS AND AMERICAN INDIAN AND
ALASKA NATIVE VETERANS.
(a) Staffing Requirement.--Beginning not later than 90 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall ensure that each medical center of the
Department of Veterans Affairs has no fewer than one full-
time employee whose responsibility is serving as a minority
veteran coordinator.
(b) Training.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation
with the Indian Health Service and the Director of the Office
of Mental Health and Suicide Prevention of the Department of
Veterans Affairs, shall ensure that all minority veteran
coordinators receive training in delivery of mental health
and suicide prevention services culturally appropriate for
American Indian and Alaska Native veterans, especially with
respect to the identified populations and tribes within the
coordinators' catchment areas.
(c) Coordination With Suicide Prevention Coordinators.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary, in consultation with the Director of the
Office of Mental Health and Suicide Prevention, shall ensure
that the suicide prevention coordinator and minority veteran
coordinator of each medical center of the Department have
developed and disseminated to the director of the medical
center a written plan for conducting mental health and
suicide prevention outreach to all tribes and urban Indian
health organizations within the catchment area of the medical
center. Each such plan shall include for each tribe covered
by the plan--
(1) contact information for tribal leadership and the
tribal health facility or Indian Health Service facility
serving that tribe;
(2) a schedule for and list of outreach plans (including
addressing any barriers to accessing Department mental health
care);
(3) documentation of any conversation with tribal leaders
that may guide culturally appropriate delivery of mental
health care to American Indian or Alaska Native veterans;
(4) documentation of any progress in incorporating
traditional healing practices into mental health and suicide
prevention protocols and options available for veterans who
are members of such tribe; and
(5) documentation of any coordination among the Department,
the Indian Health Service, urban Indian health organizations,
and the Substance Abuse and Mental Health Services
Administration for the purpose of improving suicide
prevention efforts tailored to veterans who are members of
such tribe and the provision of culturally competent mental
health care to such veterans.
(d) Report.--Not later than one year after the enactment of
this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
outreach efforts to minority veterans and American Indian and
Alaska Native veterans. Such report shall include each of the
following:
(1) The number of minority veteran coordinators within the
Department.
(2) The number and percentage of minority veteran
coordinators who are women.
(3) The number and percentage of minority veteran
coordinators who are persons of color.
(4) The number and percentage of Department medical centers
with minority veteran coordinators.
(5) The number and percentage of Department mental health
providers who are enrolled members of a federally recognized
Indian tribe or self-identify as Native American.
(6) The number and percentage of Department mental health
providers who speak a second language.
(7) A review of the outreach plans developed and submitted
to all Department medical centers for outreach to American
Indian and Alaska Native veterans.
(8) A review of mental health care provided annually by the
Department to American Indian and Alaska Native veterans for
the past three years, including number of appointments, and
an assessment of any barriers to providing this care.
SEC. 102. EXPANSION OF VET CENTER WORKFORCE.
(a) In General.--Not later than one year after the date of
the enactment of this Act and subject to the availability of
appropriations, the Secretary of Veterans Affairs shall hire
an additional 50 full-time equivalent employees for Vet
Centers to bolster the workforce of Vet Centers and to
provide expanded mental health care to veterans, members of
the Armed Forces, and their families through outreach,
community access points, outstations, and Vet Centers.
(b) Vet Center Defined.--In this section, the term ``Vet
Center'' has the meaning given that term in section 1712A(h)
of title 38, United States Code.
SEC. 103. EXPANSION OF MENTAL HEALTH TRAINING FOR DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Not later than three years after the date
of the enactment of this Act and subject to the availability
of appropriations, the Secretary of Veterans Affairs, in
collaboration with the Office of Mental Health and Suicide
Prevention and the Office of Academic Affiliations, shall add
an additional 250 paid trainee slots in covered mental health
disciplines to the workforce of the Department of Veterans
Affairs.
(b) Covered Mental Health Disciplines Defined.--In this
section, the term ``covered mental health disciplines'' means
psychiatry, psychology, advanced practice nursing (with a
focus on mental health or substance use disorder), social
work, licensed professional mental health counseling, and
marriage and family therapy.
SEC. 104. EXPANSION OF SCHOLARSHIPS AND LOAN REPAYMENT
PROGRAMS FOR MENTAL HEALTH PROVIDERS.
(a) Expansion of Health Professional Scholarship Program.--
Beginning in academic year 2022, the Secretary of Veterans
Affairs shall include not fewer than an additional (as
compared to academic year 2021) 50 awards per academic year
under the Department of Veterans Affairs Health Professional
Scholarship Program under subchapter II of chapter 76 of
title 38, United States Code, for applicants otherwise
eligible for such program who are pursuing degrees or
training in mental health disciplines, including advanced
practice nursing (with a focus on mental health or substance
use disorder), psychology, and social work.
(b) Expansion of Education Debt Reduction Program.--
(1) In general.--Beginning in fiscal year 2022, the
Secretary shall provide not fewer than an additional (as
compared to fiscal year 2021) 200 debt reduction awards per
year under the Department of Veterans Affairs Education Debt
Reduction Program under subchapter VII of chapter 76 of title
38, United States Code, to be used to recruit mental health
professionals to the Department of Veterans Affairs in
disciplines that include psychiatry, psychology, advanced
practice nursing (with a focus on mental health or substance
use disorder), and social work.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs
$8,000,000 per year to carry out the additional awards under
paragraph (1).
(c) Outreach.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall develop a
public awareness campaign to encourage veterans and mental
health professionals to choose the Department for their
mental health career.
(2) Elements.--The campaign required under paragraph (1)--
(A) shall advertise the paid trainee, scholarship, and loan
repayment opportunities offered by the Department; and
(B) may highlight the new graduate medical education
residencies available at the Department for medical students
entering residency.
TITLE II--VETERANS CRISIS LINE
SEC. 201. VETERANS CRISIS LINE.
In this title, the term ``Veterans Crisis Line'' means the
toll-free hotline for veterans established under section
1720F(h) of title 38, United States Code.
Subtitle A--Veterans Crisis Line Training and Quality Management
SEC. 211. STAFF TRAINING.
(a) Review of Training for Veterans Crisis Line Call
Responders.--
(1) In general.--The Secretary of Veterans Affairs shall
enter into an agreement with an organization outside the
Department of Veterans Affairs to review the training for
Veterans
[[Page H10355]]
Crisis Line call responders on assisting callers in crisis.
(2) Completion of review.--The review conducted under
paragraph (1) shall be completed not later than one year
after the date of the enactment of this Act.
(3) Elements of review.--The review conducted under
paragraph (1) shall consist of a review of the training
provided by the Department on subjects including risk
assessment, lethal means assessment, substance use and
overdose risk assessment, safety planning, referrals to care,
supervisory consultation, and emergency dispatch.
(4) Update of training.--If any deficiencies in the
training for Veterans Crisis Line call responders are found
pursuant to the review under paragraph (1), the Secretary
shall update such training and associated standards of
practice to correct those deficiencies not later than one
year after the completion of the review.
(b) Retraining Guidelines for Veterans Crisis Line Call
Responders.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall develop
guidelines on retraining and quality management for when a
Veterans Crisis Line call responder has an adverse event or
when a quality review check by a supervisor of such a call
responder denotes that the call responder needs improvement.
(2) Elements of guidelines.--The guidelines developed under
paragraph (1) shall specify the subjects and quantity of
retraining recommended and how supervisors should implement
increased use of silent monitoring or other performance
review mechanisms.
SEC. 212. QUALITY REVIEW AND MANAGEMENT.
(a) Monitoring of Calls on Veterans Crisis Line.--
(1) In general.--The Secretary of Veterans Affairs shall
require that not fewer than two calls per month for each
Veterans Crisis Line call responder be subject to supervisory
silent monitoring, which is used to monitor the quality of
conduct by such call responder during the call.
(2) Benchmarks.--The Secretary shall establish benchmarks
for requirements and performance of Veterans Crisis Line call
responders on supervisory silent monitored calls.
(3) Quarterly reports.--Not less frequently than quarterly,
the Secretary shall submit to the Office of Mental Health and
Suicide Prevention of the Department of Veterans Affairs a
report on occurrence and outcomes of supervisory silent
monitoring of calls on the Veterans Crisis Line.
(b) Quality Management Processes for Veterans Crisis
Line.--Not later than one year after the date of the
enactment of this Act, the leadership for the Veterans Crisis
Line, in partnership with the Office of Mental Health and
Suicide Prevention of the Department and the National Center
for Patient Safety of the Department, shall establish quality
management processes and expectations for staff of the
Veterans Crisis Line, including with respect to reporting of
adverse events and close calls.
(c) Annual Common Cause Analysis for Callers to Veterans
Crisis Line Who Die by Suicide.--
(1) In general.--Not less frequently than annually, the
Secretary shall perform a common cause analysis for all
identified callers to the Veterans Crisis Line that died by
suicide during the one-year period preceding the conduct of
the analysis before the caller received contact with
emergency services and in which the Veterans Crisis Line was
the last point of contact.
(2) Submittal of results.--The Secretary shall submit to
the Office of Mental Health and Suicide Prevention of the
Department the results of each analysis conducted under
paragraph (1).
(3) Application of themes or lessons.--The Secretary shall
apply any themes or lessons learned under an analysis under
paragraph (1) to updating training and standards of practice
for staff of the Veterans Crisis Line.
SEC. 213. GUIDANCE FOR HIGH-RISK CALLERS.
(a) Development of Enhanced Guidance and Procedures for
Response to Calls Related to Substance Use and Overdose
Risk.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with national experts within the Department of
Veterans Affairs on substance use disorder and overdose,
shall--
(1) develop enhanced guidance and procedures to respond to
calls to the Veterans Crisis Line related to substance use
and overdose risk;
(2) update training materials for staff of the Veterans
Crisis Line in response to such enhanced guidance and
procedures; and
(3) update criteria for monitoring compliance with such
enhanced guidance and procedures.
(b) Review and Improvement of Standards for Emergency
Dispatch.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall--
(A) review the current emergency dispatch standard
operating procedure of the Veterans Crisis Line to identify
any additions to such procedure to strengthen communication
regarding--
(i) emergency dispatch for disconnected callers; and
(ii) the role of social service assistants in requesting
emergency dispatch and recording such dispatches; and
(B) update such procedure to include the additions
identified under subparagraph (A).
(2) Training.--The Secretary shall ensure that all staff of
the Veterans Crisis Line are trained on all updates made
under paragraph (1)(B) to the emergency dispatch standard
operating procedure of the Veterans Crisis Line.
SEC. 214. OVERSIGHT OF TRAINING OF SOCIAL SERVICE ASSISTANTS
AND CLARIFICATION OF JOB RESPONSIBILITIES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall--
(1) establish oversight mechanisms to ensure that social
service assistants and supervisory social service assistants
working with the Veterans Crisis Line are appropriately
trained and implementing guidance of the Department regarding
the Veterans Crisis Line; and
(2) refine standard operating procedures to delineate roles
and responsibilities for all levels of supervisory social
service assistants working with the Veterans Crisis Line.
Subtitle B--Pilot Programs and Research on Veterans Crisis Line
SEC. 221. PILOT PROGRAMS.
(a) Extended Safety Planning Pilot Program for Veterans
Crisis Line.--
(1) In general.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a pilot program to determine
whether a lengthier, templated safety plan used in clinical
settings could be applied in call centers for the Veterans
Crisis Line.
(2) Briefing.--Not later than two years after the date of
the enactment of this Act, the Secretary shall provide to
Congress a briefing on the findings of the Secretary under
the pilot program conducted under paragraph (1), which shall
include any recommendations of the Secretary with respect to
the continuation or discontinuation of the pilot program.
(b) Crisis Line Facilitation Pilot Program.--
(1) In general.--Commencing not later than one year after
the date of the enactment of this Act, the Secretary shall
carry out a pilot program on the use of crisis line
facilitation to increase use of the Veterans Crisis Line
among high-risk veterans.
(2) Briefing.--Not later than two years after the date of
the enactment of this Act, the Secretary shall provide to
Congress a briefing on the findings of the Secretary under
the pilot program under paragraph (1), including any
recommendations of the Secretary with respect to the
continuation or discontinuation of the pilot program.
(3) Definitions.--In this section:
(A) The term ``crisis line facilitation'', with respect to
a high-risk veteran, means the presentation by a therapist of
psychoeducational information about the Veterans Crisis Line
and a discussion of the perceived barriers and facilitators
to future use of the Veterans Crisis Line for the veteran,
which culminates in the veteran calling the Veterans Crisis
Line with the therapist to provide firsthand experiences that
may counter negative impressions of the Veterans Crisis Line.
(B) The term ``high-risk veteran'' means a veteran
receiving inpatient mental health care following a suicidal
crisis.
SEC. 222. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH ON
EFFECTIVENESS AND OPPORTUNITIES FOR IMPROVEMENT
OF VETERANS CRISIS LINE.
There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal years 2022 and 2023, a total of
$5,000,000 for the Mental Illness Research, Education, and
Clinical Centers of the Department of Veterans Affairs to
conduct research on the effectiveness of the Veterans Crisis
Line and areas for improvement for the Veterans Crisis Line.
Subtitle C--Transition of Crisis Line Number
SEC. 231. FEEDBACK ON TRANSITION OF CRISIS LINE NUMBER.
(a) In General.--The Secretary of Veterans Affairs shall
solicit feedback from veterans service organizations on how
to conduct outreach to members of the Armed Forces, veterans,
their family members, and other members of the military and
veterans community on the move to 988 as the new, national
three-digit suicide and mental health crisis hotline, which
is expected to be implemented by July 2022, to minimize
confusion and ensure veterans are aware of their options for
reaching the Veterans Crisis Line.
(b) Nonapplication of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any feedback solicited
under subsection (a).
(c) Veterans Service Organization Defined.--In this
section, the term ``veterans service organization'' means an
organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
TITLE III--OUTREACH TO VETERANS
SEC. 301. DESIGNATION OF BUDDY CHECK WEEK BY SECRETARY OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall
designate one week each year to organize outreach events and
educate veterans on how to conduct peer wellness checks,
which shall be known as ``Buddy Check Week''.
(b) Educational Opportunities.--
(1) In general.--During Buddy Check Week, the Secretary, in
consultation with organizations that represent veterans,
nonprofits that serve veterans, mental health experts,
members of the Armed Forces, and such other entities and
individuals as the Secretary considers appropriate, shall
collaborate with organizations that represent veterans to
provide educational opportunities for veterans to learn how
to conduct peer wellness checks.
(2) Training matters.--As part of the educational
opportunities provided under paragraph (1), the Secretary
shall provide the following:
(A) A script for veterans to use to conduct peer wellness
checks that includes information on appropriate referrals to
resources veterans might need.
[[Page H10356]]
(B) Online and in-person training, as appropriate, on how
to conduct a peer wellness check.
(C) Opportunities for members of organizations that
represent veterans to learn how to train individuals to
conduct peer wellness checks.
(D) Training for veterans participating in Buddy Check Week
on how to transfer a phone call directly to the Veterans
Crisis Line.
(E) Resiliency training for veterans participating in Buddy
Check Week on handling a veteran in crisis.
(3) Online materials.--All training materials provided
under the educational opportunities under paragraph (1) shall
be made publicly available on a website of the Department of
Veterans Affairs.
(c) Outreach.--The Secretary, in collaboration with
organizations that represent veterans, may conduct outreach
regarding educational opportunities under subsection (b) at--
(1) public events where many veterans are expected to
congregate;
(2) meetings of organizations that represent veterans;
(3) facilities of the Department; and
(4) such other locations as the Secretary, in collaboration
with organizations that represent veterans, considers
appropriate.
(d) Veterans Crisis Line Plan.--
(1) In general.--The Secretary shall ensure that a plan
exists for handling the potential increase in the number of
calls into the Veterans Crisis Line that may occur during
Buddy Check Week.
(2) Submittal of plan.--The head of the Veterans Crisis
Line shall submit to the Secretary a plan for how to handle
excess calls during Buddy Check Week, which may include the
following:
(A) Additional hours for staff.
(B) The use of a backup call center.
(C) Any other plan to ensure that calls from veterans in
crisis are being answered in a timely manner by an individual
trained at the same level as a Veterans Crisis Line
responder.
(e) Definitions.--In this section:
(1) The term ``organization that represents veterans''
means an organization recognized by the Secretary for the
representation of veterans under section 5902 of title 38,
United States Code.
(2) The term ``veteran'' has the meaning given that term in
section 101 of such title.
(3) The term ``Veterans Crisis Line'' means the toll-free
hotline for veterans provided by the Secretary under section
1720F(h) of such title.
SEC. 302. IMPROVEMENTS TO VETERANS JUSTICE OUTREACH PROGRAM.
(a) Outreach Requirement.--The Secretary of Veterans
Affairs shall conduct outreach regarding the Veterans Justice
Outreach Program to justice-involved veterans, military and
veterans service organizations, and relevant stakeholders in
the criminal justice community, including officials from
local law enforcement, court, and jail systems and others as
determined appropriate by the Secretary. Such outreach--
(1) shall be designed--
(A) to spread awareness and understanding of the Program;
(B) to spread awareness and understanding of veteran
eligibility for the Program, including the eligibility of
veterans who were discharged from service in the Armed Forces
under conditions other than honorable; and
(C) to improve the identification of justice-involved
veterans; and
(2) may be conducted in person, virtually, or through other
means, including by the dissemination of informational
materials and contact information.
(b) Strategic Plan.--The Secretary of Veterans Affairs
shall develop a strategic plan for the Veterans Justice
Outreach Program. In developing such plan, the Secretary
shall conduct--
(1) an assessment of barriers to working with justice-
involved veterans in rural, remote, and underserved areas,
including potential steps to address such barriers; and
(2) a workforce gap analysis for the Program.
(c) Increase in Number of VJO Specialists.--
(1) Increase.--The Secretary of Veterans Affairs shall
increase the number of Veterans Justice Outreach specialists
responsible for supporting justice-involved veterans in
rural, remote, or underserved areas, including areas located
far from Department of Veterans Affairs medical centers, as
determined by the Secretary, through--
(A) the hiring of additional Veterans Justice Outreach
specialists;
(B) the reallocation of existing Veterans Justice Outreach
specialists; or
(C) such other means as may be determined appropriate by
the Secretary.
(2) Determination.--The Secretary shall determine the
number of Veterans Justice Outreach specialists required, and
the locations of such specialists, under paragraph (1) by
taking into account--
(A) such number and locations needed to achieve the mission
and strategic goals of the Veterans Justice Outreach Program;
(B) any gaps in the workforce of the Program, including
such gaps identified pursuant to subsection (b)(2); and
(C) strategies to address such gaps.
(3) Use of technology.--In carrying out paragraph (1), the
Secretary shall consider the use of virtual technology.
(d) Performance Goals and Implementation Plans.--
(1) Establishment.--The Secretary of Veterans Affairs shall
establish performance goals and implementation plans for--
(A) the Veterans Justice Outreach Program;
(B) Veterans Justice Outreach Specialists; and
(C) providing support for research regarding justice-
involved veterans.
(2) Consistency with strategic plan.--The Secretary shall
ensure that the performance goals and implementation plans
under paragraph (1) are consistent with the strategic plan
under subsection (b) and include--
(A) qualitative and quantitative milestones, measures, and
metrics, and associated timelines for completion of the plans
under paragraph (1) and barriers to such completion;
(B) an identification of relevant staff; and
(C) an estimate of resource needs and sources.
(3) Performance data.--The Secretary shall establish a
process to regularly collect and analyze performance data to
assess the efficiency and effectiveness of implementing the
plans under paragraph (1).
(e) Training Requirement.--The Secretary shall ensure that
all Veterans Justice Outreach Specialists receive training
not less frequently than annually on--
(1) best practices for identifying and conducting outreach
to justice-involved veterans and relevant stakeholders in the
criminal justice community; and
(2) veteran eligibility for the Veterans Justice Outreach
Program, including with respect to consistently communicating
changes regarding eligibility (including through the use of a
script or other reference materials).
(f) Reports on Implementation.--
(1) First report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report on the following:
(A) An assessment of implementing subsection (c),
including--
(i) strategies to increase Veterans Justice Outreach
specialists responsible for supporting justice-involved
veterans in rural, remote, or underserved areas; and
(ii) the progress of the Secretary in addressing gaps in
the workforce of the Veterans Justice Outreach Program
identified pursuant to paragraph (2) of such subsection.
(B) The performance goals and implementation plans
established under subsection (d)(1).
(2) Subsequent report.--Not later than three years after
the date on which the first report is submitted under
paragraph (1), the Secretary shall submit to Congress a
report on the progress of the Secretary in meeting the
performance goals and carrying out activities under the
implementation plans established under subsection (d)(1).
(g) Report on Veterans Treatment Courts.--Not later than
one year after the date of the enactment of this Act, the
Secretary, in consultation with the Attorney General, shall
submit to Congress a report on the engagement of the
Department of Veterans Affairs with veterans treatment
courts, including--
(1) the availability and efficacy of veterans treatment
courts in meeting the needs of justice-involved veterans;
(2) best practices for Department of Veterans Affairs staff
and justice-involved veterans in working with veterans
treatment courts; and
(3) the ability of justice-involved veterans to access
veterans treatment courts, including any barriers that exist
to increasing such access.
(h) Definitions.--In this section:
(1) The term ``justice-involved veteran'' means a veteran
with active, ongoing, or recent contact with some component
of a local criminal justice system.
(2) The term ``Veterans Justice Outreach Program'' means
the program through which the Department of Veterans Affairs
identifies justice-involved veterans and provides such
veterans with access to Department services.
(3) The term ``Veterans Justice Outreach Specialist'' means
an employee of the Department of Veterans Affairs who serves
as a liaison between the Department and the local criminal
justice system on behalf of a justice-involved veteran.
(4) The term ``veterans treatment court'' means a State or
local court that is participating in the veterans treatment
court program (as defined in section 2991(i)(1) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa(i)(1))).
SEC. 303. DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE
PROGRAM.
The Secretary of Veterans Affairs may enter into agreements
with States, territories, and American Indian and Alaska
Native tribes for the development and implementation of
veteran suicide prevention proposals through the Governors
Challenge Program.
TITLE IV--MENTAL HEALTH CARE DELIVERY
SEC. 401. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Expansion.--Section 506 of the VA MISSION Act of 2018
(Public Law 115-182; 38 U.S.C. 1701 note) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g);
(2) in subsection (a), by adding at the end the following
new sentence: ``Each such peer specialist shall be a full-
time employee whose primary function is to serve as a peer
specialist and shall be in addition to all other employees of
such medical center.'';
(3) in the heading of subsection (b), by striking
``Timeframe'' and inserting ``Initial Timeframe'';
(4) in subsection (c)--
(A) in the heading, by striking ``Selection'' and inserting
``Initial Selection''; and
(B) in paragraph (1), by striking ``The Secretary shall''
and inserting ``In establishing the program at initial
locations, the Secretary shall'';
(5) by inserting after subsection (c) the following new
subsection:
``(d) Timeframe for Expansion of Program; Selection of
Additional Locations.--
``(1) Timeframe for expansion.--The Secretary shall make
permanent and expand the program to additional medical
centers of the Department as follows:
[[Page H10357]]
``(A) As of the date of the enactment of the STRONG
Veterans Act of 2022, the Secretary shall make such program
permanent at each medical center participating in the program
on the day before such date of enactment.
``(B) During the seven-year period following such date of
enactment, the Secretary shall expand the program to an
additional 25 medical centers per year until the program is
carried out at each medical center of the Department.
``(2) Selection of additional locations.--In selecting
medical centers for the expansion of the program under
paragraph (1)(B), until such time as each medical center of
the Department is participating in the program by
establishing not fewer than two peer specialists at the
medical center, the Secretary shall prioritize medical
centers in the following areas:
``(A) Rural areas and other areas that are underserved by
the Department.
``(B) Areas that are not in close proximity to an active
duty military installation.
``(C) Areas representing different geographic locations,
such as census tracts established by the Bureau of the
Census.'';
(6) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, by striking ``Gender-specific
Services'' and inserting ``Considerations for Hiring Peer
Specialists'';
(B) in the matter preceding paragraph (1), by striking
``location selected under subsection (c)'' and inserting
``medical center'';
(C) in paragraph (1), by striking ``and'' at the end; and
(D) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) female peer specialists are hired and made available
to support female veterans who are treated at each medical
center.''; and
(7) by amending subsection (g), as redesignated by
paragraph (1), to read as follows:
``(g) Reports.--
``(1) Periodic reports.--
``(A) In general.--Not later than one year after the date
of the enactment of the STRONG Veterans Act of 2022, and
annually thereafter for five years, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the program,
including the expansion of the program under subsection
(d)(1).
``(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the one-year period preceding the
submission of the report, the following:
``(i) The findings and conclusions of the Secretary with
respect to the program.
``(ii) An assessment of the benefits of the program to
veterans and family members of veterans.
``(iii) An assessment of the effectiveness of peer
specialists in engaging under subsection (f) with health care
providers in the community and veterans served by such
providers.
``(iv) The name and location of each medical center where
new peer specialists were hired.
``(v) The number of new peer specialists hired at each
medical center pursuant to this section and the total number
of peer specialists within the Department hired pursuant to
this section.
``(vi) An assessment of any barriers confronting the
recruitment, training, or retention of peer specialists.
``(2) Final report.--Not later than one year after the
Secretary determines that the program is being carried out at
each medical center of the Department, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report notifying such
committees of such determination.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Veterans Affairs to
implement section 506 of the VA MISSION Act of 2018 (Public
Law 115-182; 38 U.S.C. 1701 note), as amended by subsection
(a), the following amounts:
(1) $3,600,000 for fiscal year 2022.
(2) $7,200,000 for fiscal year 2023.
(3) $10,800,000 for fiscal year 2024.
(4) $14,400,000 for fiscal year 2025.
(5) $18,000,000 for fiscal year 2026.
(6) $21,600,000 for fiscal year 2027.
(7) $25,000,000 for fiscal year 2028.
SEC. 402. EXPANSION OF VET CENTER SERVICES.
(a) Veterans and Members Using Educational Assistance
Benefits.--Section 1712A of title 38, United States Code, is
amended--
(1) by striking ``clauses (i) through (vi)'' both places it
appears and inserting ``clauses (i) through (vii)'';
(2) by striking ``in clause (vii)'' both places it appears
and inserting ``in clause (viii)'';
(3) in subsection (a)(1)(C)--
(A) by redesignating clause (vii) as clause (viii); and
(B) by inserting after clause (vi) the following new
clause:
``(vii) Any veteran or member of the Armed Forces pursuing
a course of education using covered educational assistance
benefits.''; and
(4) in subsection (h), by adding at the end the following
new paragraph:
``(6) The term `covered educational assistance benefits'
means educational assistance benefits provided pursuant to--
``(A) chapter 30, 31, 32, or 33 of this title;
``(B) chapter 1606 or 1607 of title 10;
``(C) section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48; 38
U.S.C. 3001 note); or
``(D) section 8006 of the American Rescue Plan Act of 2021
(Public Law 117-2; 38 U.S.C. 3001 note prec.).''.
(b) GAO Report.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate a
report assessing--
(1) the mental health needs of veterans pursuing a course
of education using covered educational assistance benefits
(as defined in section 1712A(h)(6) of title 38, United States
Code, as added by subsection (a)); and
(2) the efforts of the Department of Veterans Affairs to
address such mental health needs.
SEC. 403. ELIGIBILITY FOR MENTAL HEALTH SERVICES.
(a) In General.--Section 1712A(a)(1) of title 38, United
States Code, as amended by section 402, is further amended--
(1) in subparagraph (A)(ii)--
(A) in subclause (I), by striking ``and'';
(B) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(III) in the case of a veteran or member who died by
suicide, to the degree that counseling furnished to such
individual is found to aid in coping with the effects of such
suicide.'';
(2) in subparagraph (B)(i)(II)--
(A) in item (aa), by striking ``or'';
(B) in item (bb), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following;
``(cc) coping with the effects of a suicide described in
subclause (III) of such clause.''; and
(3) in subparagraph (C)(vii)--
(A) in subclause (I), by striking ``or'' at the end;
(B) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(III) veteran or member of the Armed Forces who died by
suicide.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to family members of a member or
veteran who died by suicide before, on, or after the date of
the enactment of this Act.
SEC. 404. MENTAL HEALTH CONSULTATIONS.
(a) Mental Health Consultations for Veterans Filing for
Compensation.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1167. Mental health consultations
``(a) In General.--Not later than 30 days after the date on
which a veteran submits to the Secretary a claim for
compensation under this chapter for a service-connected
disability relating to a mental health diagnosis, the
Secretary shall offer the veteran a mental health
consultation to assess the mental health needs of, and care
options for, the veteran.
``(b) Availability.--The Secretary shall--
``(1) offer a veteran a consultation under subsection (a)
without regard to any previous denial or approval of a claim
of that veteran for a service-connected disability relating
to a mental health diagnosis; and
``(2) ensure that a veteran offered a mental health
consultation under subsection (a) may elect to receive such
consultation during the one-year period beginning on the date
on which the consultation is offered or during such longer
period beginning on such date as the Secretary considers
appropriate.
``(c) Rule of Construction.--A consultation provided to a
veteran under this section shall not be construed as a
determination that any disability of such veteran is service-
connected for the purposes of any benefit under the laws
administered by the Secretary.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of such title is amended by adding at
the end the following new item:
``1167. Mental health consultations.''.
(b) Mental Health Consultations for Veterans Entering
Homeless Programs Office Programs.--
(1) In general.--Subchapter VII of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2068. Mental health consultations
``(a) In General.--Not later than two weeks after the date
on which a veteran described in subsection (b) enters into a
program administered by the Homeless Programs Office of the
Department, the Secretary shall offer the veteran a mental
health consultation to assess the health needs of, and care
options for, the veteran.
``(b) Veteran Described.--A veteran described in this
subsection is a veteran to whom a mental health consultation
is not offered or provided through the case management
services of the program of the Homeless Programs Office into
which the veteran enters.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by adding at
the end the following new item:
``2068. Mental health consultations.''.
TITLE V--RESEARCH
SEC. 501. VETERANS INTEGRATION TO ACADEMIC LEADERSHIP PROGRAM
OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report on the
Veterans Integration to Academic Leadership program of the
Department of Veterans Affairs. The report shall include the
following:
(1) The number of medical centers of the Department,
institutions of higher learning, non-college degree programs,
and student veterans supported by the program, and relevant
trends since the program began.
(2) The staff and resources allocated to the program, and
relevant trends since the program began.
(3) An assessment of the outcomes and effectiveness of the
program in--
(A) supporting student veterans;
(B) connecting student veterans to needed services of the
Department or services provided by non-Department entities;
[[Page H10358]]
(C) addressing the mental health needs of student veterans;
(D) lowering the suicide risk of student veterans; and
(E) helping student veterans achieve educational goals.
(4) An assessment of barriers to expanding the program and
how the Secretary intends to address such barriers.
(5) An assessment of whether the program should be expanded
outside of the Office of Mental Health and Suicide Prevention
to support students veterans with needs unrelated to mental
health or suicide.
(b) Uniform Best Practices, Goals, and Measures.--The
Secretary shall establish best practices, goals, and measures
for the Veterans Integration to Academic Leadership program
of the Department that are uniform among the medical centers
of the Department.
(c) Outreach.--The Secretary shall conduct outreach among
the Armed Forces, veterans service organizations,
institutions of higher learning, and non-college degree
programs with respect to the Veterans Integration to Academic
Leadership program of the Department.
(d) Assessment.--The Secretary shall assess the feasibility
and advisability of including the suicide rate for student
veterans in the National Veteran Suicide Prevention Annual
Report of the Office of Mental Health and Suicide Prevention
of the Department.
(e) Definitions.--In this section:
(1) The term ``institution of higher learning'' has the
meaning given that term in section 3452 of title 38, United
States Code.
(2) The term ``student veteran'' means the following:
(A) A veteran or member of the Armed Forces using
educational assistance under any of the following provisions
of law:
(i) Chapter 30, 31, 32, or 33 of title 38, United States
Code, or chapter 1606 or 1607 of title 10, United States
Code.
(ii) Section 116 of the Harry W. Colmery Veterans
Educational Assistance Act of 2017 (Public Law 115-48; 38
U.S.C. 3001 note).
(iii) Section 8006 of the American Rescue Plan Act of 2021
(Public Law 117-2; 38 U.S.C. 3001 note prec.).
(B) A veteran who is enrolled in an institution of higher
learning or other training program, without regard to whether
the veteran is using educational assistance specified in
subparagraph (A).
SEC. 502. IMPROVEMENT OF SLEEP DISORDER CARE FURNISHED BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Pursuant to the analysis conducted under
subsection (b), the Secretary of Veterans Affairs shall take
such action as the Secretary considers appropriate to improve
the assessment and treatment of veterans with sleep
disorders, including by conducting in-home sleep studies for
veterans.
(b) Analysis.--The Secretary shall conduct an analysis of
the ability of the Department of Veterans Affairs to treat
sleep disorders among veterans, including--
(1) assessment and treatment options for such disorders;
(2) barriers to care for such disorders, such as wait time,
travel time, and lack of staffing;
(3) the efficacy of the clinical practice guidelines of the
Department of Veterans Affairs and the Department of Defense
for such disorders; and
(4) the availability of and efficacy of the use by the
Department of Veterans Affairs of cognitive behavioral
therapy for insomnia.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on--
(1) the findings from the analysis conducted under
subsection (b); and
(2) any actions taken under subsection (a) to improve the
assessment and treatment of veterans with sleep disorders.
(d) Authorization of Appropriations for In-Home Sleep
Studies.--There is authorized to be appropriated to the
Secretary of Veterans Affairs $5,000,000 to be used to
conduct in-home sleep studies for veterans, as part of sleep
disorder assessment and treatment conducted by the Department
of Veterans Affairs.
SEC. 503. STUDY ON INPATIENT MENTAL HEALTH AND SUBSTANCE USE
CARE FROM DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall complete the conduct of a study on access of veterans
to care under the residential rehabilitation treatment
programs of the Department of Veterans Affairs to determine--
(1) if there are sufficient geographic offerings of
inpatient mental health care, especially for veterans in
rural and remote communities;
(2) if there are sufficient bed spaces at each location,
based on demand and drive time from the homes of veterans;
(3) if there are any workforce-related capacity limitations
at each location, including if beds are unable to be used
because there are not enough providers to care for additional
patients;
(4) if there are diagnosis-specific or sex-specific
barriers to accessing care under such programs; and
(5) the average wait time for a bed in such a program,
broken out by--
(A) Veterans Integrated Service Network;
(B) rural or urban area;
(C) sex; and
(D) specialty (general program, substance use disorder
program, military sexual trauma program, etc.).
(b) Recommendations for Modifications to Treatment
Programs.--Using the results from the study conducted under
subsection (a), the Secretary shall make recommendations
for--
(1) new locations for opening facilities to participate in
the residential rehabilitation treatment programs of the
Department;
(2) facilities under such programs at which new beds can be
added; and
(3) any additional specialty tracks to be added to such
programs, such as substance use disorder or military sexual
trauma, in order to meet veteran need and demand.
(c) Report.--Not later than 180 days after completion of
the study under subsection (a), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the study
conducted under subsection (a) and the recommendations made
by the Secretary under subsection (b).
SEC. 504. STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS
AFFAIRS FOR CO-OCCURRING MENTAL HEALTH AND
SUBSTANCE USE DISORDERS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall conduct a study examining--
(1) the availability of treatment programs for veterans
with co-occurring mental health and substance use disorders
(including both inpatient and outpatient care);
(2) any geographic disparities in access to such programs,
such as for rural and remote veterans; and
(3) the average wait times for care under such programs.
(b) Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the study
conducted under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include--
(A) any recommendations resulting from the study conducted
under subsection (a) with respect to improving timeliness and
quality of care and meeting treatment preferences for
veterans with co-occurring mental health and substance use
disorders; and
(B) a description of any actions taken by the Secretary to
improve care for such veterans.
SEC. 505. STUDY ON WORKLOAD OF SUICIDE PREVENTION TEAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs, acting
through the Under Secretary for Health and the Office of
Mental Health and Suicide Prevention, shall conduct a study
evaluating the workload of local suicide prevention teams of
the Department of Veterans Affairs.
(b) Elements.--The study conducted under subsection (a)
shall--
(1) identify the effects of the growth of the suicide
prevention program of the Department on the workload of
suicide prevention teams;
(2) incorporate key practices for staffing model design in
determining suicide prevention staffing needs; and
(3) determine which facilities of the Department need
increased suicide prevention coordinator staffing to meet the
needs of veterans, with an emphasis placed on facilities with
high patient volume and facilities located in States with
high rates of veteran suicide.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report--
(1) on the findings of the study conducted under subsection
(a); and
(2) indicating any changes made to the staffing of suicide
prevention teams of the Department resulting from the
determinations made under subsection (b)(3), including a list
of facilities of the Department where staffing was adjusted.
SEC. 506. EXPANSION OF SUICIDE PREVENTION AND MENTAL HEALTH
RESEARCH.
(a) Research on Moral Injury.--The Secretary of Veterans
Affairs, acting through the Office of Research and
Development of the Department of Veterans Affairs, shall
conduct suicide prevention and mental health care improvement
research on how moral injury relates to the mental health
needs of veterans who served in the Armed Forces after
September 11, 2001, and best practices for mental health
treatment for such veterans.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Veterans Affairs an
additional $10,000,000 to be used by the Center of Excellence
for Suicide Prevention of the Department and the Rocky
Mountain Mental Illness Research Education and Clinical
Center for purposes of conducting research on the factors
impacting veteran suicide and best practices for early
intervention and support.
SEC. 507. STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION
SUPPORT FOR MILITARY FAMILIES.
(a) In General.--The Secretary of Veterans Affairs, in
collaboration with the Secretary of Defense, shall conduct a
study on secondary post-traumatic stress disorder and
depression and its impact on spouses, children, and
caregivers of members of the Armed Forces.
(b) Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Secretary of Veterans
Affairs, in collaboration with the Secretary of Defense,
shall submit to Congress, veterans service organizations, and
military support organizations a report on the findings of
the study conducted under subsection (a).
(2) Definitions.--In this subsection:
[[Page H10359]]
(A) The term ``military support organization'' has the
meaning given that term by the Secretary of Defense.
(B) The term ``veterans service organization'' means an
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of
title 38, United States Code.
SEC. 508. RESEARCH ON BRAIN HEALTH.
There is authorized to be appropriated to the Department of
Veterans Affairs an additional $5,000,000 for ongoing and
future research at the Translational Research Center of the
Department of Veterans Affairs for traumatic brain injury and
stress disorders to provide better understanding of, and
improved treatment options for, veterans who served in the
Armed Forces after September 11, 2001, and who have traumatic
brain injury or post-traumatic stress disorder.
SEC. 509. STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES
FOR POST-TRAUMATIC STRESS DISORDER.
Not later than two years after the date of the enactment of
this Act, the Secretary of Veterans Affairs, acting through
the Office of Research and Development of the Department of
Veterans Affairs, shall conduct a study on--
(1) the efficacy of clinical and at-home resources, such as
mobile applications like COVID Coach, for providers,
veterans, caregivers, and family members to use for dealing
with stressors;
(2) the feasibility and advisability of developing more
such resources;
(3) strategies for improving mental health care and
outcomes for veterans with post-traumatic stress disorder;
and
(4) best practices for helping family members of veterans
deal with secondary post-traumatic stress disorder or mental
health concerns.
DIVISION W--UNLEASHING AMERICAN INNOVATORS ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Unleashing American
Innovators Act of 2022''.
SEC. 102. DEFINITIONS.
In this division:
(1) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director
of the Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(3) Patent pro bono programs.--The term ``patent pro bono
programs'' means the programs established pursuant to section
32 of the Leahy-Smith America Invents Act (35 U.S.C. 2 note).
(4) Southeast region of the united states.--The term
``southeast region of the United States'' means the area of
the United States that is comprised of the States of
Virginia, North Carolina, South Carolina, Georgia, Florida,
Tennessee, Alabama, Mississippi, Louisiana, and Arkansas.
SEC. 103. SATELLITE OFFICES.
(a) Amendments to Purpose and Required Considerations.--
Section 23 of the Leahy-Smith America Invents Act (35 U.S.C.
1 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``increase outreach activities to''; and
(ii) by inserting after ``Office'' the following: ``,
including by increasing outreach activities, including to
individual inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings''; and
(B) by striking paragraph (2) and inserting the following:
``(2) enhance patent examiner and administrative patent
judge retention, including patent examiners and
administrative patent judges from economically,
geographically, and demographically diverse backgrounds;'';
and
(2) in subsection (c)(1)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) with respect to each office established after January
1, 2023, shall consider the proximity of the office to anchor
institutions (such as hospitals primarily serving veterans
and institutions of higher education), individual inventors,
small businesses, veterans, low-income populations, students,
rural populations, and any geographic group of innovators
that the Director may determine to be underrepresented in
patent filings.''.
(b) Southeast Regional Office.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Director shall establish a
satellite office of the Office in the southeast region of the
United States.
(2) Considerations.--When selecting a site for the office
required under paragraph (1), the Director shall consider the
following:
(A) The number of patent-intensive industries located near
the site.
(B) How many research-intensive institutions, including
institutions of higher education, are located near the site.
(C) The State and local government legal and business
frameworks that support intellectual property-intensive
industries located near the site.
(c) Study on Additional Satellite Offices.--Not later than
2 years after the date of enactment of this Act, the Director
shall complete a study to determine whether additional
satellite offices of the Office are necessary to--
(1) achieve the purposes described in section 23(b) of the
Leahy-Smith America Invents Act (35 U.S.C. 1 note), as
amended by this section; and
(2) increase participation in the patent system by
individual inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings.
SEC. 104. COMMUNITY OUTREACH OFFICES.
(a) Establishment.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 5 years after the date of enactment of this Act,
the Director shall establish not fewer than 4 community
outreach offices throughout the United States.
(2) Restriction.--No community outreach office established
under paragraph (1) may be located in the same State as--
(A) the principal office of the Office; or
(B) any satellite office of the Office.
(3) Requirement for northern new england region.--
(A) In general.--The Director shall establish not less than
1 community outreach office under this subsection in the
northern New England region, which shall serve the States of
Vermont, New Hampshire, and Maine.
(B) Considerations.--In determining the location for the
office required to be established under subparagraph (A), the
Director shall give preference to a location in which--
(i) as of the date of enactment of this Act--
(I) there is located not less than 1 public institution of
higher education and not less than 1 private institution of
higher education; and
(II) there are located not more than 15 registered patent
attorneys, according to data from the Office of Enrollment
and Discipline of the Office; and
(ii) according to data from the 2012 Survey of Business
Owners conducted by the Bureau of the Census, less than 45
percent of the firms (as that term is defined for the
purposes of that Survey) are owned by women, minorities, or
veterans.
(b) Purposes.--The purposes of the community outreach
offices established under subsection (a) are to--
(1) further achieve the purposes described in section
23(b)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 1
note), as amended by this division;
(2) partner with local community organizations,
institutions of higher education, research institutions, and
businesses to create community-based programs that--
(A) provide education regarding the patent system; and
(B) promote the career benefits of innovation and
entrepreneurship; and
(3) educate prospective inventors, including individual
inventors, small businesses, veterans, low-income
populations, students, rural populations, and any geographic
group of innovators that the Director may determine to be
underrepresented in patent filings, about all public and
private resources available to potential patent applicants,
including the patent pro bono programs.
SEC. 105. UPDATES TO THE PATENT PRO BONO PROGRAMS.
(a) Study and Updates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall--
(A) complete a study of the patent pro bono programs; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
(2) Scope of the study.--The study required under paragraph
(1)(A) shall--
(A) assess--
(i) whether the patent pro bono programs, as in effect on
the date on which the study is commenced, are sufficiently
serving prospective and existing participants;
(ii) whether the patent pro bono programs are sufficiently
funded to serve prospective participants;
(iii) whether any participation requirement of the patent
pro bono programs, including any requirement to demonstrate
knowledge of the patent system, serves as a deterrent for
prospective participants;
(iv) the degree to which prospective inventors are aware of
the patent pro bono programs;
(v) what factors, if any, deter attorneys from
participating in the patent pro bono programs;
(vi) whether the patent pro bono programs would be improved
by expanding those programs to include non-attorney
advocates; and
(vii) any other issue the Director determines appropriate;
and
(B) make recommendations for such administrative and
legislative action as may be appropriate.
(b) Use of Results.--Upon completion of the study required
under subsection (a), the Director shall work with the Pro
Bono Advisory Council, the operators of the patent pro bono
programs, and intellectual property law associations across
the United States to update the patent pro bono programs in
response to the findings of the study.
(c) Expansion of Income Eligibility.--
(1) In general.--The Director shall work with and support,
including by providing financial support to, existing patent
pro bono programs and intellectual property law associations
across the United States to expand eligibility for the patent
pro bono programs to an individual living in a household, the
gross household income of which is not more than 400 percent
of the Federal poverty line.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to prevent a patent pro bono program from electing
to establish a higher eligibility level, as compared to the
level described in that paragraph.
[[Page H10360]]
SEC. 106. PRE-PROSECUTION ASSESSMENT PILOT PROGRAM.
(a) Pilot Program.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a pilot
program to assist first-time prospective patent applicants in
assessing the strengths and weaknesses of a potential patent
application submitted by such a prospective applicant.
(b) Considerations.--In developing the pilot program
required under subsection (a), the Director shall establish--
(1) a notification process to notify a prospective patent
applicant seeking an assessment described in that subsection
that any assessment so provided may not be considered an
official ruling of patentability from the Office;
(2) conditions to determine eligibility for the pilot
program, taking into consideration available resources;
(3) reasonable limitations on the amount of time to be
spent providing assistance to each individual first-time
prospective patent applicant;
(4) procedures for referring prospective patent applicants
to legal counsel, including through the patent pro bono
programs; and
(5) procedures to protect the confidentiality of the
information disclosed by prospective patent applicants.
SEC. 107. FEE REDUCTION FOR SMALL AND MICRO ENTITIES.
(a) Title 35.--Section 41(h) of title 35, United States
Code, is amended--
(1) in paragraph (1), by striking ``50 percent'' and
inserting ``60 percent''; and
(2) in paragraph (3), by striking ``75 percent'' and
inserting ``80 percent''.
(b) False Certifications.--Title 35, United States Code, is
amended--
(1) in section 41, by adding at the end the following:
``(j) Penalty for False Assertions.--In addition to any
other penalty available under law, an entity that is found to
have falsely asserted entitlement to a fee reduction under
this section shall be subject to a fine, to be determined by
the Director, the amount of which shall be not less than 3
times the amount that the entity failed to pay as a result of
the false assertion, whether the Director discovers the false
assertion before or after the date on which a patent has been
issued.''; and
(2) in section 123, by adding at the end the following:
``(f) Penalty for False Certifications.--In addition to any
other penalty available under law, an entity that is found to
have falsely made a certification under this section shall be
subject to a fine, to be determined by the Director, the
amount of which shall be not less than 3 times the amount
that the entity failed to pay as a result of the false
certification, whether the Director discovers the false
certification before or after the date on which a patent has
been issued.''.
(c) Leahy-Smith America Invents Act.--Section 10(b) of the
Leahy Smith America Invents Act (35 U.S.C. 41 note) is
amended--
(1) by striking ``50 percent'' and inserting ``60
percent''; and
(2) by striking ``75 percent'' and inserting ``80
percent''.
(d) Study on Fees.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director shall--
(A) complete a study of the fees charged by the Office; and
(B) submit the results of the study required under
subparagraph (A) to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
(2) Scope of study.--The study required under paragraph
(1)(A) shall--
(A) assess whether--
(i) fees for small and micro entities are inhibiting the
filing of patent applications by those entities;
(ii) fees for examination should approximately match the
costs of examination and what incentives are created by using
maintenance fees to cover the costs of examination; and
(iii) the results of the assessments performed under
clauses (i) and (ii) counsel in favor of changes to the fee
structure of the Office, such as--
(I) raising standard application and examination fees;
(II) reducing standard maintenance fees; and
(III) reducing the fees for small and micro entities as a
percentage of standard application fees; and
(B) make recommendations for such administrative and
legislative action as may be appropriate.
DIVISION X--EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR
DOMESTIC TRAFFICKING VICTIMS' FUND
SEC. 101. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT
FOR DOMESTIC TRAFFICKING VICTIMS' FUND.
Section 3014(a) of title 18, United States Code, is
amended, in the matter preceding paragraph (1), by striking
``December 23, 2022'' and inserting ``December 23, 2024''.
DIVISION Y--CONTRACT ACT OF 2022
SEC. 101. SHORT TITLE.
This division may be cited as the ``Continuity for
Operators with Necessary Training Required for ATC Contract
Towers Act of 2022'' or the ``CONTRACT Act of 2022''.
SEC. 102. ANNUITY SUPPLEMENT.
Section 8421a(c) of title 5, United States Code, is
amended--
(1) by striking ``as an air traffic'' and inserting the
following: ``as an--
``(1) air traffic'';
(2) in paragraph (1), as so designated, by striking the
period at the end and inserting ``; or''; and
(3) by adding at the end the following:
``(2) air traffic controller pursuant to a contract made
with the Secretary of Transportation under section 47124 of
title 49.''.
DIVISION Z--COVS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Computers for Veterans
and Students Act of 2022'' or the ``COVS Act''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Access to computers and computer technology is
indispensable for success in the 21st century. Millions of
Americans do not regularly use a computer and research shows
that substantial disparities remain in both internet use and
the quality of access, with the digital divide concentrated
among older, less educated, less affluent populations,
especially veterans, low-income students, and senior
citizens.
(2) The COVID-19 pandemic has highlighted the gap between
those with computer access and those without. Millions of
students, their families, and workers from across the economy
were unable to do schoolwork, work remotely from home, or
connect to loved ones and their communities because of the
digital divide.
(3) Any Federal program that distributes surplus,
repairable Federal computers or technology equipment would
benefit from a partnership with a nonprofit organization
whose mission is bridging the digital divide.
SEC. 103. REFURBISHMENT AND DISTRIBUTION OF SURPLUS COMPUTERS
AND TECHNOLOGY EQUIPMENT.
(a) In General.--Subchapter III of chapter 5 of title 40,
United States Code, is amended by inserting after section 549
the following:
``Sec. 549a. Donation of personal property through nonprofit
refurbishers
``(a) Authorization.--Not later than 30 days after the date
on which the Administrator provides State agencies for
surplus property an opportunity to review surplus computer or
technology equipment under section 549, the Administrator
shall, as appropriate, transfer full title to such surplus
computer or technology equipment that is determined to be
eligible under subsection (b)(1) to nonprofit computer
refurbishers for repair, distribution, and subsequent
transfer of full title of the equipment to eligible
recipients under this section.
``(b) Eligibility, Participation, and Duties.--
``(1) Eligibility.--Surplus computer or technology
equipment is eligible for transfer under this section if a
Federal agency determines that--
``(A) the surplus computer or technology equipment is
repairable; and
``(B) the surplus computer or technology equipment meets
the Guidelines for Media Sanitization issued by the National
Institute of Standards and Technology (NIST Special
Publication 800-88), or any successor thereto.
``(2) Participation.--The Administrator may establish
partnerships with nongovernmental entities, at no cost and
through cooperative agreements, to facilitate the
identification and participation of nonprofit computer
refurbishers under this section.
``(3) Duties of refurbishers.--A nonprofit computer
refurbisher that receives surplus computer or technology
equipment under this section shall--
``(A) make necessary repairs to restore the surplus
computer or technology equipment to working order;
``(B) distribute the repaired surplus computer or
technology equipment to eligible recipients at no cost,
except to the extent--
``(i) necessary to facilitate shipping and handling of such
equipment; and
``(ii) that such cost is consistent with any regulations
promulgated by the Administrator under subsection (d);
``(C) offer training programs on the use of the repaired
computers and technology equipment for the recipients of the
equipment; and
``(D) use recyclers to the maximum extent practicable in
the event that surplus computer or technology equipment
transferred under this section cannot be repaired or reused.
``(c) Reporting Requirements.--
``(1) Refurbisher reports.--A nonprofit computer
refurbisher that receives surplus computer or technology
equipment under this section shall provide the Administrator
with any information the Administrator determines to be
necessary for required reporting--
``(A) including information about the distribution of such
equipment; and
``(B) which shall not include any personal identifying
information about the recipient of such equipment apart from
whether a recipient is an educational institution, individual
with disabilities, low-income individual, student, senior in
need, or veteran for the purposes of eligibility under this
section.
``(2) Administrator reports.--Annually and consistent with
reporting requirements for transfers of Federal personal
property to non-Federal entities, the Administrator shall
submit to Congress and make publicly available a report that
includes, for the period covered by the report--
``(A) a description of the efforts of the Administrator
under this section;
``(B) a list of nongovernmental entities with which the
Administrator had a partnership described in subsection
(b)(2);
``(C) a list of nonprofit computer refurbishers that
received, made repairs to, and distributed surplus computer
and technology equipment, including disclosure of any foreign
ownership interest in a nonprofit computer refurbisher; and
``(D) a list of donated and subsequently repaired surplus
computer or technology equipment identifying--
``(i) the Federal agency that donated the surplus computer
or technology equipment;
``(ii) the State and county (or similar unit of local
government) where the recipient is located; and
[[Page H10361]]
``(iii) whether the recipient is an educational
institution, individual with disabilities, low-income
individual, student, senior in need, or veteran.
``(3) Agency reports.--Not later than 5 years after the
date of enactment of this section, and annually thereafter,
the head of each Federal agency shall make publicly available
a report on the number of pieces of repairable surplus
computer or technology equipment that were sent to recycling,
abandoned, or destroyed.
``(d) Regulations.--The Administrator shall issue
regulations that are necessary and appropriate to implement
this section, including--
``(1) allowing nonprofit computer refurbishers to assess
nominal fees (which shall not exceed fair market value) on
recipients of refurbished surplus computer or technology
equipment to facilitate shipping and handling of the surplus
computer or technology equipment;
``(2) determining, in coordination with other relevant
Federal agencies, eligibility and certification requirements
for nongovernmental entities and nonprofit computer
refurbishers to participate in the program established under
this section, including whether the participation of a
nongovernmental entity or nonprofit computer refurbisher
poses any actual or potential harm to the national security
interests of the United States;
``(3) establishing an efficient process for identifying
eligible recipients; and
``(4) determining appropriate recyclers to dispose of
surplus computer or technology equipment if it cannot be
repaired or refurbished under this section.
``(e) Judicial Review.--Nothing in this section shall be
construed to create any substantive or procedural right or
benefit enforceable by law by a party against the United
States, its agencies, its officers, or its employees.
``(f) Rule of Construction.--Nothing in this section may be
construed to supersede the requirements of the Stevenson-
Wydler Technology Innovation Act of 1980 (Public Law 96-480;
15 U.S.C. 3701 et seq.).
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Digital divide.--The term `digital divide' means the
gap between those who have an internet-connected computer and
the skills to use the computer and those who do not.
``(3) Disability.--The term `disability' has the meaning
given that term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(4) Educational institution.--The term `educational
institution' means--
``(A) any public or private child care center, preschool,
elementary school, secondary school, accredited institution
of vocational or professional education, or institution of
higher education;
``(B) in the case of an accredited institution of
vocational or professional education or an institution of
higher education composed of more than 1 school, college, or
department that is administratively a separate unit, each
such school, college, or department; and
``(C) a home school (whether treated as a home school or
private school for the purposes of applicable State law).
``(5) Eligible recipient.--The term `eligible recipient'
means an educational institution, individual with a
disability, low-income individual, student, senior in need,
or veteran that is residing or based in the United States.
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(7) Low-income individual.--The term `low-income
individual' has the meaning given that term in section 351 of
the Small Business Investment Act of 1958 (15 U.S.C. 689).
``(8) Nongovernmental entity.--The term `nongovernmental
entity' means an organization or group of organizations
that--
``(A) are not part of a Federal, State, local, Tribal, or
territorial government; and
``(B) are nonprofit computer refurbishers or other industry
participants that--
``(i) primarily work to improve access to information and
communication technology in their mission to bridge the
digital divide through coordination and oversight of computer
refurbishment and repair; and
``(ii) operate in the United States.
``(9) Nonprofit computer refurbisher.--The term `nonprofit
computer refurbisher' means a nonprofit organization that--
``(A) primarily works to improve access to information and
communication technology in their mission to bridge the
digital divide; and
``(B) operates in the United States.
``(10) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described under
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(11) Repairable.--The term `repairable' means property
that is unusable in its current state but can be economically
repaired.
``(12) Secondary school.--The term `secondary school' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(13) Senior.--The term `senior' means an individual who
is 65 years of age or older.
``(14) Senior in need.--The term `senior in need' means a
senior who experiences cultural, social, or geographical
isolation that--
``(A) restricts the ability of the senior to perform normal
daily tasks; or
``(B) threatens the capacity of the senior to live
independently.
``(15) State agency for surplus property.--The term `State
agency for surplus property' has the meaning given the term
`state agency' under section 549(a).
``(16) Student.--The term `student' means any individual
enrolled in an educational institution, but not a public or
private child care center.
``(17) Surplus computer or technology equipment.--The term
`surplus computer or technology equipment' means computer or
technology equipment that is property described under section
549(b)(2).
``(18) Technology equipment.--The term `technology
equipment' means any physical asset related to a computer or
information technology, including any peripheral component,
tablet, communication device (such as a router, server, or
cell phone), printer, scanner, uninterruptible power source,
cable, or connection.
``(19) Veteran.--The term `veteran' has the meaning given
that term in section 101 of title 38.''.
(b) Conforming Amendment.--The table of sections for
chapter 5 of title 40, United States Code, is amended by
inserting after the item relating to section 549 the
following:
``549a. Donation of personal property through nonprofit
refurbishers.''.
DIVISION AA--FINANCIAL SERVICES MATTERS
TITLE I--REGISTRATION FOR INDEX-LINKED ANNUITIES
SEC. 101. PARITY FOR REGISTERED INDEX-LINKED ANNUITIES
REGARDING REGISTRATION RULES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Investment company.--The term ``investment company''
has the meaning given the term in section 3 of the Investment
Company Act of 1940 (15 U.S.C. 80a-3).
(3) Market value adjustment.--The term ``market value
adjustment'' means, with respect to a registered index-linked
annuity, after an early withdrawal or contract
discontinuance--
(A) an adjustment to the value of that annuity based on
calculations using a predetermined formula; or
(B) a change in interest rates (or other factor, as
determined by the Commission) that apply to that annuity.
(4) Purchaser.--The term ``purchaser'' means a purchaser of
a registered index-linked annuity.
(5) Registered index-linked annuity.--The term ``registered
index-linked annuity'' means an annuity--
(A) that is deemed to be a security;
(B) that is registered with the Commission in accordance
with section 5 of the Securities Act of 1933 (15 U.S.C. 77e);
(C) that is issued by an insurance company that is subject
to the supervision of--
(i) the insurance commissioner or bank commissioner of any
State; or
(ii) any agency or officer performing like functions as a
commissioner described in clause (i);
(D) that is not issued by an investment company; and
(E) the returns of which--
(i) are based on the performance of a specified benchmark
index or rate (or a registered exchange traded fund that
seeks to track the performance of a specified benchmark index
or rate); and
(ii) may be subject to a market value adjustment if amounts
are withdrawn before the end of the period during which that
market value adjustment applies.
(6) Security.--The term ``security'' has the meaning given
the term in section 2(a) of the Securities Act of 1933 (15
U.S.C. 77b(a)).
(b) Rules.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall propose, and, not
later than 18 months after the date of enactment of this Act,
the Commission shall prepare and finalize, new or amended
rules, as appropriate, to establish a new form in accordance
with paragraph (2) on which an issuer of a registered index-
linked annuity may register that registered index-linked
annuity, subject to conditions the Commission determines
appropriate, which may include requiring the issuer to take
the steps described in section 240.12h-7(e) of title 17, Code
of Federal Regulations, or any successor regulation, with
respect to the registered index-linked annuity.
(2) Design of form.--In developing the form required to be
established under paragraph (1), the Commission shall--
(A) design the form to ensure that a purchaser using the
form receives the information necessary to make knowledgeable
decisions, taking into account--
(i) the availability of information;
(ii) the knowledge and sophistication of that class of
purchasers;
(iii) the complexity of the registered index-linked
annuity; and
(iv) any other factor the Commission determines
appropriate;
(B) engage in investor testing; and
(C) incorporate the results of the testing required under
subparagraph (B) in the design of the form, with the goal of
ensuring that key information is conveyed in terms that a
purchaser is able to understand.
(c) Treatment if Rules Not Prepared and Finalized in a
Timely Manner.--
(1) In general.--If, as of the date that is 18 months after
the date of enactment of this Act, the Commission has failed
to prepare and finalize the rules required under subsection
(b)(1), any registered index-linked annuity may be registered
on the form described in section 239.17b of title 17, Code of
Federal Regulations, or any successor regulation.
(2) Preparation.--A registration described in paragraph (1)
shall be prepared pursuant to applicable provisions of the
form described in that paragraph.
(3) Termination.--This subsection shall terminate upon the
establishment by the Commission of the form described in
subsection (b).
[[Page H10362]]
(d) Rules of Construction.--Nothing in this section may be
construed to--
(1) limit the authority of the Commission to--
(A) determine the information to be requested in the form
described in subsection (b); or
(B) extend the eligibility for the form described in
subsection (b) to a product that is similar to, but is not, a
registered index-linked annuity; or
(2) preempt any State law, regulation, rule, or order.
TITLE II--MASIH ALINEJAD HUNT ACT OF 2022
SEC. 201. SHORT TITLE.
This title may be cited as the ``Masih Alinejad Harassment
and Unlawful Targeting Act of 2022'' or the ``Masih Alinejad
HUNT Act of 2022''.
SEC. 202. FINDINGS.
Congress finds that the Government of the Islamic Republic
of Iran surveils, harasses, terrorizes, tortures, abducts,
and murders individuals who peacefully defend human rights
and freedoms in Iran, and innocent entities and individuals
considered by the Government of Iran to be enemies of that
regime, including United States citizens on United States
soil, and takes foreign nationals hostage, including in the
following instances:
(1) In 2021, Iranian intelligence agents were indicted for
plotting to kidnap United States citizen, women's rights
activist, and journalist Masih Alinejad, from her home in New
York City, in retaliation for exercising her rights under the
First Amendment to the Constitution of the United States.
Iranian agents allegedly spent at least approximately half a
million dollars to capture the outspoken critic of the
authoritarianism of the Government of Iran, and studied
evacuating her by military-style speedboats to Venezuela
before rendition to Iran.
(2) Prior to the New York kidnapping plot, Ms. Alinejad's
family in Iran was instructed by authorities to lure Ms.
Alinejad to Turkey. In an attempt to intimidate her into
silence, the Government of Iran arrested 3 of Ms. Alinejad's
family members in 2019, and sentenced her brother to 8 years
in prison for refusing to denounce her.
(3) According to Federal prosecutors, the same Iranian
intelligence network that allegedly plotted to kidnap Ms.
Alinejad is also targeting critics of the Government of Iran
who live in Canada, the United Kingdom, and the United Arab
Emirates.
(4) In 2021, an Iranian diplomat was convicted in Belgium
of attempting to carry out a 2018 bombing of a dissident
rally in France.
(5) In 2021, a Danish high court found a Norwegian citizen
of Iranian descent guilty of illegal espionage and complicity
in a failed plot to kill an Iranian Arab dissident figure in
Denmark.
(6) In 2021, the British Broadcasting Corporation (BBC)
appealed to the United Nations to protect BBC Persian
employees in London who suffer regular harassment and threats
of kidnapping by Iranian government agents.
(7) In 2021, 15 militants allegedly working on behalf of
the Government of Iran were arrested in Ethiopia for plotting
to attack citizens of Israel, the United States, and the
United Arab Emirates, according to United States officials.
(8) In 2020, Iranian agents allegedly kidnapped United
States resident and Iranian-German journalist Jamshid
Sharmahd, while he was traveling to India through Dubai.
Iranian authorities announced they had seized Mr. Sharmahd in
``a complex operation'', and paraded him blindfolded on state
television. Mr. Sharmahd is arbitrarily detained in Iran,
allegedly facing the death penalty. In 2009, Mr. Sharmahd was
the target of an alleged Iran-directed assassination plot in
Glendora, California.
(9) In 2020, the Government of Turkey released
counterterrorism files exposing how Iranian authorities
allegedly collaborated with drug gangs to kidnap Habib Chabi,
an Iranian-Swedish activist for Iran's Arab minority. In
2020, the Government of Iran allegedly lured Mr. Chabi to
Istanbul through a female agent posing as a potential lover.
Mr. Chabi was then allegedly kidnapped from Istanbul, and
smuggled into Iran where he faces execution, following a sham
trial.
(10) In 2020, a United States-Iranian citizen and an
Iranian resident of California pleaded guilty to charges of
acting as illegal agents of the Government of Iran by
surveilling Jewish student facilities, including the Hillel
Center and Rohr Chabad Center at the University of Chicago,
in addition to surveilling and collecting identifying
information about United States citizens and nationals who
are critical of the Iranian regime.
(11) In 2019, 2 Iranian intelligence officers at the
Iranian consulate in Turkey allegedly orchestrated the
assassination of Iranian dissident journalist Masoud Molavi
Vardanjani, who was shot while walking with a friend in
Istanbul. Unbeknownst to Mr. Molavi, his ``friend'' was in
fact an undercover Iranian agent and the leader of the
killing squad, according to a Turkish police report.
(12) In 2019, around 1,500 people were allegedly killed
amid a less than 2 week crackdown by security forces on anti-
government protests across Iran, including at least an
alleged 23 children and 400 women.
(13) In 2019, Iranian operatives allegedly lured Paris-
based Iranian journalist Ruhollah Zam to Iraq, where he was
abducted, and hanged in Iran for sedition.
(14) In 2019, a Kurdistan regional court convicted an
Iranian female for trying to lure Voice of America reporter
Ali Javanmardi to a hotel room in Irbil, as part of a foiled
Iranian intelligence plot to kidnap and extradite Mr.
Javanmardi, a critic of the Government of Iran.
(15) In 2019, Federal Bureau of Investigation agents
visited the rural Connecticut home of Iran-born United States
author and poet Roya Hakakian to warn her that she was the
target of an assassination plot orchestrated by the
Government of Iran.
(16) In 2019, the Government of the Netherlands accused the
Government of Iran of directing the assassination of Iranian
Arab activist Ahmad Mola Nissi, in The Hague, and the
assassination of another opposition figure, Reza Kolahi
Samadi, who was murdered near Amsterdam in 2015.
(17) In 2018, German security forces searched for 10
alleged spies who were working for Iran's al-Quds Force to
collect information on targets related to the local Jewish
community, including kindergartens.
(18) In 2017, Germany convicted a Pakistani man for working
as an Iranian agent to spy on targets including a former
German lawmaker and a French-Israeli economics professor.
(19) In 2012, an Iranian American pleaded guilty to
conspiring with members of the Iranian military to bomb a
popular Washington, DC, restaurant with the aim of
assassinating the ambassador of Saudi Arabia to the United
States.
(20) In 1996, agents of the Government of Iran allegedly
assassinated 5 Iranian dissident exiles across Turkey,
Pakistan, and Baghdad, over a 5-month period that year.
(21) In 1992, the Foreign and Commonwealth Office of the
United Kingdom expelled 2 Iranians employed at the Iranian
Embassy in London and a third Iranian on a student visa amid
allegations they were plotting to kill Indian-born British
American novelist Salman Rushdie, pursuant to the fatwa
issued by then supreme leader of Iran, Ayatollah Ruhollah
Khomeini.
(22) In 1992, 4 Iranian Kurdish dissidents were
assassinated at a restaurant in Berlin, Germany, allegedly by
Iranian agents.
(23) In 1992, singer, actor, poet, and gay Iranian
dissident Fereydoun Farrokhzad was found dead with multiple
stab wounds in his apartment in Germany. His death is
allegedly the work of Iran-directed agents.
(24) In 1980, Ali Akbar Tabatabaei, a leading critic of
Iran and then president of the Iran Freedom Foundation, was
murdered in front of his Bethesda, Maryland, home by an
assassin disguised as a postal courier. The Federal Bureau of
Investigation had identified the ``mailman'' as Dawud
Salahuddin, born David Theodore Belfield. Mr. Salahuddin was
working as a security guard at an Iranian interest office in
Washington, DC, when he claims he accepted the assignment and
payment of $5,000 from the Government of Iran to kill Mr.
Tabatabaei.
(25) Other exiled Iranian dissidents alleged to have been
victims of the Government of Iran's murderous
extraterritorial campaign include Shahriar Shafiq, Shapour
Bakhtiar, and Gholam Ali Oveissi.
(26) Iranian Americans face an ongoing campaign of
intimidation both in the virtual and physical world by agents
and affiliates of the Government of Iran, which aims to
stifle freedom of expression and eliminate the threat Iranian
authorities believe democracy, justice, and gender equality
pose to their rule.
SEC. 203. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on the
Judiciary, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(3) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through
account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to
section 104(i) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(i)).
(5) Foreign person.--The term ``foreign person'' means any
individual or entity that is not a United States person.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 204. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO
PERSONS WHO ARE RESPONSIBLE FOR OR COMPLICIT IN
ABUSES TOWARD DISSIDENTS ON BEHALF OF THE
GOVERNMENT OF IRAN.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, the Director
of National Intelligence, and the Attorney General, shall
submit to the appropriate congressional committees a report
that--
(A) includes a detailed description and assessment of--
(i) the state of human rights and the rule of law inside
Iran, including the treatment of
[[Page H10363]]
marginalized individuals and communities in Iran;
(ii) actions taken by the Government of Iran during the
year preceding submission of the report to target and silence
dissidents both inside and outside of Iran who advocate for
human rights inside Iran;
(iii) the methods used by the Government of Iran to target
and silence dissidents both inside and outside of Iran; and
(iv) the means through which the Government of Iran
finances efforts to target and silence dissidents both inside
and outside of Iran and the amount of that financing;
(B) identifies foreign persons working as part of the
Government of Iran or acting on behalf of that Government or
its proxies that are involved in harassment and surveillance
and that the Secretary of State may also, as appropriate,
determine, in consultation with the Secretary of the
Treasury, are knowingly responsible for, complicit in, or
involved in ordering, conspiring, planning, or implementing
the surveillance, harassment, kidnapping, illegal
extradition, imprisonment, torture, killing, or
assassination, on or after the date of the enactment of this
Act, of citizens of Iran (including citizens of Iran of dual
nationality) or citizens of the United States, inside or
outside Iran, who seek--
(i) to expose illegal or corrupt activity carried out by
officials of the Government of Iran; or
(ii) to obtain, exercise, defend, or promote the human
rights of individuals, including members of marginalized
communities, in Iran; and
(C) includes, for each foreign person identified under
subparagraph (B), a clear explanation for why the foreign
person was so identified.
(2) Updates of report.--The report required by paragraph
(1) shall be updated, and the updated version submitted to
the appropriate congressional committees, during the 10-year
period following the date of the enactment of this Act--
(A) not less frequently than annually; and
(B) with respect to matters relating to the identification
of foreign persons under paragraph (1)(B), on an ongoing
basis as appropriate.
(3) Form of report.--
(A) In general.--Each report required by paragraph (1) and
each update required by paragraph (2) shall be submitted in
unclassified form but may include a classified annex.
(B) Public availability.--The Secretary of State shall post
the unclassified portion of each report required by paragraph
(1) and each update required by paragraph (2) on a publicly
available internet website of the Department of State.
(b) Imposition of Sanctions.--In the case of a foreign
person identified under paragraph (1)(B) of subsection (a) in
the most recent report or update submitted under that
subsection, the President shall impose the sanctions
described in subsection (c), pursuant to this section or an
appropriate Executive authority.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
all property and interests in property of a foreign person
described in subsection (a)(1)(B) if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) Inadmissibility of certain individuals .--
(A) Ineligibility for visas and admission to the united
states.--In the case of a foreign person described in
subsection (a)(1)(B) who is an individual, the individual
is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an individual described in subparagraph (A) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the individual's possession.
SEC. 205. REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO
FOREIGN FINANCIAL INSTITUTIONS CONDUCTING
SIGNIFICANT TRANSACTIONS WITH PERSONS
RESPONSIBLE FOR OR COMPLICIT IN ABUSES TOWARD
DISSIDENTS ON BEHALF OF THE GOVERNMENT OF IRAN.
(a) Report Required.--Not earlier than 30 days and not
later than 60 days after the Secretary of State submits to
the appropriate congressional committees a report required by
section 204(a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report that identifies
any foreign financial institution that knowingly conducts a
significant transaction with a foreign person identified in
the report submitted under section 204(a) on or after the
date on which the foreign person is identified in that
report.
(b) Imposition of Sanctions.--The Secretary of the Treasury
may prohibit the opening, or prohibit or impose strict
conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by a
foreign financial institution identified under subsection
(a).
SEC. 206. EXCEPTIONS; WAIVERS; IMPLEMENTATION.
(a) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under sections 204
and 205 shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under section 204(c)(2) shall not apply
with respect to the admission of an individual to the United
States if the admission of the individual is necessary to
permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United States,
the Convention on Consular Relations, done at Vienna April
24, 1963, and entered into force March 19, 1967, or other
applicable international obligations.
(b) National Interests Waiver.--The President may waive the
application of sanctions under section 204 with respect to a
person if the President--
(1) determines that the waiver is in the national interests
of the United States; and
(2) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this title.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
section 204(c)(1) or 205(b) or any regulation, license, or
order issued to carry out either such section shall be
subject to the penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that
commits an unlawful act described in subsection (a) of that
section.
SEC. 207. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of
this title, the authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
TITLE III--TRADING PROHIBITIONS
SEC. 301. TRADING PROHIBITION FOR 2 CONSECUTIVE NON-
INSPECTION YEARS.
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended--
(1) in paragraph (2)(A)(ii), by striking ``the foreign
jurisdiction described in clause (i)'' and inserting ``a
foreign jurisdiction''; and
(2) in paragraph (3)--
(A) in the paragraph heading, by striking ``3'' and
inserting ``2''; and
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``3'' and inserting ``2''.
TITLE IV--ANTI-MONEY LAUNDERING WHISTLEBLOWER IMPROVEMENT
SEC. 401. WHISTLEBLOWER INCENTIVES AND PROTECTIONS.
(a) In General.--Section 5323 of title 31, United States
Code, as amended by section 6314 of the Anti-Money Laundering
Act of 2020 (division F of Public Law 116-283) is amended by
striking subsection (b) and inserting the following:
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the Secretary,
under regulations prescribed by the Secretary, in
consultation with the Attorney General and subject to
subsection (c), shall pay an award or awards to 1 or more
whistleblowers who voluntarily provided original information
to the employer of the individual, the Secretary, or the
Attorney General, as applicable, that led to the successful
enforcement of the covered judicial or administrative action,
or related action, in an aggregate amount equal to--
``(A) not less than 10 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions; and
``(B) not more than 30 percent, in total, of what has been
collected of the monetary sanctions imposed in the action or
related actions.
``(2) Payment of awards.--
``(A) In general.--Any amount paid under paragraph (1)
shall be paid from the Fund established under paragraph (3).
``(B) Related actions.--The Secretary may pay awards less
than the amount described in paragraph (1)(A) for related
actions in which a whistleblower may be paid by another
whistleblower award program.
``(3) Source of awards.--
``(A) In general.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the Financial Integrity Fund (referred to in this subsection
as the `Fund').
``(B) Use of fund.--The Fund shall be available to the
Secretary, without further appropriation or fiscal year
limitations, only for the payment of awards to whistleblowers
as provided in subsection (b).
``(C) Restrictions on use of fund.--The Fund shall not be
available to pay any personnel or administrative expenses.
``(4) Deposits and credits.--
``(A) In general.--There shall be deposited into or
credited to the Fund an amount equal to--
``(i) any monetary sanction collected by the Secretary or
Attorney General in any judicial or
[[Page H10364]]
administrative action under this title, chapter 35 or section
4305 or 4312 of title 50, or the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.), unless the balance
of the Fund at the time the monetary sanction is collected
exceeds $300,000,000; and
``(ii) all income from investments made under paragraph
(5).
``(B) Additional amounts.--If the amounts deposited into or
credited to the Fund under subparagraph (A) are not
sufficient to satisfy an award made under this subsection,
there shall be deposited into or credited to the Fund an
amount equal to the unsatisfied portion of the award from any
monetary sanction collected by the Secretary of the Treasury
or Attorney General in the covered judicial or administrative
action on which the award is based.
``(C) Exception.--No amounts to be deposited or transferred
into the United States Victims of State Sponsored Terrorism
Fund pursuant to the Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144) or the Crime
Victims Fund pursuant section 1402 of the Victims of Crime
Act of 1984 (34 U.S.C. 20101) shall be deposited into or
credited to the Fund.
``(5) Investments.--
``(A) Amounts in fund may be invested.--The Secretary of
the Treasury may invest the portion of the Fund that is not
required to meet the current needs of the Fund.
``(B) Eligible investments.--Investments shall be made by
the Secretary of the Treasury in obligations of the United
States or obligations that are guaranteed as to principal and
interest by the United States, with maturities suitable to
the needs of the Fund as determined by the Secretary.
``(C) Interest and proceeds credited.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to, and form a part of,
the Fund.''.
(b) Technical and Conforming Amendments.--Section 5323 of
title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraphs (1) and (5), by striking ``this
subchapter or subchapter III'' each place the term appears
and inserting ``this subchapter, chapter 35 or section 4305
or 4312 of title 50, the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.), or .), and for
conspiracies to violate the aforementioned provisions''; and
(B) in paragraph (4)--
(i) by inserting ``covered'' after ``respect to any'';
(ii) by striking ``under this subchapter or subchapter
III''; and
(iii) by striking ``action by the Secretary or the Attorney
General'' and inserting ``covered action'';
(2) in subsection (c)(1)(B)(iii)--
(A) by striking ``subchapter and subchapter III'' and
inserting ``this subchapter, chapter 35 or section 4305 or
4312 of title 50, and the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1901 et seq.)''; and
(B) by striking ``either such subchapter'' and inserting
``the covered judicial or administrative action''; and
(3) in subsection (g)(4)(D)(i), by inserting ``chapter 35
or section 4305 or 4312 of title 50, or the Foreign Narcotics
Kingpin Designation Act (21 U.S.C. 1901 et seq.),'' after
``subchapter,''.
TITLE V--SMALL BUSINESS MERGERS, ACQUISITIONS, SALES, AND BROKERAGE
SIMPLIFICATION
SEC. 501. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION
BROKERS.
(a) In General.--Section 15(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the
end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in subparagraph (B),
an M&A broker shall be exempt from registration under this
section.
``(B) Excluded activities.--An M&A broker is not exempt
from registration under this paragraph if such broker does
any of the following:
``(i) Directly or indirectly, in connection with the
transfer of ownership of an eligible privately held company,
receives, holds, transmits, or has custody of the funds or
securities to be exchanged by the parties to the transaction.
``(ii) Engages on behalf of an issuer in a public offering
of any class of securities that is registered, or is required
to be registered, with the Commission under section 12 or
with respect to which the issuer files, or is required to
file, periodic information, documents, and reports under
subsection (d).
``(iii) Engages on behalf of any party in a transaction
involving a shell company, other than a business combination
related shell company.
``(iv) Directly, or indirectly through any of its
affiliates, provides financing related to the transfer of
ownership of an eligible privately held company.
``(v) Assists any party to obtain financing from an
unaffiliated third party without--
``(I) complying with all other applicable laws in
connection with such assistance, including, if applicable,
Regulation T (12 C.F.R. 220 et seq.); and
``(II) disclosing any compensation in writing to the party.
``(vi) Represents both the buyer and the seller in the same
transaction without providing clear written disclosure as to
the parties the broker represents and obtaining written
consent from both parties to the joint representation.
``(vii) Facilitates a transaction with a group of buyers
formed with the assistance of the M&A broker to acquire the
eligible privately held company.
``(viii) Engages in a transaction involving the transfer of
ownership of an eligible privately held company to a passive
buyer or group of passive buyers.
``(ix) Binds a party to a transfer of ownership of an
eligible privately held company.
``(C) Disqualification.--An M&A broker is not exempt from
registration under this paragraph if such broker (and if and
as applicable, including any officer, director, member,
manager, partner, or employee of such broker)--
``(i) has been barred from association with a broker or
dealer by the Commission, any State, or any self-regulatory
organization; or
``(ii) is suspended from association with a broker or
dealer.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to limit any other authority of the
Commission to exempt any person, or any class of persons,
from any provision of this title, or from any provision of
any rule or regulation thereunder.
``(E) Definitions.--In this paragraph:
``(i) Business combination related shell company.--The term
`business combination related shell company' means a shell
company that is formed by an entity that is not a shell
company--
``(I) solely for the purpose of changing the corporate
domicile of that entity solely within the United States; or
``(II) solely for the purpose of completing a business
combination transaction (as defined under section 230.165(f)
of title 17, Code of Federal Regulations) among one or more
entities other than the company itself, none of which is a
shell company.
``(ii) Control.--The term `control' means the power,
directly or indirectly, to direct the management or policies
of a company, whether through ownership of securities, by
contract, or otherwise. There is a presumption of control if,
upon completion of a transaction, the buyer or group of
buyers--
``(I) has the right to vote 25 percent or more of a class
of voting securities or the power to sell or direct the sale
of 25 percent or more of a class of voting securities; or
``(II) in the case of a partnership or limited liability
company, has the right to receive upon dissolution, or has
contributed, 25 percent or more of the capital.
``(iii) Eligible privately held company.--The term
`eligible privately held company' means a privately held
company that meets both of the following conditions:
``(I) The company does not have any class of securities
registered, or required to be registered, with the Commission
under section 12 or with respect to which the company files,
or is required to file, periodic information, documents, and
reports under subsection (d).
``(II) In the fiscal year ending immediately before the
fiscal year in which the services of the M&A broker are
initially engaged with respect to the securities transaction,
the company meets either or both of the following conditions
(determined in accordance with the historical financial
accounting records of the company):
``(aa) The earnings of the company before interest, taxes,
depreciation, and amortization are less than $25,000,000.
``(bb) The gross revenues of the company are less than
$250,000,000.
For purposes of this subclause, the Commission may by rule
modify the dollar figures if the Commission determines that
such a modification is necessary or appropriate in the public
interest or for the protection of investors.
``(iv) M&A broker.--The term `M&A broker' means a broker,
and any person associated with a broker, engaged in the
business of effecting securities transactions solely in
connection with the transfer of ownership of an eligible
privately held company, regardless of whether the broker acts
on behalf of a seller or buyer, through the purchase, sale,
exchange, issuance, repurchase, or redemption of, or a
business combination involving, securities or assets of the
eligible privately held company, if the broker reasonably
believes that--
``(I) upon consummation of the transaction, any person
acquiring securities or assets of the eligible privately held
company, acting alone or in concert--
``(aa) will control the eligible privately held company or
the business conducted with the assets of the eligible
privately held company; and
``(bb) directly or indirectly, will be active in the
management of the eligible privately held company or the
business conducted with the assets of the eligible privately
held company, including without limitation, for example, by--
``(AA) electing executive officers;
``(BB) approving the annual budget;
``(CC) serving as an executive or other executive manager;
or
``(DD) carrying out such other activities as the Commission
may, by rule, determine to be in the public interest; and
``(II) if any person is offered securities in exchange for
securities or assets of the eligible privately held company,
such person will, prior to becoming legally bound to
consummate the transaction, receive or have reasonable access
to the most recent fiscal year-end financial statements of
the issuer of the securities as customarily prepared by the
management of the issuer in the normal course of operations
and, if the financial statements of the issuer are audited,
reviewed, or compiled, any related statement by the
independent accountant, a balance sheet dated not more than
120 days before the date of the offer, and information
pertaining to the management, business, results of operations
for the period covered by the foregoing financial statements,
and material loss contingencies of the issuer.
``(v) Shell company.--The term `shell company' means a
company that at the time of a transaction with an eligible
privately held company--
``(I) has no or nominal operations; and
``(II) has--
``(aa) no or nominal assets;
``(bb) assets consisting solely of cash and cash
equivalents; or
[[Page H10365]]
``(cc) assets consisting of any amount of cash and cash
equivalents and nominal other assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5 years after the
date of the enactment of this paragraph, and every 5 years
thereafter, each dollar amount in subparagraph (E)(iii)(II)
shall be adjusted by--
``(I) dividing the annual value of the Employment Cost
Index For Wages and Salaries, Private Industry Workers (or
any successor index), as published by the Bureau of Labor
Statistics, for the calendar year preceding the calendar year
in which the adjustment is being made by the annual value of
such index (or successor) for the calendar year ending
December 31, 2020; and
``(II) multiplying such dollar amount by the quotient
obtained under subclause (I).
``(ii) Rounding.--Each dollar amount determined under
clause (i) shall be rounded to the nearest multiple of
$100,000.''.
(b) Effective Date.--This section and any amendment made by
this section shall take effect on the date that is 90 days
after the date of enactment of this Act.
TITLE VI--PUBLIC AND FEDERALLY ASSISTED HOUSING FIRE SAFETY
SEC. 601. SMOKE ALARMS IN FEDERALLY ASSISTED HOUSING.
(a) Public Housing, Tenant-Based Assistance, and Project-
Based Assistance.--The United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) is amended--
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
end the following:
``(9) Qualifying smoke alarms.--
``(A) In general.--Each public housing agency shall ensure
that a qualifying smoke alarm is installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in
or near each sleeping area in any dwelling unit in public
housing owned or operated by the public housing agency,
including in basements but excepting crawl spaces and
unfinished attics, and in each common area in a project
containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable, nonreplaceable
primary batteries and is sealed, is tamper resistant, and
contains silencing means; and
``(bb) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''; and
(2) in section 8 (42 U.S.C. 1437f)--
(A) by inserting after subsection (k) the following:
``(l) Qualifying Smoke Alarms.--
``(1) In general.--Each owner of a dwelling unit receiving
project-based assistance under this section shall ensure that
qualifying smoke alarms are installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in
or near each sleeping area in such dwelling unit, including
in basements but excepting crawl spaces and unfinished
attics, and in each common area in a project containing such
a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term `qualifying
smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built before the date
of enactment of this subsection and not substantially
rehabilitated after the date of enactment of this
subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper resistant; and
``(CC) contains silencing means; and
``(II) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(ii) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''; and
(B) in subsection (o), by adding at the end the following:
``(22) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit receiving tenant-
based assistance or project-based assistance under this
subsection shall have a qualifying smoke alarm installed in
accordance with applicable codes and standards published by
the International Code Council or the National Fire
Protection Association and the requirements of the National
Fire Protection Association Standard 72, or any successor
standard, in each level and in or near each sleeping area in
such dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common area
in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable, nonreplaceable
primary batteries and is sealed, is tamper resistant, and
contains silencing means; and
``(bb) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''.
(b) Supportive Housing for the Elderly.--Section 202(j) of
the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by
adding at the end the following:
``(10) Qualifying smoke alarms.--
``(A) In general.--Each owner of a dwelling unit assisted
under this section shall ensure that qualifying smoke alarms
are installed in accordance with the requirements of
applicable codes and standards and the National Fire
Protection Association Standard 72, or any successor
standard, in each level and in or near each sleeping area in
such dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common area
in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable, nonreplaceable
primary batteries and is sealed, is tamper resistant, and
contains silencing means; and
``(bb) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''.
(c) Supportive Housing for Persons With Disabilities.--
Section 811(j) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(j)) is amended by adding at the
end the following:
``(8) Qualifying smoke alarms.--
``(A) In general.--Each dwelling unit assisted under this
section shall contain qualifying smoke alarms that are
installed in accordance with applicable codes and standards
published by the International Code Council or the National
Fire Protection Association and the requirements of the
National Fire Protection Association Standard 72, or any
successor standard, in each level and in or near each
sleeping area in such dwelling unit, including in basements
but excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable, nonreplaceable
primary batteries and is sealed, is tamper resistant, and
contains silencing means; and
``(bb) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''.
(d) Housing Opportunities for Persons With AIDS.--Section
856 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12905) is amended by adding at the end the
following new subsection:
``(j) Qualifying Smoke Alarms.--
``(1) In general.--Each dwelling unit assisted under this
subtitle shall contain qualifying smoke alarms that are
installed in accordance with applicable codes and standards
published
[[Page H10366]]
by the International Code Council or the National Fire
Protection Association and the requirements of the National
Fire Protection Association Standard 72, or any successor
standard, in each level and in or near each sleeping area in
such dwelling unit, including in basements but excepting
crawl spaces and unfinished attics, and in each common area
in a project containing such a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term `qualifying
smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built before the date
of enactment of this subsection and not substantially
rehabilitated after the date of enactment of this
subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper resistant; and
``(CC) contains silencing means; and
``(II) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(ii) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this subsection, is hardwired.''.
(e) Rural Housing.--Title V of the Housing Act of 1949 (42
U.S.C. 1471 et seq.) is amended--
(1) in section 514 (42 U.S.C. 1484), by adding at the end
the following:
``(k) Qualifying Smoke Alarms.--
``(1) In general.--Housing and related facilities
constructed with loans under this section shall contain
qualifying smoke alarms that are installed in accordance with
applicable codes and standards published by the International
Code Council or the National Fire Protection Association and
the requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in
or near each sleeping area in such dwelling unit, including
in basements but excepting crawl spaces and unfinished
attics, and in each common area in a project containing such
a dwelling unit.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(B) Qualifying smoke alarm defined.--The term `qualifying
smoke alarm' means a smoke alarm that--
``(i) in the case of a dwelling unit built before the date
of enactment of this subsection and not substantially
rehabilitated after the date of enactment of this
subsection--
``(I)(aa) is hardwired; or
``(bb) uses 10-year non rechargeable, nonreplaceable
primary batteries and--
``(AA) is sealed;
``(BB) is tamper resistant; and
``(CC) contains silencing means; and
``(II) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(ii) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this subsection, is hardwired.''; and
(2) in section 515(m) (42 U.S.C. 1485(m)), by adding at the
end the following:
``(3) Qualifying Smoke Alarms.--
``(A) In general.--Housing and related facilities
rehabilitated or repaired with amounts received under a loan
made or insured under this section shall contain qualifying
smoke alarms that are installed in accordance with applicable
codes and standards published by the International Code
Council or the National Fire Protection Association and the
requirements of the National Fire Protection Association
Standard 72, or any successor standard, in each level and in
or near each sleeping area in such dwelling unit, including
in basements but excepting crawl spaces and unfinished
attics, and in each common area in a project containing such
a dwelling unit.
``(B) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(i) Smoke alarm defined.--The term `smoke alarm' has the
meaning given the term `smoke detector' in section 29(d) of
the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2225(d)).
``(ii) Qualifying smoke alarm defined.--The term
`qualifying smoke alarm' means a smoke alarm that--
``(I) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(aa)(AA) is hardwired; or
``(BB) uses 10-year non rechargeable, nonreplaceable
primary batteries and is sealed, is tamper resistant, and
contains silencing means; and
``(bb) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(II) in the case of a dwelling unit built or
substantially rehabilitated after the date of enactment of
this paragraph, is hardwired.''.
(f) Farm Labor Housing Direct Loans & Grants.--Section 516
of the Housing Act of 1949 (42 U.S.C. 1486) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) that such housing shall contain qualifying smoke
alarms that are installed in accordance with applicable codes
and standards published by the International Code Council or
the National Fire Protection Association and the requirements
of the National Fire Protection Association Standard 72, or
any successor standard, in each level and in or near each
sleeping area in such dwelling unit, including in basements
but excepting crawl spaces and unfinished attics, and in each
common area in a project containing such a dwelling unit.'';
and
(2) in subsection (g)--
(A) in paragraph (3) by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) the term `smoke alarm' has the meaning given the term
`smoke detector' in section 29(d) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2225(d)); and
``(6) the term `qualifying smoke alarm' means a smoke alarm
that--
``(A) in the case of a dwelling unit built before the date
of enactment of this paragraph and not substantially
rehabilitated after the date of enactment of this paragraph--
``(i)(I) is hardwired; or
``(II) uses 10-year non rechargeable, nonreplaceable
primary batteries and--
``(aa) is sealed;
``(bb) is tamper resistant; and
``(cc) contains silencing means; and
``(ii) provides notification for persons with hearing loss
as required by the National Fire Protection Association
Standard 72, or any successor standard; or
``(B) in the case of a dwelling unit built or substantially
rehabilitated after the date of enactment of this paragraph,
is hardwired.''.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the amendments made by this
section such sums as are necessary for each of fiscal years
2023 through 2027.
(h) Effective Date.--The amendments made by subsections (a)
through (f) shall take effect on the date that is 2 years
after the date of enactment of this Act.
(i) No Preemption.--Nothing in the amendments made by this
section shall be construed to preempt or limit the
applicability of any State or local law relating to the
installation and maintenance of smoke alarms in housing that
requires standards that are more stringent than the standards
described in the amendments made by this section.
TITLE VII--BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL
SEC. 701. SHORT TITLE.
This title may be cited as the ``Benjamin Berell Ferencz
Congressional Gold Medal Act''.
SEC. 702. FINDINGS.
Congress finds the following:
(1) Benjamin ``Ben'' Berell Ferencz was born on March 11,
1920, in Transylvania, now modern-day Hungary.
(2) In 1920, Ben and his family fled anti-Semitic
persecution and emigrated to the United States. Ben grew up
in New York City, and, in 1940, was awarded a scholarship to
Harvard Law School where he graduated with honors.
(3) After the onset of World War II, Ben enlisted in the
United States Army in 1943, and joined an anti-aircraft
artillery battalion preparing for the invasion of France. As
an enlisted man under General Patton, he fought in most of
the major campaigns in Europe.
(4) As Nazi atrocities were uncovered, Ben was transferred
to a newly created War Crimes Branch of the Army to gather
evidence of war crimes that could be used in a court of law
to prosecute persons responsible for these crimes. Ben
documented the horrors perpetrated by Nazi Germany, visiting
concentration camps as they were liberated.
(5) At the end of 1945, Ben was honorably discharged from
the United States Army with the rank of Sergeant of Infantry.
He had been awarded five battle stars.
(6) In 1946, the United States Government recruited Ben to
join the team working on the Nuremberg tribunals, a novel
independent court established to try top-ranking Nazi
officials for crimes perpetrated during the course of the
war, including those crimes we now call the Holocaust. Mr.
Ferencz was sent to Berlin to oversee a team of 50
researchers investigating official Nazi records, which
provided overwhelming evidence to implicate German doctors,
lawyers, judges, generals, industrialists, and others in
genocide.
(7) By 1948, at age 27, Ben had secured enough evidence to
prosecute 22 SS members of Nazi killing squads charged for
the murder of over 1,000,0000 Jewish, Roma, Soviet, and other
men, women, and children in shooting massacres in occupied
Soviet territory. He was appointed chief prosecutor in the
Einsatzgruppen Trial, in what the Associated Press called
``the biggest murder trial in history''. The court found 20
Nazi officials guilty of war crimes, crimes against humanity,
and membership in a criminal organization for their roles in
the murder of over a million people. An additional two
defendants were found guilty for membership in a criminal
organization.
(8) After the Nuremberg trials ended, Ben fought for
compensation for victims and survivors of the Holocaust, the
return of stolen assets, and other forms of restitution for
those who had suffered at the hands of the Nazis.
(9) Since the 1970s, Ben has worked tirelessly to promote
development of international mechanisms to outlaw and punish
aggressive war and the crimes of genocide, crimes against
humanity and war crimes. His efforts contributed to the
[[Page H10367]]
establishment of the International Criminal Court and to the
recognition of aggression as an international crime.
(10) Ben is a tireless advocate for international criminal
justice and the conviction that the rule of law offers the
world a sustainable path to stem conflict and reach peaceful
conclusions to geopolitical disputes. His unwavering goal has
been ``to establish a legal precedent that would encourage a
more humane and secure world in the future''.
(11) Ben, at age 102, is still active, giving speeches
throughout the world about lessons learned during his
extraordinary career. He is compelled by the imperative to
``replace the rule of force with the rule of law'', promoting
judicial mechanisms that can resolve conflict. He often tells
young people to ``never give up'' because the fight for peace
and justice is worth the long struggle ahead.
SEC. 703. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate
shall make appropriate arrangements for the presentation, on
behalf of the Congress, of a gold medal of appropriate design
to Benjamin Berell Ferencz, in recognition of his service to
the United States and international community during the
post-World War II Nuremberg trials and lifelong advocacy for
international criminal justice and rule of law.
(b) Design and Striking.--For purposes of the presentation
referred to in subsection (a), the Secretary of the Treasury
(referred to in this title as the ``Secretary'') shall strike
a gold medal with suitable emblems, devices, and
inscriptions, to be determined by the Secretary. The design
shall bear an image of, and inscription of the name of,
Benjamin Berell Ferencz.
(c) Disposition of Medal.--Following the award of the gold
medal under subsection (a), the gold medal shall be given to
Benjamin Berell Ferencz or, if unavailable, to his son,
Donald Ferencz.
SEC. 704. DUPLICATE MEDALS.
(a) In General.--The Secretary may strike and sell
duplicates in bronze of the gold medal struck pursuant to
section 703, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and
overhead expenses.
(b) United States Holocaust Memorial Museum.--
(1) In general.--The Secretary shall provide a duplicate
bronze medal described under subsection (a) to the United
States Holocaust Memorial Museum.
(2) Sense of congress.--It is the sense of Congress that
the United States Holocaust Memorial Museum should make the
duplicate medal received under this subsection available for
display to the public whenever the United States Holocaust
Memorial Museum determines that such display is timely,
feasible, and practical.
SEC. 705. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this
title are national medals for purposes of chapter 51 of title
31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of
title 31, United States Code, all medals struck under this
title shall be considered to be numismatic items.
SEC. 706. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There is authorized to
be charged against the United States Mint Public Enterprise
Fund such amounts as may be necessary to pay for the costs of
the medals struck under this title.
(b) Proceeds of Sale.--Amounts received from the sale of
duplicate bronze medals authorized under section 704 shall be
deposited into the United States Mint Public Enterprise Fund.
TITLE VIII--CONGRESSIONAL OVERSIGHT COMMISSION
SEC. 801. TERMINATION OF CONGRESSIONAL OVERSIGHT COMMISSION.
Section 4020(f) of the CARES Act (15 U.S.C. 9055(f)) is
amended by striking ``September 30, 2025'' and inserting
``June 30, 2023''.
TITLE IX--FLOOD INSURANCE
SEC. 901. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE
PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by
striking ``September 30, 2022'' and inserting ``September 30,
2023''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
(c) Retroactive Effective Date.--The amendments made by
subsections (a) and (b) shall take effect as if enacted on
September 30, 2022.
DIVISION BB--CONSUMER PROTECTION AND COMMERCE
TITLE I--MANUFACTURING.GOV
SEC. 101. MANUFACTURING.GOV HUB.
(a) Definition.--In this section, the term ``Secretary''
means the Secretary of Commerce.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with
the Chief Information Officer of the Department of Commerce,
shall modify the manufacturing.gov website by establishing a
section of the website to be known as the ``manufacturing.gov
hub''.
(c) Functions.--The manufacturing.gov hub established under
subsection (b) shall--
(1) serve as the primary hub for information relating to
every Federal manufacturing program, including the programs
identified in the report of the Government Accountability
Office entitled ``U.S. Manufacturing'' (GAO 17-240),
published on March 28, 2017;
(2) provide the contact information of relevant program
offices carrying out the Federal manufacturing programs
described in paragraph (1);
(3) provide an avenue for public input and feedback
relating to--
(A) the functionality of the website of the Department of
Commerce;
(B) the Federal manufacturing programs described in
paragraph (1); and
(C) any other manufacturing-related challenges experienced
by manufacturers in the United States;
(4) establish web pages within the hub that shall focus
on--
(A) technology and research and development;
(B) trade;
(C) workforce development and training;
(D) industrial commons and supply chains; and
(E) small and medium manufacturers; and
(5) use machine learning to--
(A) identify frequently asked questions; and
(B) disseminate to the public answers to the questions
identified under subparagraph (A).
(d) No Additional Funds.--No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
TITLE II--STURDY
SEC. 201. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST
TIP-OVER OF CLOTHING STORAGE UNITS.
(a) Clothing Storage Unit Defined.--In this section, the
term ``clothing storage unit'' means any free-standing
furniture item manufactured in the United States or imported
for use in the United States that is intended for the storage
of clothing, typical of bedroom furniture.
(b) CPSC Determination of Scope.--The Consumer Product
Safety Commission shall specify the types of furniture items
within the scope of subsection (a) as part of a standard
promulgated under this section based on tip-over data as
reasonably necessary to protect children up to 72 months of
age from injury or death.
(c) Consumer Product Safety Standard Required.--
(1) In general.--Except as provided in subsection (f )(1),
not later than 1 year after the date of the enactment of this
Act, the Consumer Product Safety Commission shall--
(A) in consultation with representatives of consumer
groups, clothing storage unit manufacturers, craft or
handmade furniture manufacturers, and independent child
product engineers and experts, examine and assess the
effectiveness of any voluntary consumer product safety
standards for clothing storage units; and
(B) in accordance with section 553 of title 5, United
States Code, and paragraph (2), promulgate a final consumer
product safety standard for clothing storage units to protect
children from tip-over-related death or injury, that shall
take effect 180 days after the date of promulgation or such a
later date as the Commission determines appropriate.
(2) Requirements.--The standard promulgated under paragraph
(1) shall protect children from tip-over-related death or
injury with--
(A) tests that simulate the weight of children up to 60
pounds;
(B) objective, repeatable, reproducible, and measurable
tests or series of tests that simulate real-world use and
account for impacts on clothing storage unit stability that
may result from placement on carpeted surfaces, drawers with
items in them, multiple open drawers, and dynamic force;
(C) testing of all clothing storage units, including those
27 inches and above in height; and
(D) warning requirements based on ASTM F2057-19, or its
successor at the time of enactment, provided that the
Consumer Product Safety Commission may strengthen the warning
requirements of ASTM F2057-19, or its successor, if
reasonably necessary to protect children from tip-over-
related death or injury.
(3) Testing clarification.--Tests referred to in paragraph
(2)(B) shall allow for the utilization of safety features
(excluding tip restraints) to work as intended if the
features cannot be overridden by consumers in normal use.
(4) Treatment of standard.--A consumer product safety
standard promulgated under paragraph (1) shall be treated as
a consumer product safety rule promulgated under section 9 of
the Consumer Product Safety Act (15 U.S.C. 2058).
(d) Adoption of Voluntary Standard.--
(1) In general.--If a voluntary standard exists that meets
the requirements of paragraph (2), the Commission shall, not
later than 90 days after the date on which such determination
is made and in accordance with section 553 of title 5, United
States Code, promulgate a final consumer product safety
standard that adopts the applicable performance requirements
of such voluntary standard related to protecting children
from tip-over-related death or injury. A consumer product
safety standard promulgated under this subsection shall be
treated as a consumer product safety rule promulgated under
section 9 of the Consumer Product Safety Act (15 U.S.C.
2058). Such standard shall take effect 120 days after the
date of the promulgation of the rule, or such a later date as
the Commission determines appropriate. Such standard will
supersede any other existing standard for clothing storage
units to protect children from tip-over-related death or
injury.
(2) Requirements.--The requirements of this paragraph with
respect to a voluntary standard for clothing storage units
are that such standard--
(A) protects children up to 72 months of age from tip-over-
related death or injury;
(B) meets the requirements described in subsection (c)(2);
[[Page H10368]]
(C) is, or will be, published not later than 60 days after
the date of enactment of this Act; and
(D) is developed by ASTM International or such other
standard development organization that the Commission
determines is in compliance with the intent of this section.
(3) Notice required to be published in the federal
register.--The Commission shall publish a notice in the
Federal Register upon beginning the promulgation of a rule
under this subsection.
(e) Revision of Voluntary Standard.--
(1) Notice to commission.--If the performance requirements
of a voluntary standard adopted under subsection (d) are
subsequently revised, the organization that revised the
performance requirements of such standard shall notify the
Commission of such revision after final approval.
(2) Treatment of revision.--Not later than 90 days after
the date on which the Commission is notified of revised
performance requirements of a voluntary standard described in
paragraph (1) (or such later date as the Commission
determines appropriate), the Commission shall determine
whether the revised performance requirements meet the
requirements of subsection (d)(2)(B), and if so, modify, in
accordance with section 553 of title 5, United States Code,
the standard promulgated under subsection (d) to include the
revised performance requirements that the Commission
determines meet such requirements. The modified standard
shall take effect after 180 days or such later date as the
Commission deems appropriate.
(f) Subsequent Rulemaking.--
(1) In general.--Beginning 5 years after the date of
enactment of this Act, subsequent to the publication of a
consumer product safety standard under this section, the
Commission may, at any time, initiate rulemaking, in
accordance with section 553 of title 5, United States Code,
to modify the requirements of such standard or to include
additional provisions if the Commission makes a determination
that such modifications or additions are reasonably necessary
to protect children from tip-over-related death or injury.
(2) Petition for revision of rule.--
(A) In general.--If the Commission receives a petition for
a new or revised test that permits incorporated safety
features (excluding tip restraints) to work as intended, if
the features cannot be overridden by consumers in normal use
and provide an equivalent or greater level of safety as the
tests developed under subsection (c)(2) or the performance
requirements described in subsection (d)(2)(B), as
applicable, the Commission shall determine within 120 days--
(i) whether the petition meets the requirements for
petitions set forth in section 1051.5 of title 16, Code of
Federal Regulations, or any successor regulation implementing
section 9(i) of the Consumer Product Safety Act (15 U.S.C.
2058(i)); and
(ii) whether the petition demonstrates that the test could
reasonably meet the requirements of subsection (c)(2)(B), and
if so, the Commission shall determine by recorded vote,
within 60 days after the determination, whether to initiate
rulemaking, in accordance with section 553 of title 5, United
States Code, to revise a consumer product safety standard
promulgated under this section to include the new or revised
test.
(B) Demonstration of compliance.--Compliance with the
testing requirements of a standard revised under subparagraph
(A) may be demonstrated either through the performance of a
new or revised test under subparagraph (A) or the performance
of the tests otherwise required under a standard promulgated
under this section.
(3) Treatment of rules.--Any rule promulgated under this
subsection, including any modification or revision made under
this subsection, shall be treated as a consumer product
safety rule promulgated under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
TITLE III--INFORM CONSUMERS
SEC. 301. COLLECTION, VERIFICATION, AND DISCLOSURE OF
INFORMATION BY ONLINE MARKETPLACES TO INFORM
CONSUMERS.
(a) Collection and Verification of Information.--
(1) Collection.--
(A) In general.--An online marketplace shall require any
high-volume third party seller on such online marketplace's
platform to provide, not later than 10 days after qualifying
as a high-volume third party seller on the platform, the
following information to the online marketplace:
(i) Bank account.--
(I) In general.--A bank account number, or, if such seller
does not have a bank account, the name of the payee for
payments issued by the online marketplace to such seller.
(II) Provision of information.--The bank account or payee
information required under subclause (I) may be provided by
the seller in the following ways:
(aa) To the online marketplace.
(bb) To a payment processor or other third party contracted
by the online marketplace to maintain such information,
provided that the online marketplace ensures that it can
obtain such information within 3 business days from such
payment processor or other third party.
(ii) Contact information.--Contact information for such
seller as follows:
(I) With respect to a high-volume third party seller that
is an individual, the individual's name.
(II) With respect to a high-volume third party seller that
is not an individual, one of the following forms of contact
information:
(aa) A copy of a valid government-issued identification for
an individual acting on behalf of such seller that includes
the individual's name.
(bb) A copy of a valid government-issued record or tax
document that includes the business name and physical address
of such seller.
(iii) Tax id.--A business tax identification number, or, if
such seller does not have a business tax identification
number, a taxpayer identification number.
(iv) Working email and phone number.--A current working
email address and phone number for such seller.
(B) Notification of change; annual certification.--An
online marketplace shall--
(i) periodically, but not less than annually, notify any
high-volume third party seller on such online marketplace's
platform of the requirement to keep any information collected
under subparagraph (A) current; and
(ii) require any high-volume third party seller on such
online marketplace's platform to, not later than 10 days
after receiving the notice under clause (i), electronically
certify that--
(I) the seller has provided any changes to such information
to the online marketplace, if any such changes have occurred;
or
(II) there have been no changes to such seller's
information.
(C) Suspension.--In the event that a high-volume third
party seller does not provide the information or
certification required under this paragraph, the online
marketplace shall, after providing the seller with written or
electronic notice and an opportunity to provide such
information or certification not later than 10 days after the
issuance of such notice, suspend any future sales activity of
such seller until such seller provides such information or
certification.
(2) Verification.--
(A) In general.--An online marketplace shall--
(i) verify the information collected under paragraph (1)(A)
not later than 10 days after such collection; and
(ii) verify any change to such information not later than
10 days after being notified of such change by a high-volume
third party seller under paragraph (1)(B).
(B) Presumption of verification.--In the case of a high-
volume third party seller that provides a copy of a valid
government-issued tax document, any information contained in
such document shall be presumed to be verified as of the date
of issuance of such document.
(3) Data use limitation.--Data collected solely to comply
with the requirements of this section may not be used for any
other purpose unless required by law.
(4) Data security requirement.--An online marketplace shall
implement and maintain reasonable security procedures and
practices, including administrative, physical, and technical
safeguards, appropriate to the nature of the data and the
purposes for which the data will be used, to protect the data
collected to comply with the requirements of this section
from unauthorized use, disclosure, access, destruction, or
modification.
(b) Disclosure Required.--
(1) Requirement.--
(A) In general.--An online marketplace shall--
(i) require any high-volume third party seller with an
aggregate total of $20,000 or more in annual gross revenues
on such online marketplace, and that uses such online
marketplace's platform, to provide the information described
in subparagraph (B) to the online marketplace; and
(ii) disclose the information described in subparagraph (B)
to consumers in a clear and conspicuous manner--
(I) on the product listing page (including via hyperlink);
or
(II) in the order confirmation message or other document or
communication made to the consumer after the purchase is
finalized and in the consumer's account transaction history.
(B) Information described.--The information described in
this subparagraph is the following:
(i) Subject to paragraph (2), the identity of the high-
volume third party seller, including--
(I) the full name of the seller, which may include the
seller name or seller's company name, or the name by which
the seller or company operates on the online marketplace;
(II) the physical address of the seller; and
(III) contact information for the seller, to allow for the
direct, unhindered communication with high-volume third party
sellers by users of the online marketplace, including--
(aa) a current working phone number;
(bb) a current working email address; or
(cc) other means of direct electronic messaging (which may
be provided to such seller by the online marketplace),
provided that the requirements of this item shall not prevent
an online marketplace from monitoring communications between
high-volume third party sellers and users of the online
marketplace for fraud, abuse, or spam.
(ii) Whether the high-volume third party seller used a
different seller to supply the consumer product to the
consumer upon purchase, and, upon the request of an
authenticated purchaser, the information described in clause
(i) relating to any such seller that supplied the consumer
product to the purchaser, if such seller is different than
the high-volume third party seller listed on the product
listing prior to purchase.
(2) Exception.--
(A) In general.--Subject to subparagraph (B), upon the
request of a high-volume third party seller, an online
marketplace may provide for partial disclosure of the
identity information required under paragraph (1)(B)(i) in
the following situations:
(i) If such seller certifies to the online marketplace that
the seller does not have a business address and only has a
residential street address, or has a combined business and
residential address, the online marketplace may--
(I) disclose only the country and, if applicable, the State
in which such seller resides; and
(II) inform consumers that there is no business address
available for the seller and that consumer inquiries should
be submitted to the seller
[[Page H10369]]
by phone, email, or other means of electronic messaging
provided to such seller by the online marketplace.
(ii) If such seller certifies to the online marketplace
that the seller is a business that has a physical address for
product returns, the online marketplace may disclose the
seller's physical address for product returns.
(iii) If such seller certifies to the online marketplace
that the seller does not have a phone number other than a
personal phone number, the online marketplace shall inform
consumers that there is no phone number available for the
seller and that consumer inquiries should be submitted to the
seller's email address or other means of electronic messaging
provided to such seller by the online marketplace.
(B) Limitation on exception.--If an online marketplace
becomes aware that a high-volume third party seller has made
a false representation to the online marketplace in order to
justify the provision of a partial disclosure under
subparagraph (A) or that a high-volume third party seller who
has requested and received a provision for a partial
disclosure under subparagraph (A) has not provided responsive
answers within a reasonable time frame to consumer inquiries
submitted to the seller by phone, email, or other means of
electronic messaging provided to such seller by the online
marketplace, the online marketplace shall, after providing
the seller with written or electronic notice and an
opportunity to respond not later than 10 days after the
issuance of such notice, suspend any future sales activity of
such seller unless such seller consents to the disclosure of
the identity information required under paragraph (1)(B)(i).
(3) Reporting mechanism.--An online marketplace shall
disclose to consumers in a clear and conspicuous manner on
the product listing of any high-volume third party seller a
reporting mechanism that allows for electronic and telephonic
reporting of suspicious marketplace activity to the online
marketplace.
(4) Compliance.--If a high-volume third party seller does
not comply with the requirements to provide and disclose
information under this subsection, the online marketplace
shall, after providing the seller with written or electronic
notice and an opportunity to provide or disclose such
information not later than 10 days after the issuance of such
notice, suspend any future sales activity of such seller
until the seller complies with such requirements.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
subsection (a) or (b) by an online marketplace shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce subsections
(a) and (b) in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
(B) Privileges and immunities.--Any person that violates
subsection (a) or (b) shall be subject to the penalties, and
entitled to the privileges and immunities, provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Regulations.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, with
respect to the collection, verification, or disclosure of
information under this section, provided that such
regulations are limited to what is necessary to collect,
verify, and disclose such information.
(4) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(d) Enforcement by State Attorneys General.--
(1) In general.--If the attorney general of a State has
reason to believe that any online marketplace has violated or
is violating this section or a regulation promulgated under
this section that affects one or more residents of that
State, the attorney general of the State may bring a civil
action in any appropriate district court of the United
States, to--
(A) enjoin further such violation by the defendant;
(B) enforce compliance with this section or such
regulation;
(C) obtain civil penalties in the amount provided for under
subsection (c);
(D) obtain other remedies permitted under State law; and
(E) obtain damages, restitution, or other compensation on
behalf of residents of the State.
(2) Notice.--The attorney general of a State shall provide
prior written notice of any action under paragraph (1) to the
Commission and provide the Commission with a copy of the
complaint in the action, except in any case in which such
prior notice is not feasible, in which case the attorney
general shall serve such notice immediately upon instituting
such action.
(3) Intervention by the commission.--Upon receiving notice
under paragraph (2), the Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters arising
therein; and
(C) to file petitions for appeal.
(4) Limitation on state action while federal action is
pending.--If the Commission has instituted a civil action for
violation of this section or a regulation promulgated under
this section, no State attorney general, or official or
agency of a State, may bring a separate action under
paragraph (1) during the pendency of that action against any
defendant named in the complaint of the Commission for any
violation of this section or a regulation promulgated under
this section that is alleged in the complaint. A State
attorney general, or official or agency of a State, may join
a civil action for a violation of this section or regulation
promulgated under this section filed by the Commission.
(5) Rule of construction.--For purposes of bringing a civil
action under paragraph (1), nothing in this section shall be
construed to prevent the chief law enforcement officer, or
official or agency of a State, from exercising the powers
conferred on such chief law enforcement officer, or official
or agency of a State, by the laws of the State to conduct
investigations, administer oaths or affirmations, or compel
the attendance of witnesses or the production of documentary
and other evidence.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions brought by
attorneys general under paragraph (1), any other officer of a
State who is authorized by the State to do so, except for any
private person on behalf of the State attorney general, may
bring a civil action under paragraph (1), subject to the same
requirements and limitations that apply under this subsection
to civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the
State for a violation of any civil or criminal law of the
State.
(e) Severability.--If any provision of this section, or the
application thereof to any person or circumstance, is held
invalid, the remainder of this section and the application of
such provision to other persons not similarly situated or to
other circumstances shall not be affected by the
invalidation.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consumer product.--The term ``consumer product'' has
the meaning given such term in section 101 of the Magnuson-
Moss Warranty--Federal Trade Commission Improvement Act (15
U.S.C. 2301) and section 700.1 of title 16, Code of Federal
Regulations.
(3) High-volume third party seller.--
(A) In general.--The term ``high-volume third party
seller'' means a participant on an online marketplace's
platform who is a third party seller and, in any continuous
12-month period during the previous 24 months, has entered
into 200 or more discrete sales or transactions of new or
unused consumer products and an aggregate total of $5,000 or
more in gross revenues.
(B) Clarification.--For purposes of calculating the number
of discrete sales or transactions or the aggregate gross
revenues under subparagraph (A), an online marketplace shall
only be required to count sales or transactions made through
the online marketplace and for which payment was processed by
the online marketplace, either directly or through its
payment processor.
(4) Online marketplace.--The term ``online marketplace''
means any person or entity that operates a consumer-directed
electronically based or accessed platform that--
(A) includes features that allow for, facilitate, or enable
third party sellers to engage in the sale, purchase, payment,
storage, shipping, or delivery of a consumer product in the
United States;
(B) is used by one or more third party sellers for such
purposes; and
(C) has a contractual or similar relationship with
consumers governing their use of the platform to purchase
consumer products.
(5) Seller.--The term ``seller'' means a person who sells,
offers to sell, or contracts to sell a consumer product
through an online marketplace's platform.
(6) Third party seller.--
(A) In general.--The term ``third party seller'' means any
seller, independent of an online marketplace, who sells,
offers to sell, or contracts to sell a consumer product in
the United States through such online marketplace's platform.
(B) Exclusions.--The term ``third party seller'' does not
include, with respect to an online marketplace--
(i) a seller who operates the online marketplace's
platform; or
(ii) a business entity that has--
(I) made available to the general public the entity's name,
business address, and working contact information;
(II) an ongoing contractual relationship with the online
marketplace to provide the online marketplace with the
manufacture, distribution, wholesaling, or fulfillment of
shipments of consumer products; and
(III) provided to the online marketplace identifying
information, as described in subsection (a), that has been
verified in accordance with that subsection.
(7) Verify.--The term ``verify'' means to confirm
information provided to an online marketplace pursuant to
this section, which may include the use of one or more
methods that enable the online marketplace to reliably
determine that any information and documents provided are
valid, corresponding to the seller or an individual acting on
the seller's behalf, not misappropriated, and not falsified.
(g) Relationship to State Laws.--No State or political
subdivision of a State, or territory of the United States,
may establish or continue in effect any law, regulation,
rule, requirement, or standard that conflicts with the
requirements of this section.
(h) Effective Date.--This section shall take effect 180
days after the date of the enactment of this Act.
[[Page H10370]]
TITLE IV--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAUTHORIZATION
SEC. 401. COVERED ENTITY DEFINED.
(a) In General.--Section 1403 of the Virginia Graeme Baker
Pool and Spa Safety Act (15 U.S.C. 8002) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), and (8)
as paragraphs (6), (7), (8), (9), and (10), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Covered entity.--The term `covered entity' means--
``(A) a State; or
``(B) an Indian Tribe.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).''.
(b) Technical Correction.--Paragraph (10) of section 1403
of the Virginia Graeme Baker Pool and Spa Safety Act (as so
redesignated) is amended by striking ``section 3(10) of the
Consumer Product Safety Act (15 U.S.C. 2052(10))'' and
inserting ``section 3(a) of the Consumer Product Safety Act
(15 U.S.C. 2052(a))''.
SEC. 402. SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Section 1405 of the Virginia Graeme Baker
Pool and Spa Safety Act (15 U.S.C. 8004) is amended to read
as follows:
``SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM.
``(a) In General.--Subject to the availability of
appropriations authorized by subsection (e), the Commission
shall carry out a grant program to provide assistance to
eligible covered entities.
``(b) Eligibility.--To be eligible for a grant under the
program, a covered entity shall--
``(1) demonstrate to the satisfaction of the Commission
that, as of the date on which the covered entity submits an
application to the Commission for a grant under this section,
the covered entity has enacted and provides for the
enforcement of a statute that--
``(A) except as provided in section 1406(a)(1)(A)(i),
applies to all swimming pools constructed in the State or in
the jurisdiction of the Indian Tribe (as the case may be) on
or after such date; and
``(B) meets the minimum State law requirements of section
1406; and
``(2) submit an application to the Commission at such time,
in such form, and containing such additional information as
the Commission may require.
``(c) Amount of Grant.--The Commission shall determine the
amount of a grant awarded under this section, and shall
consider--
``(1) the population of the covered entity;
``(2) the relative enforcement and implementation needs of
the covered entity; and
``(3) allocation of grant funds in a manner designed to
provide the maximum benefit from the program in terms of
protecting children from drowning or entrapment.
``(d) Use of Grant Funds.--A State or an Indian Tribe
receiving a grant under this section shall use--
``(1) at least 25 percent of amounts made available--
``(A) to hire and train personnel for implementation and
enforcement of standards under the swimming pool and spa
safety law of the State or Indian Tribe; and
``(B) to defray administrative costs associated with the
hiring and training programs under subparagraph (A); and
``(2) the remainder--
``(A) to educate pool owners, pool operators, and other
members of the public about the standards under the swimming
pool and spa safety law of the State or Indian Tribe and
about the prevention of drowning or entrapment of children
using swimming pools and spas; and
``(B) to defray administrative costs associated with the
education programs under subparagraph (A).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Commission for fiscal
year 2023 $2,500,000 to carry out this section.''.
(b) Conforming Amendments.--Section 1406 of the Virginia
Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8005) is
amended--
(1) in subsection (a)(2), by striking ``the eligibility of
a State'' each place it appears and inserting ``the
eligibility of a covered entity''; and
(2) by adding at the end the following:
``(e) State Defined.--In this section, the term `State'
includes an Indian Tribe.''.
SEC. 403. REAUTHORIZATION OF CPSC EDUCATION AND AWARENESS
PROGRAM.
Section 1407 of the Virginia Graeme Baker Pool and Spa
Safety Act (15 U.S.C. 8006) is amended to read as follows:
``SEC. 1407. EDUCATION AND AWARENESS PROGRAM.
``(a) In General.--The Commission shall establish and carry
out an education and awareness program to inform the public
of methods to prevent drowning and entrapment in swimming
pools and spas. In carrying out the program, the Commission
shall develop--
``(1) educational materials designed for swimming pool and
spa manufacturers, service companies, and supply retail
outlets, including guidance on barrier and drain cover
inspection, maintenance, and replacement;
``(2) educational materials designed for swimming pool and
spa owners and operators, consumers, States, and Indian
Tribes; and
``(3) a national media campaign to promote awareness of
swimming pool and spa safety.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Commission for fiscal
year 2023 $2,500,000 to carry out the education and awareness
program authorized by subsection (a).''.
TITLE V--RANSOMWARE ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Reporting Attacks from
Nations Selected for Oversight and Monitoring Web Attacks and
Ransomware from Enemies Act'' or the ``RANSOMWARE Act''.
SEC. 502. INCLUSION OF REPORT.
Section 2 of Public Law 116-173 is amended--
(1) in paragraph (3), by striking ``; and'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the first report required by the RANSOMWARE Act.''.
SEC. 503. REPORT ON RANSOMWARE AND OTHER CYBER-RELATED
ATTACKS BY CERTAIN FOREIGN INDIVIDUALS,
COMPANIES, AND GOVERNMENTS.
(a) In General.--With the transmission of the report
required by section 2 of Public Law 116-173, and separately
in 2025 and 2027, the Federal Trade Commission shall transmit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report, which may include a
classified annex for information that is nonpublic or related
to Commission investigations or interagency deliberations,
and that shall include the following:
(1) The number and details of cross-border complaints
received by the Commission (including which such complaints
were acted upon and which such complaints were not acted
upon) that relate to incidents that were reported to the
Commission as committed by individuals, companies, or
governments, including those described in subsection (b),
broken down by each type of individual, type of company, or
government described in a paragraph of such subsection.
(2) The number and details of cross-border complaints
received by the Commission (including which such complaints
were acted upon and which such complaints were not acted
upon) that involve ransomware or other cyber-related attacks
that were reported to the Commission as committed by
individuals, companies, or governments, including those
described in subsection (b), broken down by each type of
individual, type of company, or government described in a
paragraph of such subsection.
(3) A description of trends in the number of cross-border
complaints received by the Commission and reported to the
Commission as incidents that were committed by individuals,
companies, or governments, including those described in
subsection (b), broken down by each type of individual, type
of company, or government described in a paragraph of such
subsection.
(4) Identification and details of foreign agencies
(including foreign law enforcement agencies (as defined in
section 4 of the Federal Trade Commission Act (15 U.S.C.
44))) located in Russia, China, North Korea, or Iran with
which the Commission has cooperated and the results of such
cooperation, including any foreign agency enforcement action
or lack thereof.
(5) A description of Commission litigation, in relation to
cross-border complaints described in paragraphs (1) and (2),
brought in foreign courts and the results of such litigation.
(6) Any recommendations for legislation that may advance
the mission of the Commission in carrying out the U.S. SAFE
WEB Act of 2006 and the amendments made by such Act.
(7) Any recommendations for legislation that may advance
the security of the United States and United States companies
against ransomware and other cyber-related attacks.
(8) Any recommendations for United States citizens and
United States businesses to implement best practices on
mitigating ransomware and other cyber-related attacks.
(b) Individuals, Companies, and Governments Described.--The
individuals, companies, and governments described in this
subsection are the following:
(1) An individual located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(2) A company located within Russia or with direct or
indirect ties to the Government of the Russian Federation.
(3) The Government of the Russian Federation.
(4) An individual located within China or with direct or
indirect ties to the Government of the People's Republic of
China.
(5) A company located within China or with direct or
indirect ties to the Government of the People's Republic of
China.
(6) The Government of the People's Republic of China.
(7) An individual located within North Korea or with direct
or indirect ties to the Government of the Democratic People's
Republic of Korea.
(8) A company located within North Korea or with direct or
indirect ties to the Government of the Democratic People's
Republic of Korea.
(9) The Government of the Democratic People's Republic of
Korea.
(10) An individual located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of
Iran.
(11) A company located within Iran or with direct or
indirect ties to the Government of the Islamic Republic of
Iran.
(12) The Government of the Islamic Republic of Iran.
TITLE VI--TRAVEL AND TOURISM
SEC. 600. DEFINED TERM.
In this title, the term ``COVID-19 public health
emergency''--
(1) means the public health emergency first declared on
January 31, 2020, by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act
(42 U.S.C. 247d) with respect to COVID-19; and
(2) includes any renewal of such declaration pursuant to
such section 319.
Subtitle A--Travel Promotion
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Visit America Act''.
[[Page H10371]]
SEC. 602. PURPOSES.
The purposes of this subtitle are--
(1) to support the travel and tourism industry, which
produces economic impacts that are vital to our national
economy; and
(2) to establish national goals for international visitors
to the United States, including--
(A) recommendations for achieving such goals and timelines
for implementing such recommendations;
(B) coordination between Federal and State agencies;
(C) the resources needed by each Government agency to
achieve such goals; and
(D) the number of international visitors and the value of
national travel exports.
SEC. 603. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) setting a national goal for the number of international
visitors to the United States is vital for aligning Federal
tourism policy to support American jobs and economic growth;
(2) setting a national goal for travel exports is vital for
aligning Federal tourism policy to support American jobs,
increase travel exports, and improve our Nation's balance of
trade;
(3) the travel industry is an essential part of the United
States services exports with respect to business, education,
medical, and leisure travel;
(4) the promotion of travel and visitation by the
Corporation for Travel Promotion (doing business as ``Brand
USA'') is vital to increasing visitation and articulating the
visitation laws of the United States; and
(5) there is an urgent need for a coordinated travel and
tourism industry response and strategy to respond to the
current state of such industry and future unforeseen
circumstances that may impact the travel and tourism
industry.
SEC. 604. ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND
TOURISM.
Section 2(d) of the Reorganization Plan Numbered 3 of 1979
(93 Stat. 1382; 5 U.S.C. App.) is amended--
(1) by striking ``There shall be in the Department two
additional Assistant Secretaries'' and inserting ``(1) There
shall be in the Department three additional Assistant
Secretaries, including the Assistant Secretary of Commerce
for Travel and Tourism,''; and
(2) by adding at the end the following:
``(2) The Assistant Secretary of Commerce for Travel and
Tourism shall report directly to the Under Secretary of
Commerce for International Trade.''.
SEC. 605. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF
COMMERCE FOR TRAVEL AND TOURISM.
(a) Visitation Goals.--The Assistant Secretary of Commerce
for Travel and Tourism (referred to in this section as the
``Assistant Secretary'') shall--
(1) after consultation with the travel and tourism
industry, work with the Travel Promotion Committee and the
United States Travel and Tourism Advisory Board to establish
an annual goal, consistent with the goals of the travel and
tourism strategy developed pursuant to section 606(1), for--
(A) the number of international visitors to the United
States; and
(B) the value of travel and tourism commerce;
(2) develop recommendations for achieving the annual goals
established pursuant to paragraph (1);
(3) ensure that travel and tourism policy is developed in
consultation with--
(A) the Tourism Policy Council;
(B) the Secretary of State;
(C) the Secretary of Homeland Security;
(D) the Corporation for Travel Promotion;
(E) the United States Travel and Tourism Advisory Board;
and
(F) travel and tourism industry representatives, including
public and private destination marketing organizations,
travel and tourism suppliers, gig economy representatives,
and labor representatives from these industries;
(4) establish short, medium, and long-term timelines for
implementing the recommendations developed pursuant to
paragraph (2);
(5) conduct Federal agency needs assessments, in
consultation with the Office of Management and Budget and
other relevant Federal agencies, to identify the resources,
statutory or regulatory changes, and private sector
engagement needed to achieve the annual visitation goals; and
(6) provide assessments and recommendations to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives; and
(C) the public through a publicly accessible website.
(b) Domestic Travel and Tourism.--The Assistant Secretary,
to the extent feasible, shall--
(1) evaluate, on an ongoing basis, domestic policy options
for supporting competitiveness with respect to the strengths,
weaknesses, and growth of the domestic travel industry;
(2) develop recommendations and goals to support and
enhance domestic tourism, separated by business and leisure;
and
(3) engage public and private stakeholders to support
domestic tourism.
(c) Workforce.--The Assistant Secretary shall--
(1) consult with the Secretary of Labor to develop
strategies and best practices for improving the timeliness
and reliability of travel and tourism workforce data;
(2) work with the Secretary of Labor and the Bureau of
Economic Analysis to improve travel and tourism industry
data;
(3) provide recommendations for policy enhancements and
efficiencies; and
(4) provide policy recommendations regarding the gig
economy as it relates to travel and tourism.
(d) Facilitation of International Business Travel.--The
Assistant Secretary, in coordination with relevant Federal
agencies, shall strive to increase and facilitate
international business travel to the United States and ensure
competitiveness by--
(1) facilitating large meetings, incentives, conferences,
and exhibitions in the United States;
(2) emphasizing rural and other destinations in the United
States that are rich in cultural heritage or ecological
tourism, among other uniquely American destinations, as
locations for hosting international meetings, incentives,
conferences, and exhibitions; and
(3) facilitating sports and recreation events and
activities in the United States.
(e) Recovery Strategies.--
(1) In general.--Not later than 1 year after amounts are
appropriated to the Department of Commerce to accomplish the
purposes of this section, the Assistant Secretary, in
consultation with the entities referred to in subsection
(a)(3), shall develop recovery strategies for the travel and
tourism industry in response to the economic impacts of the
COVID-19 pandemic and in anticipation of other unpredictable
catastrophic events that would significantly affect the
travel and tourism industry, such as hurricanes, floods,
tsunamis, tornadoes, wildfires, terrorist attacks, and
pandemics.
(2) Cost-benefit analysis.--In developing the recovery
strategies under paragraph (1), the Assistant Secretary shall
conduct cost-benefit analyses that take into account the
health and economic effects of public health mitigation
measures on the travel and tourism industry.
(f) Reporting Requirements.--
(1) Assistant secretary.--The Assistant Secretary, subject
to the availability of appropriations, shall produce an
annual forecasting report on the travel and tourism industry,
which shall include current and anticipated--
(A) domestic employment needs;
(B) international inbound volume and spending, taking into
account the lasting effects of the COVID-19 public health
emergency and the impact of the recovery strategy implemented
pursuant to subsection (e)(1); and
(C) domestic volume and spending, including Federal and
State public land travel and tourism data.
(2) Bureau of economic analysis.--The Director of the
Bureau of Economic Analysis, subject to the availability of
appropriations and to the extent feasible, should make
quarterly updates to the Travel and Tourism Satellite
Accounts, including--
(A) State-level travel and tourism spending data;
(B) travel and tourism workforce data for full-time and
part-time employment; and
(C) Federal and State public lands outdoor recreational
activity and tourism spending data.
(3) National travel and tourism office.--The Director of
the National Travel and Tourism Office--
(A) in partnership with the Bureau of Economic Analysis and
other relevant Federal agencies, shall provide a monthly
report on international arrival and spending data to--
(i) the Travel and Tourism Advisory Board; and
(ii) the public through a publicly accessible website; and
(B) shall include questions in the Survey of International
Air Travelers regarding wait-times, visits to public lands,
and State data, to the extent applicable.
SEC. 606. TRAVEL AND TOURISM STRATEGY.
Not less frequently than once every 10 years, the Secretary
of Commerce, in consultation with the United States Travel
and Tourism Advisory Board, the Tourism Policy Council, the
Secretary of State, and the Secretary of Homeland Security,
shall develop and submit to Congress a 10-year travel and
tourism strategy, which shall include--
(1) the establishment of goals with respect to the number
of annual international visitors to the United States and the
annual amount of travel and tourism commerce in the United
States during such 10-year period;
(2) the resources needed to achieve the goals established
pursuant to paragraph (1); and
(3) recommendations for statutory or regulatory changes
that would be necessary to achieve such goals.
SEC. 607. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
Section 3 of the Act entitled ``An Act to encourage travel
in the United States, and for other purposes'' (15 U.S.C.
1546) is amended to read as follows:
``SEC. 3. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.
``(a) In General.--There is established the United States
Travel and Tourism Advisory Board (referred to in this
section as the `Board'), the members of which shall be
appointed by the Secretary of Commerce for 2-year terms from
companies and organizations in the travel and tourism
industry.
``(b) Executive Director.--The Assistant Secretary of
Commerce for Travel and Tourism shall serve as the Executive
Director of the Board.
``(c) Executive Secretariat.--The National Travel and
Tourism Office of the International Trade Administration
shall serve as the Executive Secretariat for the Board.
``(d) Functions.--The Board's Charter shall specify that
the Board will--
``(1) serve as the advisory body to the Secretary of
Commerce on matters relating to the travel and tourism
industry in the United States;
``(2) advise the Secretary of Commerce on government
policies and programs that affect the United States travel
and tourism industry;
[[Page H10372]]
``(3) offer counsel on current and emerging issues;
``(4) provide a forum for discussing and proposing
solutions to problems related to the travel and tourism
industry; and
``(5) provide advice regarding the domestic travel and
tourism industry as an economic engine.
``(e) Recovery Strategies.--The Board shall assist the
Assistant Secretary of Commerce for Travel and Tourism in the
development and implementation of the recovery strategies
required under section 605(e)(1) of the Visit America Act.''.
SEC. 608. DATA ON DOMESTIC TRAVEL AND TOURISM.
The Assistant Secretary of Commerce for Travel and Tourism,
subject to the availability of appropriations, shall collect
and make public aggregate data on domestic travel and tourism
trends.
SEC. 609. COMPLETION OF PROCEEDING.
If the Secretary of Commerce, before the date of the
enactment of this Act, has taken any action that, in whole or
in part, implements this title or the amendments made by this
title, the Secretary is not required to revisit such action
to the extent such action is consistent with this title and
the amendments made by this title.
Subtitle B--Travel Safety
SEC. 611. STUDY AND REPORT ON EFFECTS OF COVID-19 PANDEMIC ON
TRAVEL AND TOURISM INDUSTRY IN UNITED STATES.
(a) Definitions.--In this section:
(1) Pandemic period.--The term ``pandemic period'' has the
meaning given the term ``emergency period'' in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)), excluding any portion of such period after the
date that is 1 year after the date of the enactment of this
Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Travel and tourism industry.--The term ``travel and
tourism industry'' means the travel and tourism industry in
the United States.
(b) Interim Study and Report.--
(1) In general.--Not later than 3 months after the date of
the enactment of this Act, the Secretary, after consultation
with relevant stakeholders, including the United States
Travel and Tourism Advisory Board, shall--
(A) complete an interim study, which shall be based on data
available at the time the study is conducted and provide a
framework for the study required under subsection (c),
regarding the effects of the COVID-19 pandemic on the travel
and tourism industry, including various segments of the
travel and tourism industry, such as domestic, international,
leisure, business, conventions, meetings, and events; and
(B) submit a report containing the results of such interim
study to--
(i) the Committee on Commerce, Science, and Transportation
of the Senate; and
(ii) the Committee on Energy and Commerce of the House of
Representatives.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website
of the Department of Commerce.
(c) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, in consultation
with the United States Travel and Tourism Advisory Board and
the head of any other Federal agency the Secretary considers
appropriate, shall complete a study on the effects of the
COVID-19 pandemic on the travel and tourism industry,
including various segments of the travel and tourism
industry, such as domestic, international, leisure, business,
conventions, meetings, and events.
(d) Matters for Consideration.--In conducting the interim
study required under subsection (b) and the study required
under subsection (c), the Secretary shall consider--
(1) changes in employment rates in the travel and tourism
industry during the pandemic period;
(2) changes in revenues of businesses in the travel and
tourism industry during the pandemic period;
(3) changes in employment and sales in industries related
to the travel and tourism industry, and changes in
contributions of the travel and tourism industry to such
related industries, during the pandemic period;
(4) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on the overall economy of the
United States, including--
(A) an analysis of regional economies (on a per capita
basis) during the pandemic period; and
(B) the projected effects of such changes on the regional
and overall economy of the United States following the
pandemic period;
(5) the effects attributable to the changes described in
paragraphs (1) through (3) in the travel and tourism industry
and such related industries on minority communities,
including Native Americans, Native Hawaiians, and Alaska
Natives;
(6) reports on the economic impact of COVID-19 issued by
other Federal agencies;
(7) the costs and health benefits associated with COVID-19
requirements for air travel for entry into or exit from the
United States and any consequent disincentives for tourism;
(8) any Federal barriers related to the response to the
COVID-19 pandemic that are disincentivizing international
tourism in the United States, including the source and policy
rationale for these barriers; and
(9) any additional matters that the Secretary considers
appropriate.
(e) Consultation and Public Comment.--In conducting the
study required under subsection (c), the Secretary shall--
(1) consult with representatives of--
(A) the small business sector;
(B) the restaurant or food service sector;
(C) the hotel and alternative accommodations sector;
(D) the attractions or recreation sector;
(E) the outdoor recreation sector;
(F) the travel distribution services sector;
(G) destination marketing organizations;
(H) State tourism offices;
(I) the passenger air, railroad, bus, and rental car
sectors; and
(J) labor representatives for--
(i) the sectors referred to in subparagraph (I); and
(ii) security screening personnel designated by the
Administrator of the Transportation Security Administration;
and
(2) provide an opportunity for public comment and advice
relevant to conducting such study.
(f) Report to Congress.--
(1) In general.--Not later than 6 months after the
completion of the study required under subsection (c), the
Secretary, in consultation with the United States Travel and
Tourism Advisory Board and the Tourism Policy Council, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives that contains--
(A) the results of such study;
(B) policy recommendations for--
(i) promoting and assisting the travel and tourism industry
generally; and
(ii) promoting and assisting travel and tourism to Native
American, Native Hawaiian, and Alaska Native communities, by
fully implementing the Native American Tourism and Improving
Visitor Experience Act (Public Law 114-221); and
(C) a description of the actions that should be taken by
the Federal Government to accelerate the implementation of
travel and tourism policies and programs authorized by law.
(2) Availability.--The Secretary shall make the report
described in paragraph (1) publicly available on the website
of the Department of Commerce.
DIVISION CC--WATER RELATED MATTERS
SEC. 101. EXTENSION OF AUTHORIZATIONS RELATED TO FISH
RECOVERY PROGRAMS.
Section 3 of Public Law 106-392 (114 Stat. 1603; 123 Stat.
1310) is amended--
(1) by striking ``2023'' each place it appears and
inserting ``2024'';
(2) in subsection (b)(1), by striking ``$179,000,000'' and
inserting ``$184,000,000'';
(3) in subsection (b)(2), by striking ``$30,000,000'' and
inserting ``$25,000,000'';
(4) in subsection (h), by striking ``, at least 1 year
prior to such expiration,''; and
(5) in subsection (j), by striking ``2021'' each place it
appears and inserting ``2022''.
SEC. 102. COLORADO RIVER SYSTEM CONSERVATION PILOT PROGRAM.
Section 206 of the Energy and Water Development and Related
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public
Law 113-235), is amended--
(1) in subsection (b)(2), by striking ``additional funds''
and inserting ``funds for new water conservation agreements
or'';
(2) in subsection (c)(2), by striking ``2022'' and
inserting ``2024''; and
(3) in subsection (d), by striking ``2018'' and inserting
``2025''.
SEC. 103. SALTON SEA PROJECTS.
Section 1101 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4661)
is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Additional Project Authorities.--
``(1) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide grants
and enter into contracts and cooperative agreements to carry
out projects located in the area of the Salton Sea in
southern California to mitigate impacts from dust from dry
and drying lakebeds and to improve fish and wildlife habitat,
recreational opportunities, and water quality, in partnership
with--
``(A) State, Tribal, and local governments;
``(B) water districts;
``(C) joint powers authorities, including the Salton Sea
Authority;
``(D) nonprofit organizations; and
``(E) institutions of higher education.
``(2) Included activities.--The projects described in
paragraph (1) may include--
``(A) construction, operation, maintenance, permitting, and
design activities required for the projects; and
``(B) dust suppression projects.''; and
(3) in subsection (c) (as so redesignated), by striking
``project referred to in subsection (a)'' and inserting
``projects referred to in subsections (a) and (b)''.
SEC. 104. AUTHORIZATION OF SUN RIVER PROJECT, MONTANA.
(a) Authorization.--The Secretary, acting through the
Commissioner of Reclamation and pursuant to the reclamation
laws, may construct, operate, and maintain facilities in the
Sun River project, Montana, for the purpose of hydroelectric
power generation.
(b) Effect.--The authorization under subsection (a) shall--
(1) be in addition to any other authorizations for the Sun
River project under existing law; and
(2) not limit, restrict, or alter operations of the Sun
River project in a manner that would be adverse to the
satisfaction of valid existing water rights or water
deliveries to the holder of any valid water service contract.
[[Page H10373]]
SEC. 105. ELIGIBILITY UNDER THE INFRASTRUCTURE INVESTMENT AND
JOBS ACT OF SMALL WATER STORAGE AND GROUNDWATER
STORAGE PROJECTS.
Section 40903(b)(1)(B)(i) of the Infrastructure Investment
and Jobs Act (43 U.S.C. 3203(b)(1)(B)(i)) is amended by
striking ``2,000'' and inserting ``200''.
DIVISION DD--PUBLIC LAND MANAGEMENT
SEC. 1. DEFINITION OF SECRETARY.
In this division, the term ``Secretary'' means the
Secretary of the Interior.
TITLE I--DEPARTMENT OF THE INTERIOR PROVISIONS
SEC. 101. PILOT PROGRAM FOR NATIVE PLANT SPECIES.
(a) Definitions.--In this section:
(1) Invasive species.--The term ``invasive species'' means,
with respect to a particular ecosystem, a nonnative organism,
the introduction of which causes or is likely to cause
economic or environmental harm or harm to human, animal, or
plant health.
(2) Locally adapted.--The term ``locally adapted'' means,
with respect to plants, plants that--
(A) originate from an area that is geographically proximate
to a planting area; and
(B) are environmentally adapted to and likely to become
established and persist in that planting area.
(3) Native plant species.--The term ``native plant
species'' means, with respect to a particular ecosystem, a
species that, other than as a result of an introduction,
historically occurred or currently occurs in that ecosystem.
(4) Nonnative.--The term ``nonnative'' means, with respect
to a particular ecosystem, an organism, including the seeds,
eggs, spores, or other biological material of the organism
capable of propagating that species, that occurs outside of
the natural range of the organism.
(5) Plant material.--The term ``plant material'' means a
plant or the seeds, eggs, spores, or other biological
material of a plant capable of propagating the species of the
plant.
(b) Establishment.--Not later than 180 days after the date
on which funds are made available to carry out this section,
the Secretary shall, in accordance with any existing laws and
management policies, carry out a pilot program to prioritize
the use of native plant species within geographically diverse
units of the National Park System and public land
administered by the Bureau of Land Management.
(c) Implementation.--In carrying out the pilot program
under subsection (b), the Secretary shall, to the extent
practicable--
(1) give preference to the use of locally adapted native
plant materials where appropriate;
(2) incorporate efforts to prevent, control, or eradicate
the spread of invasive species;
(3) incorporate efforts to use native plants in areas that
have experienced a recent wildfire event; and
(4) identify situations in which the use of non-native
plants may be warranted.
(d) Coordination.--The Secretary shall, in carrying out the
pilot program under subsection (b), coordinate activities
with--
(1) the National Seed Strategy of the Bureau of Land
Management;
(2) the Plant Conservation Alliance; and
(3) the Plant Materials Centers of the Natural Resources
Conservation Service.
(e) Termination of Authority.--The authority to carry out
the pilot program under subsection (b) terminates on the date
that is 5 years after the date on which the pilot program is
established under that subsection.
(f) Report.--Not later than 1 year after the date on which
the authority to carry out the pilot program terminates under
subsection (e), the Secretary shall submit to Congress a
report describing--
(1) the results of the pilot program carried out under
subsection (b); and
(2) the cost-effectiveness of using native plants in units
of the National Park System and public land administered by
the Bureau of Land Management.
SEC. 102. REAUTHORIZATION OF THE HIGHLANDS CONSERVATION ACT.
The Highlands Conservation Act (Public Law 108-421; 118
Stat. 2375) is amended--
(1) in section 3--
(A) by amending paragraph (1) to read as follows:
``(1) Highlands region.--The term `Highlands region'
means--
``(A) the area depicted on the map entitled `The Highlands
Region', dated June 2004, updated after the date of enactment
of this subparagraph to comprise each municipality included
on the list of municipalities included in the Highlands
region as of that date of enactment, and maintained in the
headquarters of the Forest Service in Washington, District of
Columbia; and
``(B) a municipality approved by the Director of the United
States Fish and Wildlife Service under section 4(e).'';
(B) in paragraph (3), by amending subparagraph (B) to read
as follows:
``(B) identified by a Highlands State as having high
conservation value using the best available science and
geographic information systems; and'';
(C) in paragraph (4)(A), by striking ``; or'' and inserting
``, including a political subdivision thereof; or''; and
(D) by striking paragraphs (5) through (7);
(2) in section 4--
(A) in subsection (a)(1), by striking ``in the Study'' and
all that follows through the end of the paragraph and
inserting ``using the best available science and geographic
information systems; and'';
(B) in subsection (c), by amending paragraph (5) to read as
follows:
``(5) provides that land conservation partnership projects
will be consistent with areas identified as having high
conservation value in accordance with the purposes described
in section 2 in the Highlands region.'';
(C) in subsection (e), by striking ``fiscal years 2005
through 2021'' and inserting ``fiscal years 2023 through
2029'';
(D) by redesignating subsection (e) as subsection (g); and
(E) by inserting after subsection (d) the following:
``(e) Request for Inclusion of Additional Municipality.--
The Director of the United States Fish and Wildlife Service
may, at the request of a Highlands State, with the
concurrence of the municipality, approve the inclusion of a
municipality within the State as part of the Highlands
region.
``(f) Limitation on Administrative Expenses.--
``(1) Federal administration.--The Secretary of the
Interior may not expend more than $300,000 for the
administration of this Act in each fiscal year.
``(2) State administration.--A State that receives funds
under this section for a land conservation partnership
project may not use more than 5 percent of the funds to
administer the land conservation partnership project.'';
(3) in section 5--
(A) in subsection (a), by striking ``the Study, Update, and
any future study that the Forest Service may undertake in'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``, including a
Pennsylvania and Connecticut Update''; and
(ii) in paragraph (2), by striking ``the findings'' and all
that follows through the end of the paragraph and inserting
``with stakeholders regarding implementation of the program;
and''; and
(C) in subsection (c), by striking ``2005 through 2014''
and inserting ``2023 through 2029''; and
(4) in section 6, by adding at the end the following:
``(f) Appraisal Methodology.--
``(1) In general.--With respect to an appraisal related to
a land acquisition carried out under this Act, a Highlands
State shall use an appraisal methodology approved by the
Secretary of the Interior.
``(2) Alternative appraisal methodology.--A Highlands State
may petition the Secretary of the Interior to consider an
alternative appraisal methodology when there is a conflict,
in any Highlands State, between--
``(A) an appraisal methodology approved by the Secretary of
the Interior under paragraph (1); and
``(B) applicable State law.''.
SEC. 103. CADASTRE OF FEDERAL REAL PROPERTY.
(a) Definitions.--In this section:
(1) Cadastre.--
(A) In general.--The term ``cadastre'' means an inventory
of real property developed through collecting, storing,
retrieving, or disseminating graphical or digital data
depicting natural or man-made physical features, phenomena,
or boundaries of the earth, and any information related to
the data, including--
(i) surveys;
(ii) maps;
(iii) charts;
(iv) satellite and airborne remote sensing data;
(v) images; and
(vi) services of an architectural or engineering nature
performed by 1 or more professionals, as authorized to
perform the services under State law, if applicable, such
as--
(I) a surveyor;
(II) a photogrammetrist;
(III) a hydrographer;
(IV) a geodesist; or
(V) a cartographer.
(B) Inclusions.--The term ``cadastre'' includes--
(i) a reference frame consisting of a current geodetic
network that is consistent with, and not duplicative of, the
National Geodic Survey of the National Oceanic and
Atmospheric Administration;
(ii) a series of current and accurate large-scale maps;
(iii) an existing cadastral boundary overlay delineating
all cadastral parcels;
(iv) a system for indexing and identifying each cadastral
parcel; and
(v) a series of land data files, each including the parcel
identifier, which can be used to retrieve information and
cross-reference between and among other existing data files
that may contain information about the use, assets, and
infrastructure of each parcel.
(2) Federal real property.--
(A) In general.--The term ``Federal real property'' means
any real property owned, leased, or otherwise managed by the
Secretary concerned.
(B) Exclusions.--The term ``Federal real property'' does
not include--
(i) real property held in trust by the Federal Government
for the benefit of 1 or more Indian Tribes or individual
Indians; or
(ii) restricted land owned by an Indian Tribe or individual
Indians.
(3) Real property.--The term ``real property'' means real
estate consisting of--
(A) land;
(B) buildings, crops, forests, or other resources still
attached to or within the land;
(C) improvements or fixtures permanently attached to the
land;
(D) any structure on the land; or
(E) any interest, benefit, right, or privilege in the
property described in subparagraphs (A) through (D).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary; or
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service.
[[Page H10374]]
(b) Cadastre of Federal Real Property.--
(1) Interagency data standardization.--Not later than 18
months after the date of enactment of this Act, the
Secretaries concerned shall jointly develop and adopt
interagency standards to ensure compatibility and
interoperability among applicable Federal databases with
respect to the collection and dissemination of data relating
to Federal real property.
(2) Development of cadastre.--Not later than 2 years after
the date of enactment of this Act, the Secretaries concerned,
subject to the availability of appropriations, shall develop
(and thereafter maintain) a current and accurate multipurpose
cadastre of Federal real property under the jurisdiction of
the Secretaries concerned to support Federal land management
activities on Federal real property, including--
(A) resource development and conservation;
(B) agricultural use;
(C) active forest management;
(D) environmental protection; and
(E) other use of the real property.
(3) Consolidation and report.--Not later than 180 days
after the date of enactment of this Act, the Secretaries
concerned shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report
describing--
(A) the existing real property inventories or any
components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned,
including--
(i) the statutory authorization for each existing real
property inventory or component of a cadastre; and
(ii) the amount expended by the Federal Government for each
existing real property inventory or component of a cadastre
in fiscal year 2022;
(B) the existing real property inventories or any
components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned
that will be eliminated or consolidated into the multipurpose
cadastre under paragraph (2);
(C)(i) the existing real property inventories or any
components of any cadastre of Federal real property currently
authorized by law or maintained by the Secretary concerned
that will not be eliminated or consolidated into the
multipurpose cadastre under paragraph (2); and
(ii) a justification for not eliminating or consolidating
an existing real property inventory or component of a
cadastre described in clause (i) into the multipurpose
cadastre under paragraph (2);
(D) the use of existing real property inventories or any
components of any cadastre currently maintained by any unit
of State or local government that can be used to identify
Federal real property within that unit of government;
(E) the cost savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components of any cadastre of Federal real
property currently authorized by law or maintained by the
Secretary concerned that will become part of the multipurpose
cadastre under paragraph (2);
(F) a plan for the implementation of this section,
including a cost estimate and an assessment of the
feasibility of using revenue from any transactional activity
authorized by law to offset any costs of implementing this
section; and
(G) recommendations for any legislation necessary to
increase the cost savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating
Federal real property inventories or any components of any
cadastre of Federal real property currently authorized by law
or maintained by the Secretary concerned.
(4) Coordination.--
(A) In general.--In carrying out this section, the
Secretaries concerned shall--
(i) participate (in accordance with section 216 of the E-
Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-
347) and section 757 of the Geospatial Data Act of 2018 (43
U.S.C. 2806)) in the establishment of such standards and
common protocols as are necessary to ensure the
interoperability of geospatial information pertaining to the
cadastre under paragraph (2) for all users of the
information;
(ii) coordinate with, seek assistance and cooperation of,
and provide liaison to the Federal Geographic Data Committee
established by section 753(a) of the Geospatial Data Act of
2018 (43 U.S.C. 2802(a)) for the implementation of and
compliance with such standards and requirements of that Act
as may be applicable to--
(I) the cadastre under paragraph (2); and
(II) any aspect of the development of the cadastre under
paragraph (2);
(iii) integrate, or make the cadastre interoperable with,
the Federal Real Property Profile or other inventories
established pursuant to Executive Order 13327 (40 U.S.C. 121
note; relating to Federal real property asset management),
the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C.
1303 note; Public Law 114-287), or the Federal Property
Management Reform Act of 2016 (Public Law 114-318; 130 Stat.
1608); and
(iv) to the maximum extent practicable, integrate with and
leverage current cadastre activities of units of State and
local government.
(B) Contracts considered surveying and mapping.--
(i) In general.--A contract between the Secretaries
concerned and a member of the private sector to provide
products and services for the development of the cadastre
shall be considered to be a contract for services of
surveying and mapping (within the meaning of chapter 11 of
title 40, United States Code).
(ii) Selection procedures.--A contract described in clause
(i) shall be entered into in accordance with the selection
procedures in chapter 11 of title 40, United States Code.
(c) Transparency and Public Access.--The Secretary
concerned shall--
(1) in accordance with any requirements applicable to the
Secretary concerned under section 759 of the Geospatial Data
Act of 2018 (43 U.S.C. 2808), make the cadastre under
subsection (b)(2) publicly available on the internet--
(A) in a graphically geo-enabled and searchable format; and
(B) in a manner that is consistent with, and meets any
requirements for integration with, the GeoPlatform
established under section 758(a) of that Act (43 U.S.C.
2807(a));
(2) ensure that the inventory referred to in subsection (b)
includes the identification of all land suitable for disposal
and the appraised value of the land, if an appraisal has been
conducted, in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of any
parcel or parcels of land, any buildings or facilities on the
land, or any information related to the land, buildings, or
facilities if that disclosure would impair or jeopardize the
national security or homeland defense of the United States.
(d) Applicable Law.--Any data that is part of the cadastre
developed under subsection (b)(2) shall be--
(1) considered to be geospatial data for purposes of the
Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and
(2) subject to the requirements of that Act.
(e) Effect.--Nothing in this section--
(1) creates any substantive or procedural right or benefit;
or
(2) requires or authorizes--
(A) any new surveying or mapping of Federal real property;
(B) the evaluation of any parcel of land or other real
property for potential management by a non-Federal entity;
(C) the disposal of any Federal real property; or
(D) any new appraisal or assessment of--
(i) the value of any parcel of Federal land or other real
property; or
(ii) the cultural and archaeological resources on any
parcel of Federal land or other real property.
SEC. 104. SALE OR LEASE OF LAND TO FEDERALLY RECOGNIZED
INDIAN TRIBES UNDER THE RECREATION AND PUBLIC
PURPOSES ACT.
(a) Application; Acreage Limitations.--The first section of
the Act of June 14, 1926 (commonly known as the ``Recreation
and Public Purposes Act'') (44 Stat. 741, chapter 578; 68
Stat. 174, chapter 263; 43 U.S.C. 869), is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by inserting ``federally recognized Indian Tribe,''
before ``Territory,''; and
(ii) by inserting ``Tribal,'' before ``Territorial,''; and
(B) in the second sentence, by inserting ``, Tribal,''
before ``or local authority'';
(2) in subsection (b)--
(A) by striking ``(i) For recreational'' and inserting the
following:
``(1) For recreational'';
(B) by striking ``(ii) For public purposes'' and inserting
the following:
``(2) For public purposes'';
(C) in paragraph (1) (as so designated), by adding at the
end the following:
``(D) To any federally recognized Indian Tribe, 6,400
acres.''; and
(D) in paragraph (2) (as so designated), by adding at the
end the following:
``(D) To any federally recognized Indian Tribe, 640
acres.''; and
(3) in subsection (c)--
(A) in the second sentence, by striking ``States and
counties and to State and Federal'' and inserting ``States,
federally recognized Indian Tribes, and counties and to
State, Tribal, Territorial, and Federal''; and
(B) in the last sentence, by striking ``, except for a use
authorized under the Act of June 1, 1938 (52 Stat. 609; 43
U.S.C., sec. 682a), as amended''.
(b) Conveyance.--Section 2 of the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes
Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869-1), is
amended--
(1) by inserting ``, federally recognized Indian Tribe''
before ``, Territory'' each place it appears;
(2) by inserting ``Tribal,'' before ``Territorial,'' each
place it appears; and
(3) by inserting ``federally recognized Indian Tribe or''
before ``municipal corporation'' each place it appears.
TITLE II--FOREST SERVICE PROVISIONS
SEC. 201. ADMINISTRATION OF THE LAND BETWEEN THE LAKES
NATIONAL RECREATION AREA.
(a) Definitions.--Section 502 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll) is amended--
(1) by redesignating paragraphs (11) through (15) as
paragraphs (12) through (16), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) Qualified resident or relative.--The term `qualified
resident or relative' means--
``(A) a former resident of the area within the Recreation
Area or the spouse of a former resident of that area; or
``(B) a widow, widower, or lineal descendant of an
individual buried in a cemetery located in the Recreation
Area.''.
(b) Establishment.--Section 511(b) of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is
amended by striking paragraph (3) and inserting the
following:
``(3) Status of unit.--The Secretary shall administer the
Recreation Area as a separate unit of the National Forest
System.''.
[[Page H10375]]
(c) Advisory Board.--Section 522 of the Land Between the
Lakes Protection Act of 1998 (16 U.S.C. 460lll-22) is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``17'' and inserting ``13'';
(B) by striking paragraphs (4) and (5);
(C) in paragraph (3), by adding ``and'' after the semicolon
at the end; and
(D) by redesignating paragraph (6) as paragraph (4);
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Nonconsecutive terms.--Members of the Advisory Board
may serve multiple terms, but may not serve consecutive
terms.'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``may advise'' and inserting ``shall advise'';
(B) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) an annual work plan for recreation and environment
education areas in the Recreation Area, including the
heritage program, with the nonappropriated amounts in the
Land Between the Lakes Management Fund;
``(4) an annual forest management and harvest plan for the
Recreation Area; and
``(5) the Land Between the Lakes Management Fund.''; and
(4) in subsection (g)--
(A) in paragraph (1), by striking ``biannually'' and
inserting ``twice each year'';
(B) in paragraph (3), by inserting ``, on a public website
of the Department of Agriculture,'' before ``and by''; and
(C) by adding at the end the following:
``(4) Minutes.--The Secretary shall publish the minutes of
each meeting of the Advisory Board on a public website of the
Department of Agriculture.''.
(d) Fees.--Section 523(a) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-23(a)) is amended by
striking ``may charge reasonable fees'' and inserting ``shall
charge reasonable fees, in consultation with the Advisory
Board and consistent with the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801 et seq.),''.
(e) Disposition of Receipts.--Section 524 of the Land
Between the Lakes Protection Act of 1998 (16 U.S.C. 460lll-
24) is amended by striking subsection (b) and inserting the
following:
``(b) Use.--Amounts in the Land Between the Lakes
Management Fund shall be available to the Secretary until
expended, without further appropriation, for construction,
improvement, or maintenance in the Recreation Area.
``(c) Restriction on Use of Fund.--Except as provided in
subsection (b), amounts in the Land Between the Lakes
Management Fund shall not be used for management of the
Recreation Area, including salaries and expenses.''.
(f) Cooperative Authorities and Gifts.--Section 526 of the
Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll-26) is amended by adding at the end the following:
``(c) Memoranda of Understanding.--The Secretary may, for
purposes of carrying out this Act--
``(1) enter into memoranda of understanding with State or
local government entities, including law enforcement, as
appropriate, to clarify jurisdictional matters, such as road
management, policing, and other functions that are typically
performed by the entity on non-Federal land; and
``(2) make available on a public website of the Department
of Agriculture any memoranda of understanding entered into
under paragraph (1).''.
(g) Cemeteries.--Section 528 of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-28) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Land for Plots for Qualified Residents or
Relatives.--
``(1) Requests.--The Secretary, on request from a qualified
resident or relative or a cemetery association, shall grant
additional land for the minor expansion of existing
cemeteries within the Recreation Area, to the extent
necessary, to allow for the burial of qualified residents or
relatives.
``(2) Expenses.--Any expenses required to move border
fences or markers due to an expansion under paragraph (1)
shall be the responsibility of the person making the request
under that paragraph.''.
(h) Resource Management.--Section 529 of the Land Between
the Lakes Protection Act of 1998 (16 U.S.C. 460lll-29) is
amended by adding at the end the following:
``(c) Historical Resources.--
``(1) In general.--The Secretary shall identify and manage
the historical resources of the Recreation Area--
``(A) in accordance with the requirements of division A of
subtitle III of title 54, United States Code (formerly known
as the `National Historic Preservation Act'); and
``(B) in consultation with qualified residents or
relatives.
``(2) Consideration.--The Secretary shall--
``(A) in accordance with applicable law, give consideration
to requests by qualified residents or relatives to use and
maintain traditional sites, buildings, cemeteries, and other
areas of cultural importance in the Recreation Area; and
``(B) consult with qualified residents or relatives in the
management of the historical resources of the Recreation
Area.''.
(i) Authorization of Appropriations.--Section 551 of the
Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll-61) is amended--
(1) in subsection (a)(2), by striking ``Recreation Area
area'' and inserting ``Recreation Area''; and
(2) by striking subsection (c) and inserting the following:
``(c) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Agriculture may expend amounts appropriated to
carry out this title in a manner consistent with the
authorities exercised by the Tennessee Valley Authority
before the transfer of the Recreation Area to the
administrative jurisdiction of the Secretary of Agriculture,
including campground management and visitor services, paid
advertisement, and procurement of food and supplies for
resale purposes.
``(2) Exception.--The Secretary of Agriculture shall not
use amounts appropriated to carry out this title for an
activity described in section 524(b).''.
SEC. 202. HAWAII NATIONAL FOREST STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(2) Study area.--The term ``study area'' means the islands
of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai in the State
of Hawaii.
(b) Study.--
(1) In general.--The Secretary shall conduct a study--
(A) to determine the suitability and feasibility of
establishing a unit of the National Forest System in the
study area; and
(B) to identify available land within the study area that
could be included in the unit described in subparagraph (A).
(2) Coordination and consultation.--In conducting the study
under paragraph (1), the Secretary shall--
(A) coordinate with the Hawaii Department of Land and
Natural Resources; and
(B) consult with the Hawaii Department of Agriculture and
other interested governmental entities, private and nonprofit
organizations, and any interested individuals.
(3) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) consider unique vegetation types that occur in the
study area and that should be targeted for inclusion in the
unit of the National Forest System described in paragraph
(1)(A);
(B) evaluate the ability of the Secretary--
(i) to improve and protect forest areas within the study
area; and
(ii) to secure favorable water flows within the study area;
(C) determine whether the unit of the National Forest
System described in paragraph (1)(A) would expand, enhance,
or duplicate--
(i) resource protection; and
(ii) visitor-use opportunities;
(D) consider parcels of an appropriate size or location to
be capable of economical administration as part of the
National Forest System separately or jointly with the other
land identified under paragraph (1)(B);
(E) evaluate the willingness of landowners to sell or
transfer land in the study area to the Secretary;
(F) evaluate the suitability of land in the study area for
potential selection and designation as a research natural
area or an experimental forest;
(G) identify cost estimates for any Federal acquisition,
development, operation, and maintenance that would be needed
to establish the unit of the National Forest System described
in paragraph (1)(A); and
(H) consider other alternatives for the conservation,
protection, and use of areas within the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations.
(c) Effect.--Nothing in this section authorizes the
Secretary to take any action that would affect the use of any
land owned by the United States or not owned by the United
States.
(d) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
TITLE III--LAND CONVEYANCES AND EXCHANGES
SEC. 301. GILT EDGE MINE CONVEYANCE.
(a) Definitions.--In this section
(1) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 266 acres of National Forest System land within
the Gilt Edge Mine Superfund Boundary, as generally depicted
on the map.
(2) Map.--The term ``map'' means the map entitled ``Gilt
Edge Mine Conveyance Act'' and dated August 20, 2020.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(4) State.--The term ``State'' means State of South Dakota.
(b) Land Conveyance.--
(1) In general.--Subject to the terms and conditions
described in this section, if the State submits to the
Secretary an offer to acquire the Federal land for the market
value, as determined by the appraisal under paragraph (3),
the Secretary shall convey the Federal land to the State.
(2) Terms and conditions.--The conveyance under paragraph
(1) shall be--
(A) subject to valid existing rights;
(B) made by quitclaim deed; and
(C) subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of
the United States.
[[Page H10376]]
(3) Appraisal.--
(A) In general.--After the State submits an offer under
paragraph (1), the Secretary shall complete an appraisal to
determine the market value of the Federal land.
(B) Standards.--The appraisal under subparagraph (A) shall
be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(4) Map.--
(A) Availability of map.--The map shall be kept on file and
available for public inspection in the appropriate office of
the Forest Service.
(B) Correction of errors.--The Secretary may correct any
errors in the map.
(5) Consideration.--As consideration for the conveyance
under paragraph (1), the State shall pay to the Secretary an
amount equal to the market value of the Federal land, as
determined by the appraisal under paragraph (3).
(6) Survey.--The State shall prepare a survey that is
satisfactory to the Secretary of the exact acreage and legal
description of the Federal land to be conveyed under
paragraph (1).
(7) Costs of conveyance.--As a condition on the conveyance
under paragraph (1), the State shall pay all costs associated
with the conveyance, including the cost of--
(A) the appraisal under paragraph (3); and
(B) the survey under paragraph (6).
(8) Proceeds from the sale of land.--Any proceeds received
by the Secretary from the conveyance under paragraph (1)
shall be available to the Secretary until expended, without
further appropriation, for the maintenance and improvement of
land or administration facilities in the Black Hills National
Forest in the State.
(9) Environmental conditions.--Notwithstanding section
120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)(3)(A)), the Secretary shall not be required to
provide any covenant or warranty for the Federal land
conveyed to the State under this section.
SEC. 302. CONVEYANCES TO THE UNIVERSITY OF ALASKA.
(a) Definitions.--In this section:
(1) Available state-selected land.--The term ``available
State-selected land'' means Federal land in the State that
has been selected by the State pursuant to section 6(b) of
Public Law 85-508 (commonly known as the ``Alaska Statehood
Act'') (48 U.S.C. note prec. 21), including land upon which
the State has, prior to December 31, 1993, filed a future
selection application under section 906(e) of the Alaska
National Interest Lands Conservation Act (43 U.S.C. 1635(e)),
but not conveyed or patented to the State, pursuant to Public
Law 85-508 (commonly known as the ``Alaska Statehood Act'')
(48 U.S.C. note prec. 21).
(2) Inholding.--The term ``inholding'' means any interest
in land owned by the University within--
(A) any conservation system unit (as defined in section 102
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3102)); or
(B) any unit of the National Forest System in the State.
(3) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the Bureau of Land Management.
(4) State.--The term ``State'' means the State of Alaska.
(5) University.--The term ``University'' means the
University of Alaska, acting through the Board of Regents.
(b) Establishment.--The Secretary shall establish a program
within the Bureau of Land Management--
(1) to identify and convey available State-selected land to
the University to support higher education in the State; and
(2) to acquire, by purchase or exchange, University-owned
inholdings in the State.
(c) Identification of Land to Be Conveyed to the
University.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the State and the University may
jointly identify not more than 500,000 acres of available
State-selected land for inclusion in the program established
under subsection (b), of which not more than 360,000 acres
may be conveyed and patented to the University.
(2) Technical assistance.--On the request of the State and
the University, the Secretary shall provide technical
assistance in the identification of available State-selected
land for inclusion in the program established under
subsection (b).
(3) Maps.--As soon as practicable after the date on which
the available State-selected land is identified under
paragraph (1), the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives 1 or
more maps depicting the available State-selected land
identified for potential conveyance to the University.
(4) Conveyance.--Subject to paragraph (5), if the State and
the University notify the Secretary in writing that the State
and the University jointly concur with the conveyance of all
or a portion of the available State-selected land identified
under paragraph (1), and that the State will conditionally
relinquish the selection rights of the State to the land
covered by the notification on the issuance of the land being
tentatively approved, and will fully relinquish those
selection rights on final patent by the Secretary to the
University, the Secretary shall convey the applicable
identified available State-selected land to the University,
subject to valid existing rights, in the same manner and
subject to the same terms, conditions, and limitations as is
applicable to the State under section 6(b) of Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21) and other applicable law, to be held in
trust for the exclusive use and benefit of the University, to
be administered in accordance with subsection (e).
(5) Terms and conditions.--
(A) Maximum acreage.--Subject to subparagraph (C), the
Secretary shall convey not more than a total of 360,000 acres
of available State-selected land to the University under this
subsection, not to exceed the remaining entitlement of the
State under section 6(b) of Public Law 85-508 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21).
(B) Letters of concurrence.--For purposes of paragraph (4)
and subject to the maximum acreage limitation under paragraph
(1), the State and the University may submit to the Secretary
1 or more joint letters of concurrence identifying parcels of
available State selected land for conveyance as a subset of
the total acres to be conveyed under this subsection.
(C) Acreage charged against alaska statehood act
entitlement.--The acreage of land conveyed to the University
under this subsection shall be charged against the remaining
entitlement of the State under section 6(b) of Public Law 85-
508 (commonly known as the ``Alaska Statehood Act'') (48
U.S.C. note prec. 21).
(D) Survey costs.--In accordance with Public Law 85-508
(commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21), the Secretary shall be responsible for the
costs of required surveys.
(E) Submerged lands.--Lands beneath navigable waters (as
defined in section 2 of the Submerged Lands Act (43 U.S.C.
1301)) shall not be available for conveyance to the
University under the program established under subsection
(b).
(d) University of Alaska Inholdings.--
(1) In general.--The Secretary or the Secretary of
Agriculture, as appropriate, may acquire by purchase or
exchange, with the consent of the University, University-
owned inholdings within Federal land in the State.
(2) Appraisals.--The value of the land to be exchanged or
acquired under this subsection shall be determined by the
Secretary or the Secretary of Agriculture, as appropriate,
through appraisals conducted--
(A) in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice; and
(B) by a qualified appraiser mutually agreed to by the
Secretary or the Secretary of Agriculture, as appropriate,
and the University.
(3) Equal value exchanges.--For any land exchange entered
into under this subsection, the Federal land and University-
owned inholdings exchanged shall be of equal value.
(4) Purchase acquisitions.--Pursuant to chapter 2003 of
title 54, United States Code, amounts in the Land and Water
Conservation Fund established by section 200302 of that title
may be used for the purchase of University-owned inholdings
within Federal land in the State under this subsection.
(5) Requirement.--Any land acquired by the United States
under this subsection shall be administered in accordance
with the laws (including regulations) applicable to the
conservation system unit or unit of the National Forest
System in which the land is located.
(e) Administration of Conveyed or Exchanged Land.--All
available State-selected land that is tentatively approved or
conveyed to the University under this section, and all land
or assets acquired by the University through an exchange
under this section, together with the income therefrom and
the proceeds from any dispositions thereof, shall be
administered by the University in trust to meet the necessary
expenses of higher education programs, similar to prior
Federal land grants to the University.
(f) State and University Participation.--Nothing in this
section requires the State or the University--
(1) to participate in the program established under
subsection (b); or
(2) to enter into sales or exchanges of University-owned
inholdings under subsection (d).
(g) Congressional Notification.--Not later than 90 days
after the date of any conveyance and patent to the University
under this section, the Secretary shall notify the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives of the land conveyed and patented.
(h) No Effect on Alaska Statehood Act Entitlement.--Except
for any available State-selected land conveyed under
subsection (c) and charged against the remaining entitlement
of the State under section 6(b) of Public Law 85-508
(commonly known as the ``Alaska Statehood Act'') (48 U.S.C.
note prec. 21)--
(1) the operation of the program established under
subsection (b) shall not diminish or alter the rights of the
State to receive the entitlement of the State in any way; and
(2) the State may continue to pursue the transfer of the
remaining entitlement of the State under section 6(b) of
Public Law 85-508 (commonly known as the ``Alaska Statehood
Act'') (48 U.S.C. note prec. 21) at any time.
SEC. 303. BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY
ADJUSTMENTS.
(a) Wilderness Area Included in Mount Olympus Wilderness.--
Section 102(a) of the Utah Wilderness Act of 1984 (Public Law
98-428; 98 Stat. 1657; 16 U.S.C. 1132 note) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) certain lands in the Uinta-Wasatch-Cache National
Forest which comprise approximately 326.27 acres as generally
depicted on a map entitled the `Bonneville Shoreline Trail
[[Page H10377]]
Legislative Map' dated July 9, 2020, are, subject to valid
existing rights, hereby incorporated as part of the Mount
Olympus Wilderness designated under paragraph (3).''.
(b) Wilderness Boundary Adjustments.--
(1) Mount naomi wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness Act of
1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 1132 note)
is amended by adding at the end the following:
``(c) Mount Naomi Wilderness Boundary Adjustment.--Certain
lands in the Uinta-Wasatch-Cache National Forest which
comprise approximately 11.17 acres as generally depicted on a
map entitled the `Bonneville Shoreline Trail Legislative
Map', dated July 9, 2020, are hereby removed from the Mount
Naomi Wilderness designated under subsection (a)(1).''.
(B) Management.--The Mount Naomi Wilderness, as designated
under section 102(a)(1) of the Utah Wilderness Act of 1984
(Public Law 98-428; 98 Stat. 1658; 16 U.S.C. 1132 note) and
adjusted under subparagraph (A), effective beginning on the
date of enactment of this Act, shall be managed as part of
the Uinta-Wasatch-Cache National Forest.
(2) Mount olympus wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness Act of
1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 1132 note),
as amended by paragraph (1)(A), is amended by adding at the
end the following:
``(d) Mount Olympus Wilderness Boundary Adjustment.--
Certain lands in the Uinta-Wasatch-Cache National Forest
which comprise approximately 197.4 acres as generally
depicted on a map entitled the `Bonneville Shoreline Trail
Legislative Map', dated July 9, 2020, are hereby removed from
the Mount Olympus Wilderness designated under subsection
(a)(3).''.
(B) Management.--The Mount Olympus Wilderness, as
designated under section 102(a)(3) of the Utah Wilderness Act
of 1984 (Public Law 98-428; 98 Stat. 1658; 16 U.S.C. 1132
note) and adjusted under subparagraph (A), effective
beginning on the date of enactment of this Act, shall be
managed as part of the Uinta-Wasatch-Cache National Forest.
(3) Twin peaks wilderness boundary adjustment.--
(A) Adjustment.--Section 102 of the Utah Wilderness Act of
1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C. 1132 note),
as amended by paragraphs (1) and (2), is amended by adding at
the end the following:
``(e) Twin Peaks Wilderness Boundary Adjustment.--Certain
lands in the Uinta-Wasatch-Cache National Forest which
comprise approximately 9.8 acres as generally depicted on a
map entitled the `Bonneville Shoreline Trail Legislative
Map', dated July 9, 2020, are hereby removed from the Twin
Peaks Wilderness designated under subsection (a)(4).''.
(B) Management.--The Twin Peaks Wilderness, as designated
under section 102(a)(4) of the Utah Wilderness Act of 1984
(Public Law 98-428; 98 Stat. 1658; 16 U.S.C. 1132 note) and
adjusted under subparagraph (A), effective beginning on the
date of enactment of this Act, shall be managed as part of
the Uinta-Wasatch-Cache National Forest.
(4) Lone peak wilderness boundary adjustment.--
(A) Adjustment.--Section 2 of the Endangered American
Wilderness Act of 1978 (Public Law 95-237; 92 Stat. 42; 16
U.S.C. 1132 note) is amended--
(i) in subsection (j), by striking ``and'' at the end;
(ii) in subsection (k), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(l) certain lands in the Uinta-Wasatch-Cache National
Forest, Utah, which comprise approximately 107.9 acres as
generally depicted on a map entitled the `Bonneville
Shoreline Trail Legislative Map', dated July 9, 2020, are
hereby removed from the Lone Peak Wilderness Area designated
under subsection (i).''.
(B) Management.--The Lone Peak Wilderness Area, as
designated under section 2(i) of the Endangered American
Wilderness Act of 1978 (Public Law 95-237; 92 Stat. 42; 16
U.S.C. 1132 note) and adjusted under subparagraph (A),
effective beginning on the date of enactment of this Act,
shall be managed as part of the Uinta-Wasatch-Cache National
Forest.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any water right (as defined by applicable State
law) in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this Act; or
(4) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of enactment of
this Act.
(d) Map.--
(1) Map on file.--The map entitled the ``Bonneville
Shoreline Trail Legislative Map'', dated July 9, 2020, shall
be on file and available for inspection in the office of the
Chief of the Forest Service.
(2) Corrections.--The Secretary of Agriculture may make
technical corrections to the map described in paragraph (1).
SEC. 304. ARIZONA EXPERIMENT STATION LAND CONVEYANCE.
(a) Definitions.--In this section:
(1) Easement.--The term ``easement'' means an easement to
access and use Forest Service Road 9201D from its junction
with Forest Service Road 0618 (commonly known as ``Beaver
Creek'').
(2) Federal land.--The term ``Federal land'' means the
approximately 13.3 acres of National Forest System land
within the Coconino National Forest in the State of Arizona,
as generally depicted on the map entitled ``Act to Convey
Certain NFS Land and non-Federal Land in Arizona Winter
Quarters'' and dated June 20, 2019.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) University.--The term ``University'' means the Arizona
Board of Regents, acting on behalf of the University of
Arizona Experiment Station.
(b) Coconino National Forest Land Conveyance.--
(1) Conveyance authorized.--Subject to this subsection, if
the University submits to the Secretary not later than 180
days after the date of enactment of this Act a written
request to acquire the Federal land for market value, as
determined by the appraisal conducted under paragraph (4),
the Secretary shall, not later than 1 year after the date of
enactment of this Act, convey to the University all right,
title, and interest of the United States in and to that land,
including related infrastructure, improvements, and easements
on that land.
(2) Terms and conditions.--The conveyance authorized under
paragraph (1) shall be--
(A) subject to valid existing rights;
(B) notwithstanding any other provision of law; and
(C) subject to any other terms and conditions as considered
appropriate by the Secretary.
(3) Forest service access.--The Secretary shall retain all
other rights not included in the conveyance authorized under
paragraph (1) to Forest Service Road 9201D from its junction
with Forest Service Road 0618 (commonly known as ``Beaver
Creek''), including the maintenance of, and continued
administrative access to, that road.
(4) Appraisal.--
(A) In general.--Not later than 90 days after the date on
which the University submits a written request under
paragraph (1), the Secretary shall complete an appraisal to
determine the market value of the Federal land.
(B) Standards.--The appraisal under subparagraph (A) shall
be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
SEC. 305. WIND RIVER ADMINISTRATIVE SITE CONVEYANCE.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Skamania County,
Washington.
(2) Map.--The term ``map'' means the map entitled ``Wind
River Administrative Site Conveyance Proposal'' and dated
July 7, 2020.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(b) Conveyance of Land and Improvements.--If the County
submits a written request to the Secretary not later than 180
days after the date of enactment of this Act, the Secretary
shall, not later than 2 years after the date of the enactment
of this Act, convey to the County all right, title, and
interest of the United States in and to the approximately
23.4 acres of National Forest System land, related
infrastructure, and all improvements, as generally depicted
as ``proposed conveyance'' on the map.
(c) Map.--
(1) Availability of map.--The map shall be kept on file and
available for public inspection in the appropriate office of
the Forest Service.
(2) Correction of errors.--The Secretary may correct minor
errors in the map.
(d) Terms and Conditions.--
(1) In general.--The conveyance under subsection (b) shall
be--
(A) subject to valid existing rights;
(B) notwithstanding any other provision of law, made
without consideration;
(C) made by quitclaim deed;
(D) subject to a right-of-way and restrictive easement
reservation of a width to be determined by the Secretary, for
the protection of the Pacific Crest National Scenic Trail;
(E) completed in accordance with the Forest Service
Facility Realignment and Enhancement Act of 2005 (16 U.S.C.
580d note; Public Law 109-54), except that subsections (b)
and (c) of section 504 of that Act shall not apply;
(F) subject to right-of-way reservations made pursuant to
section 507 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1767);
(G) subject to the County managing a portion of the land
conveyed under subsection (b) for public recreational
purposes;
(H) subject to the County retaining ownership of the land
conveyed under subsection (b) in perpetuity; and
(I) subject to any other terms and conditions as the
Secretary determines appropriate.
(2) Reversion.--The land conveyed under subsection (b)
shall, at the discretion of the Secretary, revert to the
United States if--
(A) the land is used in a manner that is inconsistent with
the use described in paragraph (1)(G); or
(B) the County attempts to dispose of the land.
(e) Federal Property Disposal.--Chapter 5 of subtitle I of
title 40, United States Code, shall not apply to the
conveyance under subsection (b).
(f) Hazardous Materials.--With respect to the conveyance
under subsection (b), the Secretary--
(1) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120(h)
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)); and
[[Page H10378]]
(2) shall not otherwise be required to remediate or abate
the hazardous substances, pollutants, or contaminants
disclosed pursuant to paragraph (1).
(g) Closing Costs.--As a condition for the conveyance under
subsection (b), the County shall pay all closing costs
associated with the conveyance, including for--
(1) title insurance and title search; and
(2) any applicable inspection fees, escrow fees, attorneys'
fees, and recording fees.
(h) Survey.--
(1) In general.--The exact acreage and legal description of
the National Forest System land to be conveyed under
subsection (b) shall be determined by a survey satisfactory
to the Secretary.
(2) Costs of survey.--The Secretary may bear all costs
associated with the survey under paragraph (1).
(i) Use of Land.--
(1) In general.--The land and related infrastructure
conveyed under subsection (b) shall be maintained by the
County pursuant to standards established by the Secretary of
the Interior under section 306101 of title 54, United States
Code.
(2) Reversion.--If any portion of the land conveyed under
subsection (b) is used in a manner that is inconsistent with
the use described in paragraph (1), the land shall, at the
discretion of the Secretary, revert to the United States.
SEC. 306. RIGHT-OF-WAY PERMIT FOR NATURAL GAS DISTRIBUTION
MAIN SEGMENT AT VALLEY FORGE NHP.
(a) In General.--Notwithstanding any other provision of
law, the Secretary may issue a right-of-way permit pursuant
to part 14 of title 36, Code of Federal Regulations (as in
effect on the date of the enactment of this Act), for the
covered main segment if the covered main segment is relocated
to a proposed realignment of Valley Forge Park Road and North
Gulph Road within the Park.
(b) Scope of Authority.--The authority to grant a right-of-
way permit under subsection (a) shall apply only to the
covered main segment and shall not apply to any other part of
the natural gas distribution main system or any other
pipeline system within the Park.
(c) Definitions.--In this section:
(1) Covered main segment.--The term ``covered main
segment'' means the portions of the natural gas distribution
main (including all appurtenances used in the operation of
such main) within the Park--
(A) existing on the date of the enactment of this Act; and
(B) that are located under, along, or adjacent to the
segments of North Gulph Road and Valley Forge Park Road
(SR3039 and SR0023 respectively, as those roads were aligned
on January 21, 2022) that are between--
(i) the intersection of North Gulph Road with Richards
Road; and
(ii) a point on Valley Forge Park Road located 500 feet
northwest of its intersection with County Line Road.
(2) Park.--The term ``Park'' means Valley Forge National
Historical Park.
TITLE IV--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 401. DESIGNATION OF YORK WILD AND SCENIC RIVER, MAINE.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the
end the following:
``(231) York river, maine.--The following segments of the
main stem and tributaries (including portions of Bass Cove
Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon
Brook, Libby Brook, Rogers Brook, and Smelt Brook) in the
State of Maine, totaling approximately 30.8 miles, to be
administered by the Secretary of the Interior, as a
recreational river:
``(A) The approximately 0.95-mile segment of Bass Cove
Creek from the outlet of Boulter Pond in York, Maine, and
extending downstream to the confluence with the York River in
York, Maine.
``(B) The approximately 3.77-mile segment of Cider Hill
Creek from the Middle Pond dam in York, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(C) The approximately 2.15-mile segment of Cutts Ridge
Brook from the headwaters in Kittery, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(D) The approximately 3.17-mile segment of Dolly Gordon
Brook from the headwaters in York, Maine, and extending
downstream to the confluence with the York River in York,
Maine.
``(E) The approximately 1.65-mile segment of Libby Brook
from the headwaters in Kittery, Maine, and extending
downstream to the confluence with Dolly Gordon Brook in York,
Maine.
``(F) The approximately 2.43-mile segment of Rogers Brook
from the headwaters in Eliot, Maine, and extending downstream
to the confluence with the York River in York, Maine.
``(G) The approximately 4.54-mile segment of Smelt Brook
from the Bell Marsh Reservoir dam in York, Maine, and
extending downstream to the confluence with the York River in
York, Maine.
``(H) The approximately 12.14-mile segment of the York
River from the outlet of York Pond in Eliot, Maine, and
extending downstream to the Route 103 Bridge in York, Maine,
including Barrell Mill Pond in York, Maine.''.
(b) Management of York Wild and Scenic River, Maine.--
(1) Definitions.--In this subsection:
(A) Covered segment.--The term ``covered segment'' means a
river segment designated by paragraph (231) of section 3(a)
of the of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (a)).
(B) State.--The term ``State'' means the State of Maine.
(C) Stewardship committee.--The term ``Stewardship
Committee'' means the York River Stewardship Committee.
(D) Stewardship plan.--The term ``stewardship plan'' means
the plan entitled the ``York River Watershed Stewardship
Plan'', dated August 2018, and developed pursuant to the
study described in section 5(b)(21) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)(21)).
(2) Stewardship plan.--
(A) In general.--The Secretary shall manage the covered
segments in accordance with--
(i) the stewardship plan; and
(ii) any amendments to the stewardship plan that--
(I) the Secretary determines are consistent with this
section; and
(II) are approved by the Stewardship Committee.
(B) Comprehensive management plan.--The stewardship plan
shall be considered to satisfy the requirements for a
comprehensive management plan under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Coordination with committee.--The Secretary shall
coordinate the management responsibilities of the Secretary
under this section and the amendments made by this section
with the Stewardship Committee, as provided in the
stewardship plan.
(4) Cooperative agreements.--
(A) In general.--To provide for the long-term protection,
preservation, and enhancement of the covered segments, the
Secretary may enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e), 1282(b)(1)) with--
(i) the State;
(ii) the towns of Eliot, Kittery, South Berwick, and York
in the State; and
(iii) appropriate local, regional, or State planning,
environmental, or recreational organizations.
(B) Consistency.--Each cooperative agreement entered into
under this paragraph--
(i) shall be consistent with the stewardship plan; and
(ii) may include provisions for Federal financial or other
assistance.
(5) Land management.--
(A) Zoning ordinances.--For the purposes of the covered
segments, the zoning ordinances adopted by the towns
described in paragraph (4)(A)(ii), including any provisions
for the conservation of floodplains, wetlands, and
watercourses associated with the covered segments, shall be
considered to satisfy the requirements of section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(B) Acquisition of land.--The authority of the Secretary to
acquire land for the purposes of the covered segments shall
be--
(i) limited to acquisition by donation or acquisition with
the consent of the owner of the land; and
(ii) subject to the additional criteria provided in the
stewardship plan.
(C) No condemnation.--No land or interest in land within
the watersheds of the covered segments may be acquired by
condemnation.
(6) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the covered segments shall not be--
(A) administered as a unit of the National Park System; or
(B) subject to the laws (including regulations) applicable
to the National Park System.
SEC. 402. DESIGNATION OF HOUSATONIC WILD AND SCENIC RIVER,
CONNECTICUT.
(a) Amendments to Wild and Scenic Rivers Act.--Section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
amended by section 401(a)) is amended by adding at the end
the following:
``(232) Housatonic river, connecticut.--
``(A) In general.--The following segments of the Housatonic
River in the State of Connecticut, to be administered by the
Secretary of the Interior:
``(i) The approximately 14.9-mile segment from the
Massachusetts-Connecticut boundary to the covered bridge in
West Cornwall, as a scenic river.
``(ii) The approximately 4.1-mile segment from the covered
bridge in West Cornwall to the Cornwall Bridge, as a
recreational river.
``(iii) The approximately 9.1-mile segment from the
Cornwall Bridge to the Route 341 bridge in Kent, as a scenic
river.
``(iv) The approximately 12.2-mile segment from the Route
341 bridge in Kent to the Boardman Bridge in New Milford, as
a recreational river.
``(B) Effects on hydroelectric facilities.--The designation
of the river segments in subparagraph (A) shall not--
``(i) impact or alter the existing terms of permitting,
licensing, or operation of--
``(I) the Falls Village Hydroelectric Generating Station
located in Falls Village, Connecticut (FERC P-2576); or
``(II) the Bulls Bridge Hydroelectric Generating Station
located in New Milford, Connecticut (FERC P-2576); or
``(ii) preclude the Federal Energy Regulatory Commission
from licensing, relicensing, or otherwise authorizing the
operation or continued operation of the facilities named in
clause (i).''.
(b) Management.--
(1) Process.--The Housatonic River segments shall be
managed in accordance with--
(A) the Management Plan; and
(B) such amendments to the Management Plan as the Secretary
determines are consistent with this section and the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.).
(2) Comprehensive management plan.--The Management Plan
shall be considered to satisfy the requirements for a
comprehensive management plan under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
[[Page H10379]]
(3) Cooperative management.--
(A) In general.--To provide for long-term protection,
preservation, and enhancement of the Housatonic River
segments, the Secretary shall coordinate management
responsibilities under this section, and may enter into
cooperative agreements pursuant to sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)
and 1282(b)(1)), with--
(i) the State of Connecticut;
(ii) the towns of Sharon, Canaan, Cornwall, Salisbury, New
Milford, Kent, and North Canaan, Connecticut; and
(iii) appropriate planning, environmental, and recreational
organizations, including--
(I) local, regional, State, and multistate organizations;
and
(II) any other appropriate organizations, as determined by
the Housatonic River Commission, or its successor
organization, as defined in the Management Plan.
(B) Cooperative agreements.--Each cooperative agreement
entered into under this paragraph shall be consistent with
the Management Plan and may include provisions for financial
or other assistance from the United States.
(4) Zoning ordinances.--For the purposes of the Housatonic
River segments, the zoning ordinances adopted by the
municipalities named in paragraph (3)(A)(ii) shall be deemed
to satisfy the standards and requirements of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(5) Acquisition of lands.--The authority of the Secretary
to acquire land for the Housatonic River segments shall be--
(A) limited to acquisition by donation or acquisition with
the consent of the owner thereof; and
(B) subject to the additional criteria set forth in the
Management Plan.
(6) No condemnation.--No land or interest in land may be
acquired for the Housatonic River segments by condemnation.
(7) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Housatonic River segments shall not be--
(A) administered as a part or unit of the National Park
System; or
(B) subject to regulations that govern the National Park
System.
(8) Definitions.--In this subsection:
(A) Management plan.--The term ``Management Plan'' means
the Housatonic River Management Plan, dated September 2006.
(B) Housatonic river segments.--The term ``Housatonic River
segments'' means the river segments designated by the
amendments made by subsection(a).
SEC. 403. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER
SEGMENTS, LITTLE MANATEE RIVER, FLORIDA.
(a) In General.--Section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) is amended by adding at the end the
following:
``(145) Little manatee river, florida.--The approximately
50-mile segment beginning at the source in southeastern
Hillsborough County, Florida, downstream to the point at
which the river enters Tampa Bay, including appropriate
tributaries, but shall not include--
``(A) those portions lying within Manatee County, Florida,
and being more particularly described as Parcel ID 247800059,
Parcel ID 248200008, and Parcel ID 248100000; and
``(B) South Fork.''.
(b) Study and Report.--Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the
end the following:
``(22) Little manatee river, florida.--Not later than 3
years after the date on which funds are made available to
carry out this paragraph, the Secretary of the Interior
shall--
``(A) complete the study of the Little Manatee River,
Florida named in subsection (a)(145); and
``(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the results of the study.''.
(c) Effect on Management.--This section and the amendments
made by this section shall not interfere with the current
management of the area of the Little Manatee River described
in paragraph (145) of section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)), nor shall the fact that such
area is listed for study under that Act be used as
justification for more restrictive management until Congress
acts on the study recommendations.
SEC. 404. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER
SEGMENTS, KISSIMMEE RIVER, FLORIDA.
(a) In General.--Section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) (as amended by section 403(a)) is
amended by adding at the end the following:
``(146) Kissimmee river, florida.--The restored segment of
the Kissimmee River, beginning approximately 16 miles
downstream of Lake Kissimmee and ending approximately 15
miles upstream of Lake Okeechobee.''.
(b) Studies and Reports.--Section 5(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(b)) (as amended by section
403(b)) is amended by adding at the end the following:
``(23) Kissimmee river, florida.--Not later than 3 years
after the date on which funds are made available to carry out
this paragraph, the Secretary of the Interior shall--
``(A) complete the study of the Kissimmee River, Florida
named in paragraph (146) of subsection (a); and
``(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the results of the study.''.
(c) Effect on Management.--This section and the amendments
made by this section shall not interfere with the current
management of the area of the Kissimmee River described in
paragraph (146) of section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)), nor shall the fact that such area is
listed for study under that Act be used as justification for
more restrictive management until Congress acts on the study
recommendations.
TITLE V--NATIONAL TRAILS SYSTEM
SEC. 501. DESIGNATION OF THE CHILKOOT NATIONAL HISTORIC
TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:
``(31) Chilkoot national historic trail.--
``(A) In general.--The Chilkoot National Historic Trail, an
approximately 16.5-mile route within the Klondike Gold Rush
National Historical Park that was traditionally used as a
trading route by the Tlingit Indian Tribe and Tagish First
Nation and as a gold rush route, as generally depicted on the
map entitled `Proposed Chilkoot National Historic Trail',
numbered KLGO-461-173787, and dated October 2020.
``(B) Availability of map.--The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
``(C) Administration.--The Chilkoot National Historic Trail
shall be administered by the Secretary of the Interior.
``(D) Effect.--The designation of the Chilkoot National
Historic Trail shall not affect any authorities under Public
Law 94-323 (16 U.S.C. 410bb et seq.).
``(E) Coordination of activities.--The Secretary of the
Interior may coordinate with public and nongovernmental
organizations and institutions of higher education in the
United States and Canada, Alaska Native Corporations, and, in
consultation with the Secretary of State, the Government of
Canada and any political subdivisions of the Government of
Canada for the purposes of--
``(i) exchanging information and research relating to the
Chilkoot National Historic Trail;
``(ii) supporting the preservation of, and educational
programs relating to, the Chilkoot National Historic Trail;
``(iii) providing technical assistance with respect to the
Chilkoot National Historic Trail; and
``(iv) working to establish an international historic trail
incorporating the Chilkoot National Historic Trail that
provides for complementary preservation and education
programs in the United States and Canada.''.
SEC. 502. ALASKA LONG NATIONAL SCENIC TRAIL STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following:
``(48) Alaska long trail.--
``(A) In general.--The Alaska Long Trail, extending
approximately 500 miles from Seward, Alaska, to Fairbanks,
Alaska.
``(B) Requirement.--The Secretary of the Interior (referred
to in this paragraph as the `Secretary') shall study the
feasibility of designating the trail described in
subparagraph (A), including evaluating the potential impacts
of the trail on rights-of-way, existing rights, or other
recreational uses of the land proposed to be used for the
trail.
``(C) Consultation.--The Secretary shall conduct the study
under this paragraph in consultation with--
``(i) the Secretary of Agriculture, acting through the
Chief of the Forest Service;
``(ii) the State of Alaska;
``(iii) units of local government in the State of Alaska;
``(iv) Alaska Native Corporations; and
``(v) representatives of the private sector, including any
entity that holds a permit issued by the Federal Energy
Regulatory Commission.''.
SEC. 503. BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) (as amended by section 502) is amended by adding at
the end the following:
``(49) Buckeye trail.--The Buckeye Trail, a system of
trails creating a loop extending approximately 1,454 miles
from Lake Erie to the Ohio River, through the farmland of
northwest Ohio, the hills of Appalachia, the Black Hand
sandstone cliffs of the Hocking Hills region, and the
Bluegrass region of southwest Ohio.''.
TITLE VI--NATIONAL PARK SERVICE PROVISIONS
Subtitle A--Additions to the National Park System
SEC. 601. NEW PHILADELPHIA NATIONAL HISTORIC SITE.
(a) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
New Philadelphia National Historic Site established by
subsection (b)(1).
(2) State.--The term ``State'' means the State of Illinois.
(b) Establishment of New Philadelphia National Historic
Site.--
(1) Establishment.--There is established in the State as a
unit of the National Park System the New Philadelphia
National Historic Site.
(2) Purpose.--The purpose of the historic site is to
protect, preserve, and interpret the historic resources
associated with the town of New Philadelphia, the first town
in the United States planned and legally registered by a free
African American before the Civil War.
(3) Boundary.--The historic site shall consist of the
approximately 124.33 acres of land within the boundary
generally depicted as ``Proposed Boundary'' on the map
prepared by the National Park Service entitled ``New
Philadelphia National Historic Site Proposed Boundary'',
numbered 591/176,516, and dated July 2021.
(c) Administration.--
(1) In general.--The Secretary shall administer land within
the boundary of the historic site in accordance with--
[[Page H10380]]
(A) this section; and
(B) the laws generally applicable to units of the National
Park System, including--
(i) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54, United
States Code; and
(ii) chapter 3201 of title 54, United States Code.
(2) Cooperative agreements.--
(A) In general.--The Secretary may enter into cooperative
agreements with the State or other public and private
entities--
(i) to coordinate preservation and interpretation
activities within the historic site; and
(ii) to identify, interpret, and provide assistance for the
preservation and interpretation of non-Federal land within
the boundary of the historic site and at sites in close
proximity to the historic site that are located outside the
boundary of the historic site.
(B) Public access.--Any cooperative agreement entered into
under subparagraph (A) to provide assistance to non-Federal
land shall provide for reasonable public access to the non-
Federal land.
(3) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the Secretary
may acquire land and interests in land for inclusion in the
historic site by--
(i) donation;
(ii) purchase with donated or appropriated funds; or
(iii) exchange.
(B) Limitation.--Any land owned by the State or a political
subdivision of the State may be acquired for inclusion in the
historic site only by donation.
(4) Technical and preservation assistance.--The Secretary
may provide public interpretation and technical assistance
for the preservation of historic structures of, the
maintenance of the cultural landscape of, and local
preservation planning for, related historic and cultural
resources within the boundaries of the historic site.
(5) Management plan.--Not later than 3 fiscal years after
the date on which funds are first made available to carry out
this section, the Secretary, in consultation with the State,
shall complete a general management plan for the historic
site in accordance with--
(A) section 100502 of title 54, United States Code; and
(B) any other applicable laws.
Subtitle B--Modifications to Existing Units of the National Park System
SEC. 611. SUNSET CRATER VOLCANO NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
approximately 97.71 acres of Forest Service land identified
as ``Proposed transfer from USDA Forest Service to National
Park Service'' on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Sunset
Crater Volcano National Monument Draft Proposed Boundary
Adjustment'', numbered 039/80,053d, and dated January 2021.
(3) Monument.--The term ``Monument'' means the Sunset
Crater Volcano National Monument established by Presidential
Proclamation 1911 (54 U.S.C. 320301 note; 46 Stat. 3023) and
redesignated by section 15 of the Smith River National
Recreation Area Act (Public Law 101-612; 104 Stat. 3222).
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the National Park Service.
(b) Sunset Crater Volcano National Monument Boundary
Modification.--
(1) Transfer of administrative jurisdiction to national
park service.--Administrative jurisdiction over the Federal
land is transferred from the Forest Service to the National
Park Service.
(2) Map availability.--The Map shall be on file and
available for inspection in the appropriate offices of the
National Park Service.
(3) Boundary modification.--The boundary of the Monument is
modified to include the Federal land.
(4) Administration.--Subject to valid existing rights, the
Secretary shall administer the Federal land added to the
Monument under paragraph (3)--
(A) as part of the Monument; and
(B) in accordance with applicable laws (including
regulations).
SEC. 612. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL
HISTORICAL PARK.
(a) Nystrom Elementary School Addition.--Section 2 of the
Rosie the Riveter/World War II Home Front National Historical
Park Establishment Act of 2000 (16 U.S.C. 410ggg) is amended
by striking subsection (b) and inserting the following:
``(b) Areas Included.--
``(1) In general.--The boundaries of the park shall
include--
``(A)(i) the areas generally depicted on the map entitled
`Proposed Boundary Map, Rosie the Riveter/World War II Home
Front National Historical Park', numbered 963/80,000, and
dated May 2000; and
``(ii) the areas depicted as the `Proposed Boundary
Addition' on the map entitled `Rosie the Riveter/World War II
Home Front National Historical Park Proposed Boundary
Addition', numbered 499/168,353, and dated May 2020; and
``(B) any other historic properties identified by the
Secretary as appropriate for addition to the park, subject to
the requirement that a historic property proposed for
addition to the park shall--
``(i) be determined to be eligible for listing in the
National Register of Historic Places;
``(ii) have a direct connection to World War II home front
themes in Richmond, California; and
``(iii) relate to the purpose, significance, and
interpretive themes of the park.
``(2) Availability of maps.--The maps referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.''.
(b) Administration.--Section 3(a) of the Rosie the Riveter/
World War II Home Front National Historical Park
Establishment Act of 2000 (16 U.S.C. 410ggg-1(a)) is amended
by adding at the end the following:
``(3) Nystrom elementary school.--Nothing in this Act
affects the authority of the West Contra Costa Unified School
District to administer Nystrom Elementary School.''.
(c) Cooperative Agreements.--Section 3(b) of the Rosie the
Riveter/World War II Home Front National Historical Park
Establishment Act of 2000 (16 U.S.C. 410ggg-1(b)) is amended
by adding at the end the following:
``(3) West contra costa unified school district.--
``(A) In general.--The Secretary may enter into cooperative
agreements with the West Contra Costa Unified School District
and other appropriate public and private agencies,
organizations, and institutions to carry out the purposes of
this Act.
``(B) Visitor interpretation.--The Secretary shall
coordinate visitor interpretation of the Nystrom Elementary
School site with the West Contra Costa Unified School
District.''.
SEC. 613. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2018, section 8 of Public Law 87-
126 (16 U.S.C. 459b-7) is amended--
(1) in subsection (a), in the second sentence, by striking
``2018'' and inserting ``2029'';
(2) by striking subsection (g); and
(3) by redesignating subsection (h) as subsection (g).
SEC. 614. CANE RIVER CREOLE NATIONAL HISTORICAL PARK BOUNDARY
MODIFICATION.
Section 303(b) of the Cane River Creole National Historical
Park and National Heritage Area Act (16 U.S.C. 410ccc-1(b))
is amended by adding at the end the following:
``(5) The approximately 46.1 acres of land identified as
`Proposed Addition', as generally depicted on the map
entitled `Cane River Creole National Historical Park Proposed
Addition--Magnolia Plantation Unit', numbered 494/176,958,
and dated October 2021.''.
SEC. 615. USE OF CERTAIN ROADS WITHIN THE DELAWARE WATER GAP
NATIONAL RECREATION AREA.
Section 4(b) of the Delaware Water Gap National Recreation
Area Improvement Act (Public Law 109-156; 119 Stat. 2948; 131
Stat. 2246) is amended, in the matter preceding paragraph
(1), by striking ``Until'' and all that follows through
``subsection (a)'' and inserting ``Until September 30, 2026,
subsection (a)''.
SEC. 616. WILSON'S CREEK NATIONAL BATTLEFIELD BOUNDARY
MODIFICATION.
Section 1(b) of Public Law 86-434 (16 U.S.C. 430kk(b)) is
amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking ``The map'' and
inserting the following:
``(C) Availability of maps.--The maps described in
subparagraphs (A) and (B)'';
(B) by striking ``(1) The boundaries'' and inserting the
following:
``(1) Additional land.--
``(A) In general.--The boundaries'';
(C) by inserting after subparagraph (A) (as so designated)
the following:
``(B) Newtonia battlefield addition.--The boundary of the
Wilson's Creek National Battlefield is revised to include the
approximately 25 acres of land identified as `Proposed
Addition' on the map entitled `Wilson's Creek National
Battlefield Proposed Boundary Modification', numbered 410/
177,379, and dated July 2022.''; and
(D) by adding at the end the following:
``(D) Errors.--The Secretary of the Interior may correct
any clerical or typographical error in a map described in
subparagraph (A) or (B).''; and
(2) in paragraph (2)--
(A) by striking ``(2) The Secretary is authorized to
acquire the lands referred to in paragraph (1)'' and
inserting the following:
``(2) Method of acquisition.--The Secretary of the Interior
may acquire the land described in subparagraphs (A) and (B)
of paragraph (1)''; and
(B) in the second sentence, by striking ``the park'' and
inserting ``Wilson's Creek National Battlefield''.
SEC. 617. STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY
REVISION.
(a) Definitions.--Section 7134(a) of the Energy and Natural
Resources Act of 2017 (as enacted into law by section
121(a)(2) of division G of the Consolidated Appropriations
Act, 2018 (Public Law 115-141; 16 U.S.C. 410xxx(a)(3))) is
amended--
(1) in paragraph (3), by striking ``numbered 571/149,942,
and dated December 2018'' and inserting ``numbered 571/
177,464, and dated September 2021'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.''.
(b) Authority To Correct Errors in Map.--Section 7134(d) of
the Energy and Natural Resources Act of 2017 (as enacted into
law by section 121(a)(2) of division G of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 16 U.S.C.
410xxx(d))) is amended--
(1) by striking ``The Map'' and inserting the following:
``(1) In general.--The Map''; and
(2) by adding at the end the following:
``(2) Authority to correct errors.--The Secretary may
correct any clerical or typographical errors in the Map.''.
[[Page H10381]]
(c) Visitor Center and Administrative Facilities.--Section
7134(e) of the Energy and Natural Resources Act of 2017 (as
enacted into law by section 121(a)(2) of division G of the
Consolidated Appropriations Act, 2018 (Public Law 115-141; 16
U.S.C. 410xxx(e))) is amended by adding at the end the
following:
``(3) Visitor center.--The Secretary--
``(A) may acquire, by donation, the land (including any
improvements to the land) owned by the city of Ste.
Genevieve, Missouri, and used as the visitor center for the
Historical Park, as generally depicted on the Map as
`Proposed Boundary Addition'; and
``(B) on acquisition of the land described in subparagraph
(A), shall revise the boundary of the Historical Park to
include the acquired land.
``(4) Administrative facilities.--The Secretary may
acquire, by purchase from a willing seller or by donation,
not more than 20 acres of land in the vicinity of the
Historical Park for administrative facilities for the
Historical Park.''.
SEC. 618. CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR
AFFORDABLE WORKFORCE HOUSING.
Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) is
amended by striking ``by any town which so desires'' in the
first sentence and all that follows through the period at the
end of paragraph (2) and inserting the following: ``for
affordable workforce housing to benefit the towns on Mount
Desert Island, subject to the limitation that the Secretary
may retain not more than 15 acres of the Federal land
identified as `4DBH' on the map, to be used by the Secretary
to provide housing and administrative facilities for the use
of, and supporting the purposes of, the Park.''.
SEC. 619. DESIGNATION OF PULLMAN NATIONAL HISTORICAL PARK.
(a) Definitions.--In this section:
(1) Historical park.--The term ``historical park'' means
the Pullman National Historical Park.
(2) Map.--The term ``map'' means the map entitled ``Pullman
National Historical Park Boundary'', numbered 590/125,485,
and dated November 2021.
(b) Redesignation of Pullman National Monument.--
(1) In general.--The Pullman National Monument, established
by Proclamation Number 9233, dated February 19, 2015, is
redesignated as the ``Pullman National Historical Park''.
(2) Availability of funds.--Any funds available for
purposes of the Pullman National Monument shall be available
for purposes of the historical park.
(3) References.--Any references in a law, regulation,
document, record, map, or other paper of the United States to
the Pullman National Monument shall be considered to be a
reference to the historical park.
(4) Proclamation.--Proclamation Number 9233, dated February
19, 2015, shall have no force or effect.
(c) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret Pullman's nationally
significant cultural and historical resources associated
with--
(1) the labor history of the United States and creation of
a national Labor Day holiday;
(2) the first planned industrial community in the United
States;
(3) the architecture and landscape design of the planned
community;
(4) the pivotal role of the Pullman porter in the rise of
the African-American middle class; and
(5) the entirety of history, culture, and historic figures
embodied in Presidential Proclamation Number 9233.
(d) Administration.--The Secretary shall administer the
land within the boundary of the historical park in accordance
with--
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United
States Code; and
(B) chapter 3201 of title 54, United States Code.
(e) Cooperative Agreements.--
(1) In general.--To further the purposes of this section
and notwithstanding chapter 63 of title 31, United States
Code, the Secretary may enter into cooperative agreements
with the State of Illinois, other public and nonprofit
entities, and other interested parties, subject to paragraph
(2)--
(A) to support collaborative interpretive and educational
programs at non-Federal historic properties within the
boundaries of the historical park; and
(B) to identify, interpret, and provide assistance for the
preservation of non-Federal land within the boundaries of the
historical park and at sites in close proximity to the
historical park, but located outside the boundaries of the
historical park, including providing for placement of
directional and interpretive signage, exhibits, and
technology-based interpretive devices.
(2) Public access.--A cooperative agreement entered under
this subsection shall provide for reasonable public access.
(f) Use of Funds.--
(1) In general.--The Secretary may use appropriated funds
to mark, interpret, improve, restore, and provide technical
assistance with respect to the preservation and
interpretation of the properties.
(2) Inconsistent purposes.--Any payment made by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of the
project for purposes that are inconsistent with the purposes
of this section, as determined by the Secretary, shall result
in a right of the United States to reimbursement of the
greater of--
(A) the amount provided by the Secretary to the project;
and
(B) an amount equal to the increase in the value of the
project that is attributable to the funds, as determined by
the Secretary at the time of the conversion, use, or
disposal.
(g) Acquisition of Land.--The Secretary may acquire for
inclusion in the historical park any land (including
interests in land), buildings, or structures owned by the
State of Illinois, or any other political, private, or
nonprofit entity by donation, transfer, exchange, or purchase
from a willing seller.
(h) Management Plan.--Not later than 3 fiscal years after
the date on which funds are first made available to carry out
this section, the Secretary shall complete a management plan
for the historical park.
SEC. 620. PALO ALTO BATTLEFIELD NATIONAL HISTORIC PARK
BOUNDARY ADDITION.
(a) Boundary.--Section 3(b)(2) of the Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 410nnn-1(b)(2))
is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) In addition to the land described in paragraph (1),
the historical park shall consist of--
``(I) the approximately 34 acres of land, as generally
depicted on the map entitled `Palo Alto Battlefield NHS
Proposed Boundary Expansion', numbered 469/80,012, and dated
May 21, 2008; and
``(II) on the date that such land is donated to the United
States, the approximately 166.44 acres of land generally
depicted on the map entitled `PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK Proposed Boundary Addition, Fort Brown Unit',
numbered 469/143,589, and dated April 2018.
``(ii) Before accepting any donated land described in this
subparagraph, the Secretary shall complete a boundary study
analyzing the feasibility of adding the land to the national
historical park.
``(iii) If a boundary study completed under clause (ii)
finds that acceptance of the donated land is feasible and
appropriate, the Secretary may accept such land and
administer the land as part of the historical park after
providing notice of such finding to Congress.''; and
(2) in subparagraph (B)--
(A) in the heading, by striking ``map'' and inserting
``maps''; and
(B) by striking ``map'' and inserting ``maps''.
(b) Legal Description.--Section 3(b)(3) of the Palo Alto
Battlefield National Historic Site Act of 1991 (16 U.S.C.
410nnn-1(b)(3)) is amended by striking ``after'' and all that
follows through ``Secretary of the Interior'' and inserting
``after the addition of lands to the historic park boundary,
the Secretary of the Interior''.
SEC. 621. INSTALLATION OF PLAQUE COMMEMORATING SLAVE
REBELLION ON ST. JOHN.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall install, in an
appropriate location in the area of the Ram Head trail at the
peak of Ram Head in the Virgin Islands National Park on St.
John, United States Virgin Islands, a suitable plaque to
commemorate the slave rebellion that began on St. John on
November 23, 1733.
(b) Contents of Plaque.--The plaque installed under
subsection (a) shall include information regarding--
(1) important facts about the slave rebellion that began on
St. John in 1733;
(2) the collective suicide that occurred during the slave
rebellion in the vicinity of Ram Head on St. John in 1734;
and
(3) the significance of the slave rebellion to the history
of St. John, the United States Virgin Islands, and the United
States.
Subtitle C--National Park Service Studies
SEC. 631. SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.
(a) Definition of Study Area.--In this section, the term
``study area'' means the John P. Parker House in Ripley,
Ohio, which was recognized as a National Historic Landmark in
1997.
(b) Study.--
(1) In general.--The Secretary shall conduct a special
resource study of the study area to determine the suitability
and feasibility of establishing the John P. Parker House in
Ripley, Ohio, as a unit of the National Park System.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives described in subparagraphs
(B) and (C).
(3) Study requirements.--The Secretary shall conduct the
study in accordance with section 100507 of title 54, United
States Code.
(4) Report.--Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(A) the results of the study; and
[[Page H10382]]
(B) any recommendations of the Secretary.
SEC. 632. DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.
(a) Definition of Study Area.--In this section, the term
``study area'' means the site known as ``Dearfield'', in Weld
County, Colorado, which was a historically black agricultural
settlement founded by Oliver Toussaint Jackson.
(b) Study.--
(1) In general.--The Secretary shall conduct a special
resource study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives described in subparagraphs
(B) and (C).
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(c) Report.--Not later than 3 years after the date on which
funds are first made available to carry out the study under
subsection (b)(1), the Secretary shall submit to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
SEC. 633. SPECIAL RESOURCE STUDY OF LYNCHING LOCATIONS.
(a) Definition of Study Area.--In this section, the term
``study area'' means sites within approximately 100 miles of
Memphis, Tennessee, at which lynchings took place, including
the lynching sites of--
(1) Wash Henley in 1869;
(2) Christopher Bender and Bud Whitfield in 1868;
(3) Thomas Moss, Will Stewart, and Calvin McDowell in 1892
during the event referred to as ``The People's Grocery
Lynchings'';
(4) Lee Walker in 1893;
(5) Warner Williams, Daniel Hawkins, Robert Haynes, Edward
Hall, John Hayes, and Graham White in 1894;
(6) Ell Persons in 1917;
(7) Jesse Lee Bond in 1939; and
(8) Elbert Williams in 1940.
(b) Study.--The Secretary shall conduct a special resource
study of the study area.
(c) Contents.--In conducting the special resource study
under subsection (b), the Secretary shall--
(1) evaluate the national significance of the study area;
(2) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(4) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested persons; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(d) Applicable Law.--The special resource study required
under subsection (b) shall be conducted in accordance with
section 100507 of title 54, United States Code.
(e) Report.--Not later than 3 years after the date on which
funds are made available to carry out this section, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes--
(1) the results of the special resource study required
under subsection (b); and
(2) any recommendations of the Secretary.
SEC. 634. RESOURCE STUDY OF THE LOS ANGELES COASTAL AREA,
CALIFORNIA.
(a) Definition of Study Area.--In this section, the term
``study area'' means the coastline and adjacent areas to the
Santa Monica Bay from Will Rogers State Beach to Torrance
Beach, including the areas in and around Ballona Creek and
the Baldwin Hills and the San Pedro section of the City of
Los Angeles, excluding the Port of Los Angeles north of
Crescent Avenue.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that
describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.
Subtitle D--National Park Service Programs
SEC. 641. ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES OF
HISTORIC PRESERVATION TRAINING CENTER.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Historic
Preservation Training Center and related facilities of the
National Park Service in Frederick County, Maryland.
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director of the National Park Service.
(b) Authorization of Acquisition.--To further develop the
Center in accordance with section 305306 of title 54, United
States Code, the Secretary may acquire not more than 20 acres
of land or interests in land in Frederick County, Maryland,
for the Center for the purpose of supporting the physical
space, program initiatives, and workforce development
capacity of the Center.
(c) Method of Acquisition.--Land or an interest in land for
the Center may only be acquired under subsection (b) by
donation, transfer, exchange, or purchase from a willing
seller using donated or appropriated funds.
(d) Administration of Acquired Land.--On acquisition of
land or an interest in land for the Center under subsection
(b), the acquired land or interest in land shall be
administered by the Secretary for the purpose described in
subsection (b).
SEC. 642. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR
VETERANS' SPECIAL EVENTS.
(a) Definitions.--In this section:
(1) Member of a gold star family.--The term ``member of a
Gold Star Family'' means any individual that meets the
eligibility requirements of section 3.2 of Department of
Defense Instruction 1348.36 (or a successor instruction).
(2) Special events.--The term ``special events'' has the
meaning given the term in section 7.96(g)(1) of title 36,
Code of Federal Regulations (or a successor regulation).
(3) The district of columbia and its environs.--The term
``the District of Columbia and its environs'' has the meaning
given the term in section 8902(a) of title 40, United States
Code.
(4) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(5) Veterans' special event.--The term ``veterans' special
event'' means a special event at which the majority of
attendees are veterans or members of Gold Star Families.
(6) War memorial.--The term ``war memorial'' means any
memorial or monument that has been erected or dedicated to
commemorate a military unit, military group, war, conflict,
victory, or peace.
(b) Waiver.--The application fee for any application for a
special use permit, the sole purpose of which is to hold a
veterans' special event at a war memorial on land
administered by the National Park Service in the District of
Columbia and its environs, shall be waived.
(c) Applicability of Existing Laws.--Notwithstanding
subsection (b), an applicant for a special use permit
described in that subsection shall be subject to any other
law (including regulations) or policy applicable to the
application, issuance, or execution of the special use
permit.
(d) Applicability.--This section shall apply to any special
use permit application submitted after the date of enactment
of this Act.
SEC. 643. UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS
PRESERVATION PROGRAM.
(a) Establishment.--Subdivision 1 of division B of subtitle
III of title 54, United States Code, is amended by inserting
after chapter 3085 the following:
``CHAPTER 3086--UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS
PRESERVATION PROGRAM
``Sec.
``308601. Definitions.
``308602. United States African-American Burial Grounds Preservation
Program.
``308603. Authority to make grants.
``308604. Cooperative agreements and memoranda of understanding.
``308605. Private property protection.
``Sec. 308601. Definitions
``In this chapter:
``(1) Burial ground.--The term `burial ground' means any
natural or prepared physical location, whether originally
below, on, or above the surface of the earth, into which
human remains are deposited as a part of the death rite or
ceremony of a culture.
``(2) Historic.--The term `historic', with respect to a
property, means a property that can reasonably be considered
to date back at least 50 years.
``(3) Program.--The term `Program' means the United States
African-American Burial Grounds Preservation Program
established under section 308602(a).
[[Page H10383]]
``Sec. 308602. United States African-American Burial Grounds
Preservation Program
``(a) In General.--The Secretary shall establish within the
Service, in accordance with this chapter, a program to be
known as the `United States African-American Burial Grounds
Preservation Program'.
``(b) Duties of Secretary.--In carrying out the Program,
the Secretary, in consultation with the National Trust for
Historic Preservation and members of the African-American
heritage community, shall develop a program for the provision
of grants in accordance with section 308603(a).
``(c) Donations.--The Secretary may accept monetary
donations to further the purposes of this chapter.
``(d) Consent of Private Property Owner Required.--Burial
grounds shall only be considered for a grant under the
Program--
``(1) with the consent of the property owner; and
``(2) at the request of an individual, landowner, private
or nonprofit organization, State, Tribal, or local
government, or other entity.
``Sec. 308603. Authority to make grants
``(a) In General.--The Secretary may make grants to other
Federal agencies, State, local, and Tribal governments, other
public entities, educational institutions, historic
preservation groups, and private nonprofit organizations in
accordance with this chapter for--
``(1) the identification of historic African-American
burial grounds that may qualify for the Program;
``(2) the preservation and restoration of African-American
burial grounds;
``(3) the interpretation of African-American burial
grounds; and
``(4) related research and documentation for historic
African-American burial grounds.
``(b) Funding.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out this section $3,000,000 for
each of fiscal years 2023 through 2027.
``(2) Availability.--Any amounts made available for a
fiscal year under paragraph (1) that are not used during that
fiscal year shall be available for use under this section
during any subsequent fiscal year.
``Sec. 308604. Cooperative agreements and memoranda of
understanding
``The Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical
assistance to, the heads of other Federal agencies, States,
units of local government, Tribal governments, regional
governmental bodies, nonprofit organizations, educational
institutions, and private entities--
``(1) to achieve the purposes of this chapter; and
``(2) to ensure effective coordination of the Federal
elements and non-Federal elements provided a grant or other
assistance under the Program with System units and programs
of the Service.
``Sec. 308605. Private property protection
``Nothing in this chapter--
``(1) authorizes the Secretary to require or affect the
management or use of private property without the written
consent of the owner of the private property;
``(2) prohibits the Secretary from providing land
management guidance or requirements relating to private
property as a condition of a grant provided to the owner of
the private property under this chapter; or
``(3) shall be construed as creating any new regulatory
burden on any Federal, State, Tribal, or private entity.''.
(b) Clerical Amendment.--The table of chapters for title
54, United States Code, is amended by inserting after the
item relating to chapter 3085 the following:
``3086. United States African-American Burial Grounds Preservation
Program...............................................308601''.....
SEC. 644. NORMAN Y. MINETA JAPANESE AMERICAN CONFINEMENT
EDUCATION GRANTS.
Public Law 109-441 (120 Stat. 3289) is amended--
(1) in section 2, by adding at the end the following:
``(4) Japanese american confinement education grants.--The
term `Japanese American Confinement Education Grants' means
competitive grants, awarded through the Japanese American
Confinement Sites Program, for Japanese American
organizations to educate individuals, including through the
use of digital resources, in the United States on the
historical importance of Japanese American confinement during
World War II, so that present and future generations may
learn from Japanese American confinement and the commitment
of the United States to equal justice under the law.
``(5) Japanese american organization.--The term `Japanese
American organization' means a private nonprofit organization
within the United States established to promote the
understanding and appreciation of the ethnic and cultural
diversity of the United States by illustrating the Japanese
American experience throughout the history of the United
States.''; and
(2) in section 4--
(A) by inserting ``(a) In General.--'' before ``There are
authorized'';
(B) by striking ``$38,000 ,000'' and inserting
``$80,000,000''; and
(C) by adding at the end the following:
``(b) Japanese American Confinement Education Grants.--
``(1) In general.--Of the amounts made available under this
section, not more than $10,000,000 shall be awarded as
Japanese American Confinement Education Grants to Japanese
American organizations. Such competitive grants shall be in
an amount not less than $750,000 and the Secretary shall give
priority consideration to Japanese American organizations
with fewer than 100 employees.
``(2) Matching requirement.--
``(A) Fifty percent.--Except as provided in subparagraph
(B), for funds awarded under this subsection, the Secretary
shall require a 50 percent match with non-Federal assets from
non-Federal sources, which may include cash or durable goods
and materials fairly valued, as determined by the Secretary.
``(B) Waiver.--The Secretary may waive all or part of the
matching requirement under subparagraph (A), if the Secretary
determines that--
``(i) no reasonable means are available through which an
applicant can meet the matching requirement; and
``(ii) the probable benefit of the project funded outweighs
the public interest in the matching requirement.''.
SEC. 645. JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.
(a) Establishment.--The Secretary shall establish, within
the National Park Service, a program to be known as the
``Japanese American World War II History Network'' (referred
to in this section as the ``Network'').
(b) Duties of Secretary.--In carrying out the Network, the
Secretary shall--
(1) review studies and reports to complement and not
duplicate studies of Japanese American World War II history
and Japanese American experiences during World War II,
including studies related to relocation centers and
confinement sites, that are underway or completed;
(2) produce and disseminate appropriate educational
materials, such as handbooks, maps, interpretive guides, or
electronic information relating to Japanese American World
War II history and Japanese American experiences during the
war, including relocation centers and confinement sites;
(3) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (d); and
(4)(A) create and adopt an official, uniform symbol or
device for the Network; and
(B) issue regulations for the use of the symbol or device
adopted under subparagraph (A).
(c) Elements.--The Network shall encompass the following
elements:
(1) All units and programs of the National Park Service
that are determined by the Secretary to relate to Japanese
American World War II history and Japanese American
experiences during the war, including relocation centers and
confinement sites.
(2) With the consent of the property owner, other Federal,
State, local, Tribal, and privately owned properties that--
(A) relate to Japanese American World War II history and
Japanese experiences during the war, including relocation
centers and confinement sites;
(B) have a verifiable connection to Japanese American World
War II history and Japanese experiences during the war,
including relocation and confinement sites; and
(C) are included in, or determined by the Secretary to be
eligible for inclusion in, the National Register of Historic
Places.
(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature
that are directly related to Japanese American World War II
history and the experiences of Japanese Americans during the
war, including relocation centers and confinement sites.
(d) Cooperative Agreements and Memoranda of
Understanding.--To achieve the purposes of this section and
to ensure effective coordination of the Federal and non-
Federal elements of the Network described in subsection (c)
with units of the National Park System and programs of the
National Park Service, including the Japanese American
Confinement Sites Program, the Secretary may enter into
cooperative agreements and memoranda of understanding with,
and provide technical assistance to, the heads of other
Federal agencies, States, units of local government, Indian
Tribes, regional governmental bodies, and private entities.
(e) Sunset.--The authority of the Secretary under this
section shall expire 7 years after the date of enactment of
this Act.
SEC. 646. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL
PARK FOUNDATION.
Section 101122(a) of title 54, United States Code, is
amended--
(1) by striking ``$5,000,000'' and inserting
``$15,000,000''; and
(2) by striking ``2023'' and inserting ``2030''.
TITLE VII--COMMEMORATIVE WORKS AND NATIONAL MEMORIALS
SEC. 701. DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST
MEMORIAL AS A NATIONAL MEMORIAL.
(a) Congressional Recognition.--Congress--
(1) recognizes the significance of the Kol Israel
Foundation Holocaust Memorial in preserving the memory of the
6,000,000 Jews murdered by the Nazi regime and allies and
collaborators of the Nazi regime; and
(2) honors the life and legacy of the Holocaust survivors
who erected the Kol Israel Foundation Holocaust Memorial.
(b) Designation.--
(1) In general.--The Kol Israel Foundation Holocaust
Memorial located in Bedford Heights, Ohio, is designated as a
national memorial.
(2) Effect of designation.--
(A) In general.--The national memorial designated by
paragraph (1) is not a unit of the National Park System.
(B) Use of federal funds.--The designation of the national
memorial by paragraph (1) shall not require or permit Federal
funds to be expended for any purpose relating to the national
memorial.
[[Page H10384]]
SEC. 702. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
COMMEMORATE THE COMMITMENT AND SERVICE
REPRESENTED BY WOMEN WHO WORKED ON THE HOME
FRONT DURING WORLD WAR II.
(a) In General.--The Women Who Worked on the Home Front
Foundation may establish a commemorative work on Federal land
in the District of Columbia and its environs to commemorate
the commitment and service represented by women who worked on
the home front during World War II.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section
shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of women who worked on the home front
foundation.--The Women Who Worked on the Home Front
Foundation shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the
establishment of the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Women Who Worked on the Home
Front Foundation shall transmit the amount of the balance to
the Secretary for deposit in the account provided for in
section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Women Who Worked on the Home Front Foundation shall
transmit the amount of the balance to a separate account with
the National Park Foundation for memorials, to be available
to the Secretary or Administrator of General Services, as
appropriate, in accordance with the process provided in
paragraph (4) of section 8906(b) of that title for accounts
established under paragraph (2) or (3) of that section.
SEC. 703. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF
NATIONAL LIBERTY MEMORIAL COMMEMORATIVE WORK.
Notwithstanding section 8903(e) of title 40, United States
Code, the authority provided by section 2860 of the Military
Construction Authorization Act for Fiscal Year 2013 (division
B of Public Law 112-239; 126 Stat. 2164; 40 U.S.C. 8903 note)
shall continue to apply through September 30, 2027.
SEC. 704. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
COMMEMORATE THE HEROIC DEEDS AND SACRIFICES OF
SERVICE ANIMALS AND HANDLERS OF SERVICE ANIMALS
IN THE UNITED STATE.
(a) In General.--The National Service Animals Monument
Corporation (referred to in this section as the
``Corporation'') may establish a commemorative work on
Federal land in the District of Columbia and its environs to
commemorate the heroic deeds and sacrifices of service
animals and handlers of service animals in the United States.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section
shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the national service animals monument
corporation.--The Corporation shall be solely responsible for
the acceptance of contributions for, and payment of the
expenses of, the establishment of the commemorative work
under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Corporation shall transmit the
amount of the balance to the Secretary for deposit in the
account provided for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work under this section, the Corporation shall transmit the
amount of the balance to a separate account with the National
Park Foundation for memorials, to be available to the
Secretary or the Administrator of General Services, as
appropriate, in accordance with the process provided in
paragraph (4) of section 8906(b) of that title for accounts
established under paragraph (2) or (3) of that section.
SEC. 705. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
HONOR JEAN MONNET.
(a) In General.--The Embassy of France in Washington, DC
(referred to in this section as the ``Embassy''), may
establish a commemorative work on Federal land in the
District of Columbia and its environs to honor the
extraordinary contributions of Jean Monnet with respect to--
(1) restoring peace between European nations; and
(2) establishing the European Union.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section
shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the embassy of france in washington,
dc.--The Embassy shall be solely responsible for the
acceptance of contributions for, and payment of the expenses
of, the establishment of the commemorative work under this
section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Embassy shall transmit the amount
of the balance to the Secretary for deposit in the account
provided for in section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Embassy shall transmit the amount of the balance to
a separate account with the National Park Foundation for
memorials, to be available to the Secretary or the
Administrator of General Services, as appropriate, in
accordance with the process provided in paragraph (4) of
section 8906(b) of that title for accounts established under
paragraph (2) or (3) of that section.
SEC. 706. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN
NATIONAL MEMORIAL.
(a) Designation.--The Healing Garden located at 6900 Delta
Drive, El Paso, Texas, is designated as the ``El Paso
Community Healing Garden National Memorial''.
(b) Effect of Designation.--The national memorial
designated by this section is not a unit of the National Park
System and the designation of the El Paso Community Healing
Garden National Memorial shall not require or authorize
Federal funds to be expended for any purpose related to that
national memorial.
SEC. 707. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK TO
COMMEMORATE THE ENSLAVED INDIVIDUALS WHO
ENDURED THE MIDDLE PASSAGE.
(a) In General.--The Georgetown African American Historic
Landmark Project and Tour may establish a commemorative work
on Federal land in the District of Columbia and its environs
to commemorate the enslaved individuals, the identities of
whom may be known or unknown, who endured the Middle Passage.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section
shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of the georgetown african american
historic landmark project and tour.--The Georgetown African
American Historic Landmark Project and Tour shall be solely
responsible for the acceptance of contributions for, and
payment of the expenses of, the establishment of the
commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Georgetown African American
Historic Landmark Project and Tour shall transmit the amount
of the balance to the Secretary for deposit in the account
provided for section 8906(b)(3) of that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Georgetown African American Historic Landmark
Project and Tour shall transmit the amount of the balance to
a separate account with the National Park Foundation for
memorials, to be available to the Secretary or the
Administrator of General Services, as appropriate, in
accordance with the process provided in paragraph (4) of
section 8906(b) of that title for accounts established under
paragraph (2) or (3) of that section.
SEC. 708. APPROVAL OF LOCATION OF COMMEMORATIVE WORK TO HONOR
JOURNALISTS WHO SACRIFICED THEIR LIVES IN
SERVICE TO A FREE PRESS.
The location of a commemorative work to commemorate the
commitment of the United States to a free press by honoring
journalists who sacrificed their lives in service to that
cause within Area I, as depicted on the map entitled
``Commemorative Areas Washington, DC and Environs'', numbered
869/86501 B, and dated June 24, 2003, is approved.
[[Page H10385]]
SEC. 709. AUTHORIZATION OF THOMAS PAINE COMMEMORATIVE WORK.
(a) In General.--The Thomas Paine Memorial Association may
establish a commemorative work on Federal land in the
District of Columbia and its environs to honor the United
States patriot, Thomas Paine.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section
shall be in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(c) Prohibition on the Use of Federal Funds.--Federal funds
may not be used to pay any expense of the establishment of
the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If, on payment of all expenses for the
establishment of the commemorative work under this section
(including the maintenance and preservation amount required
by section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for the establishment of
the commemorative work, the Thomas Paine Memorial Association
shall transmit the amount of the balance to the Secretary for
deposit in the account provided for in section 8906(b)(3) of
that title.
(2) On expiration of authority.--If, on expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of
funds received for the establishment of the commemorative
work, the Thomas Paine Memorial Association shall transmit
the amount of the balance to a separate account with the
National Park Foundation for memorials, to be available to
the Secretary or the Administrator of General Services, as
appropriate, in accordance with the process provided in
paragraph (4) of section 8906(b) of that title for accounts
established under paragraphs (2) and (3) of that section.
SEC. 710. DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.
(a) Designation.--
(1) In general.--The area described in paragraph (2) shall
be designated as ``Ukrainian Independence Park''.
(2) Description of area.--The area designated under
paragraph (1) is the approximately 0.35 acres generally
depicted as ``Ukrainian Independence Park'' on the map
entitled ``Ukrainian Independence Park Proposed Boundary'',
numbered 802/180,561, and dated June 2022.
(b) Reference.--Any reference in any law, regulation,
document, record, map, paper, or other record of the United
States to the area or properties described in subsection (a)
is deemed to be a reference to ``Ukrainian Independence
Park''.
(c) Signage.--The Secretary may post signs on or near
Ukrainian Independence Park that include information on the
importance of the independence, freedom, and sovereignty of
Ukraine and the solidarity between the people of Ukraine and
the United States.
TITLE VIII--MISCELLANEOUS
SEC. 801. LONG-TERM ABANDONED MINE LAND RECLAMATION.
Section 40701(c) of the Infrastructure Investment and Jobs
Act (30 U.S.C. 1231a(c)) is amended--
(1) by striking ``Grants under'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
grants under''; and
(2) by adding at the end the following:
``(2) Long-term abandoned mine land reclamation.--
``(A) In general.--Not more than 30 percent of the total
amount of a grant made annually under subsection (b)(1) may
be retained by the recipient of the grant if those amounts
are deposited into a long-term abandoned mine land
reclamation fund established under State law, from which
amounts (together with all interest earned on the amounts)
are expended by the State or Indian Tribe, as applicable,
for--
``(i) the abatement of the causes and the treatment of the
effects of acid mine drainage resulting from coal mining
practices, including for the costs of building, operating,
maintaining, and rehabilitating acid mine drainage treatment
systems;
``(ii) the prevention, abatement, and control of
subsidence; or
``(iii) the prevention, abatement, and control of coal mine
fires.
``(B) Reporting requirements.--Each recipient of a grant
under subsection (b)(1) that deposits grant amounts into a
long-term abandoned mine land reclamation fund under
subparagraph (A) shall--
``(i) offer amendments to the inventory maintained under
section 403(c) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233(c)) to reflect the use of the
amounts for--
``(I) acid mine drainage abatement and treatment;
``(II) subsidence prevention, abatement, and control; and
``(III) coal mine fire prevention, abatement, and control;
and
``(ii) include in the annual grant report of the recipient
information on the status and balance of amounts in the long-
term abandoned mine land reclamation fund.
``(C) Term.--Amounts retained under subparagraph (A) shall
not be subject to--
``(i) subsection (d)(4)(B); or
``(ii) any other limitation on the length of the term of an
annual grant under subsection (b)(1).''.
SEC. 802. CONSENT OF CONGRESS TO AMENDMENT TO THE
CONSTITUTION OF THE STATE OF NEW MEXICO.
Congress consents to the amendment to the Constitution of
the State of New Mexico proposed by House Joint Resolution 1
of the 55th Legislature of the State of New Mexico, First
Session, 2021, entitled ``A Joint Resolution Proposing an
Amendment to Article 12, Section 7 of the Constitution of New
Mexico to Provide for Additional Annual Distributions of the
Permanent School Fund for Enhanced Instruction for Students
at Risk of Failure, Extending the School Year, Teacher
Compensation and Early Childhood Education; Requiring
Congressional Approval for Distributions for Early Childhood
Education''.
DIVISION EE--POST OFFICE DESIGNATIONS
SEC. 101. COYA KNUTSON POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at 202 2nd Avenue in Oklee, Minnesota, shall
be known and designated as the ``Coya Knutson Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Coya Knutson Post Office''.
SEC. 102. ROBERT SMALLS POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at 11 Robert Smalls Parkway Suite C in
Beaufort, South Carolina, shall be known and designated as
the ``Robert Smalls Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Robert Smalls Post Office''.
SEC. 103. ROBERT J. DOLE MEMORIAL POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 135 West Wisconsin Street in Russell,
Kansas, shall be known and designated as the ``Robert J. Dole
Memorial Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Robert J. Dole Memorial Post Office
Building''.
SEC. 104. CHARLES E. FRASER POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 10 Bow Circle in Hilton Head Island, South
Carolina, shall be known and designated as the ``Charles E.
Fraser Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Charles E. Fraser Post Office
Building''.
SEC. 105. HARRIET TUBMAN POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 501 Charles Street in Beaufort, South
Carolina, shall be known and designated as the ``Harriet
Tubman Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Harriet Tubman Post Office Building''.
SEC. 106. CORPORAL BENJAMIN DESILETS POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at 114 North Magnolia Street in Elmwood,
Illinois, shall be known and designated as the ``Corporal
Benjamin Desilets Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Corporal Benjamin Desilets Post
Office''.
SEC. 107. SGT. JEREMY C. SHERMAN POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 101 West Walnut Street in Watseka,
Illinois, shall be known and designated as the ``Sgt. Jeremy
C. Sherman Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Sgt. Jeremy C. Sherman Post Office
Building''.
SEC. 108. SERGEANT BRET D. ISENHOWER MEMORIAL POST OFFICE
BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 120 East Oak Avenue in Seminole, Oklahoma,
shall be known and designated as the ``Sergeant Bret D.
Isenhower Memorial Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Sergeant Bret D. Isenhower Memorial Post
Office Building''.
SEC. 109. COTTLE CENTANNI POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 4770 Eureka Avenue in Yorba Linda,
California, shall be known and designated as the ``Cottle
Centanni Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Cottle Centanni Post Office Building''.
SEC. 110. CAPTAIN ROBERT C. HARMON AND PRIVATE JOHN R.
PEIRSON POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 430 South
[[Page H10386]]
Knowles Avenue in New Richmond, Wisconsin, shall be known and
designated as the ``Captain Robert C. Harmon and Private John
R. Peirson Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Captain Robert C. Harmon and Private
John R. Peirson Post Office Building''.
SEC. 111. CORPORAL MITCHELL RED CLOUD, JR. POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at 619 Hewett Street in Neillsville,
Wisconsin, shall be known and designated as the ``Corporal
Mitchell Red Cloud, Jr. Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Corporal Mitchell Red Cloud, Jr. Post
Office''.
SEC. 112. CORPORAL JOSEPH RODNEY CHAPMAN POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at 415 High Street in Freeport, Pennsylvania,
shall be known and designated as the ``Corporal Joseph Rodney
Chapman Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Corporal Joseph Rodney Chapman Post
Office''.
SEC. 113. HAROLD BILLOW POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 1 East Main Street in Mount Joy,
Pennsylvania, shall be known and designated as the ``Harold
Billow Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Harold Billow Post Office Building''.
SEC. 114. ROMUALD ``BUD'' BRZEZINSKI POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at N4805 State Highway 32 in Krakow,
Wisconsin, shall be known and designated as the ``Romuald
`Bud' Brzezinski Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Romuald `Bud' Brzezinski Post Office''.
SEC. 115. MITCHELL F. LUNDGAARD POST OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal
Service located at 410 Franklin Street in Appleton,
Wisconsin, shall be known and designated as the ``Mitchell F.
Lundgaard Post Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Mitchell F. Lundgaard Post Office
Building''.
SEC. 116. JUDGE JAMES PEREZ POST OFFICE.
(a) Designation.--The facility of the United States Postal
Service located at 615 North Bush Street in Santa Ana,
California, shall be known and designated as the ``Judge
James Perez Post Office''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in subsection (a) shall be deemed to be
a reference to the ``Judge James Perez Post Office''.
SEC. 117. CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.
Section 1 of Public Law 116-80 is amended to read as
follows:
``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.
[[Page H10387]]
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
================
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
================
Subtitle E--Miscellaneous Provisions
Sec. 1501. Limitations on authority.
TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING
NEW THREATS, AND PANDEMICS
Sec. 2001. Short title.
Subtitle A--Strengthening Federal and State Preparedness
Chapter 1--Federal Leadership and Accountability
Sec. 2101. Appointment and authority of the Director of the Centers for
Disease Control and Prevention.
Sec. 2102. Advisory committee to the director of the centers for
disease control and prevention.
Sec. 2103. Public health and medical preparedness and response
coordination.
Sec. 2104. Office of Pandemic Preparedness and Response Policy.
Chapter 2--State and Local Readiness
Sec. 2111. Improving State and local public health security.
Sec. 2112. Supporting access to mental health and substance use
disorder services during public health emergencies.
Sec. 2113. Trauma care reauthorization.
Sec. 2114. Assessment of containment and mitigation of infectious
diseases.
Sec. 2115. Consideration of unique challenges in noncontiguous States
and territories.
Subtitle B--Improving Public Health Preparedness and Response Capacity
Chapter 1--Improving Public Health Emergency Responses
Sec. 2201. Addressing factors related to improving health outcomes.
Chapter 2--Improving State, Local, and Tribal Public Health Data
Sec. 2211. Modernizing State, local, and Tribal biosurveillance
capabilities and infectious disease data.
Sec. 2212. Genomic sequencing, analytics, and public health
surveillance of pathogens.
Sec. 2213. Supporting State, local, and Tribal public health data.
Sec. 2214. Epidemic forecasting and outbreak analytics.
Sec. 2215. Public health data transparency.
Sec. 2216. GAO report on public health preparedness, response, and
recovery data capabilities.
Chapter 3--Revitalizing the Public Health Workforce
Sec. 2221. Improving recruitment and retention of the frontline public
health workforce.
Sec. 2222. Awards to support community health workers and community
health.
Sec. 2223. Improving public health emergency response capacity.
Sec. 2224. Increasing educational opportunities for allied health
professions.
Sec. 2225. Public Health Service Corps annual and sick leave.
Sec. 2226. Leadership exchange pilot for public health and medical
preparedness and response positions at the Department of
Health and Human Services.
Sec. 2227. Continuing educational support for health professionals
serving in rural and underserved communities.
Chapter 4--Enhancing Public Health Preparedness and Response
Sec. 2231. Centers for public health preparedness and response.
Sec. 2232. Vaccine distribution plans.
Sec. 2233. Coordination and collaboration regarding blood supply.
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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
================
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.
================
Subtitle C--Medical Devices
Sec. 3301. Dual submission for certain devices.
Sec. 3302. Medical Devices Advisory Committee meetings.
Sec. 3303. GAO report on third-party review.
Sec. 3304. Certificates to foreign governments.
Sec. 3305. Ensuring cybersecurity of medical devices.
Sec. 3306. Bans of devices for one or more intended uses.
Sec. 3307. Third party data transparency.
Sec. 3308. Predetermined change control plans for devices.
Sec. 3309. Small business fee waiver.
Subtitle D--Infant Formula
Sec. 3401. Protecting infants and improving formula supply.
Subtitle E--Cosmetics
Sec. 3501. Short title.
Sec. 3502. Amendments to cosmetic requirements.
Sec. 3503. Enforcement and conforming amendments.
Sec. 3504. Records inspection.
Sec. 3505. Talc-containing cosmetics.
Sec. 3506. PFAS in cosmetics.
Sec. 3507. Sense of the Congress on animal testing.
Sec. 3508. Funding.
Subtitle F--Cross-Cutting Provisions
Chapter 1--Clinical Trial Diversity and Modernization
Sec. 3601. Diversity action plans for clinical studies.
Sec. 3602. Guidance on diversity action plans for clinical studies.
Sec. 3603. Public workshops to enhance clinical study diversity.
Sec. 3604. Annual summary report on progress to increase diversity in
clinical studies.
Sec. 3605. Public meeting on clinical study flexibilities initiated in
response to COVID-19 pandemic.
Sec. 3606. Decentralized clinical studies.
Sec. 3607. Modernizing clinical trials.
Chapter 2--Inspections
Sec. 3611. Device inspections.
Sec. 3612. Bioresearch monitoring inspections.
Sec. 3613. Improving Food and Drug Administration inspections.
Sec. 3614. GAO report on inspections of foreign establishments
manufacturing drugs.
Sec. 3615. Unannounced foreign facility inspections pilot program.
Sec. 3616. Enhancing coordination and transparency on inspections.
Sec. 3617. Enhancing transparency of drug facility inspection
timelines.
Chapter 3--Miscellaneous
Sec. 3621. Regulation of certain products as drugs.
Sec. 3622. Women's Health Research Roadmap.
Sec. 3623. Strategic workforce plan and report.
Sec. 3624. Enhancing Food and Drug Administration hiring authority for
scientific, technical, and professional personnel.
Sec. 3625. Facilities management.
Sec. 3626. User fee program transparency and accountability.
Sec. 3627. Improving information technology systems of the Food and
Drug Administration.
Sec. 3628. Reporting on mailroom and Office of the Executive
Secretariat of the Food and Drug Administration.
Sec. 3629. Facilitating the use of real world evidence.
Sec. 3630. Facilitating exchange of product information prior to
approval.
Sec. 3631. Streamlining blood donor input.
TITLE IV--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
Sec. 4101. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 4102. Extension of the Medicare-Dependent Hospital program.
Sec. 4103. Extension of add-on payments for ambulance services.
Subtitle B--Other Expiring Medicare Provisions
Sec. 4111. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 4112. Extension of support for physicians and other professionals
in adjusting to Medicare payment changes.
Sec. 4113. Advancing telehealth Beyond COVID-19.
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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.
================
TITLE I--RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Restoring Hope for Mental
Health and Well-Being Act of 2022''.
Subtitle A--Mental Health and Crisis Care Needs
CHAPTER 1--CRISIS CARE SERVICES AND 9-8-8 IMPLEMENTATION
SEC. 1101. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
Part A of title V of the Public Health Service Act (42
U.S.C. 290aa et seq.) is amended by inserting after section
501A (42 U.S.C. 290aa-0) the following:
``SEC. 501B. BEHAVIORAL HEALTH CRISIS COORDINATING OFFICE.
``(a) In General.--The Secretary shall establish, within
the Substance Abuse and Mental Health Services
Administration, an office to coordinate work relating to
behavioral health crisis care across the operating divisions
and agencies of the Department of Health and Human Services,
including the Substance Abuse and Mental Health Services
Administration, the Centers for Medicare & Medicaid Services,
and the Health Resources and Services Administration, and
external stakeholders.
``(b) Duty.--The office established under subsection (a)
shall--
``(1) convene Federal, State, Tribal, local, and private
partners;
``(2) launch and manage Federal workgroups charged with
making recommendations regarding issues related to mental
health and substance use disorder crises, including with
respect to health care best practices, workforce development,
health disparities, data collection, technology, program
oversight, public awareness, and engagement; and
``(3) support technical assistance, data analysis, and
evaluation functions in order to assist States, localities,
Territories, Indian Tribes, and Tribal organizations in
developing crisis care systems and identifying best practices
with the objective of expanding the capacity of, and access
to, local crisis call centers, mobile crisis care, crisis
stabilization, psychiatric emergency services, and rapid
post-crisis follow-up care provided by--
``(A) the National Suicide Prevention and Mental Health
Crisis Hotline and Response System;
``(B) the Veterans Crisis Line;
``(C) community mental health centers (as defined in
section 1861(ff)(3)(B) of the Social Security Act);
``(D) certified community behavioral health clinics, as
described in section 223 of the Protecting Access to Medicare
Act of 2014; and
``(E) other community mental health and substance use
disorder providers.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2023 through 2027.''.
SEC. 1102. CRISIS RESPONSE CONTINUUM OF CARE.
(a) In General.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use,
shall facilitate the identification and publication of best
practices for a crisis response continuum of care related to
mental health and substance use disorders for use by health
care providers, crisis services administrators, and crisis
services providers in responding to individuals (including
children and adolescents) experiencing mental health crises,
substance-related crises, and crises arising from co-
occurring disorders.
(b) Best Practices.--
(1) In general.--The best practices published under
subsection (a) shall, as appropriate, address best practices
related to crisis response services for the range of entities
that furnish such services, taking into consideration such
services that--
(A) do not require prior authorization from an insurance
provider or group health plan nor a referral from a health
care provider prior to the delivery of services;
(B) provide for serving all individuals regardless of age
or ability to pay;
(C) provide for operating 24 hours a day, 7 days a week;
(D) provide for care and support through resources
described in paragraph (2)(A) until the individual has been
stabilized or transferred to the next level of crisis care;
and
(E) address psychiatric stabilization, including for--
(i) individuals screened over the phone, text, and chat;
and
(ii) individuals stabilized on the scene by mobile teams.
(2) Identification of functions.--The best practices
published under subsection (a) shall consider the functions
of the range of services in the crisis response continuum,
including the following:
(A) Identification of resources for referral and enrollment
in continuing mental health, substance use, or other human
services relevant for the individual in crisis where
necessary.
(B) A description of access and entry points to services
within the crisis response continuum.
(C) Identification, as appropriate and consistent with
State laws, of any protocols and agreements for the transfer
and receipt of individuals to and from other segments of the
crisis response continuum segments as needed, and from
outside referrals, including health care providers, first
responders (including law enforcement, paramedics, and
firefighters), education institutions, and community-based
organizations.
(D) Description of the qualifications of the range of
crisis services staff, including roles for physicians,
licensed clinicians, case managers, and peers (in accordance
with State licensing
[[Page H10390]]
requirements or requirements applicable to Tribal health
professionals).
(E) The convening of collaborative meetings of relevant
crisis response system partners, such as crisis response
service providers, first responders (including law
enforcement, paramedics, and firefighters), and community
partners (including the National Suicide Prevention Lifeline
or 9-8-8 call centers, 9-1-1 public service answering points,
and local mental health and substance use disorder treatment
providers), operating in a common region for the discussion
of case management, best practices, and general performance
improvement.
(3) Service capacity and quality best practices.--The best
practices under subsection (a) may include recommendations
on--
(A) the volume of services to meet population need;
(B) appropriate timely response; and
(C) capacity to meet the needs of different patient
populations that may experience a mental health or substance
use crisis, including children, families, and all age groups,
racial and ethnic minorities, veterans, individuals with co-
occurring mental health and substance use disorders,
individuals with disabilities, and individuals with chronic
illness.
(4) Implementation timeframe.--The Secretary shall--
(A) not later than 1 year after the date of enactment of
this section, publish and maintain the best practices
required by subsection (a); and
(B) after 3 years, facilitate the identification of any
updates to such best practices, as appropriate.
(5) Evaluations.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, an assessment
of relevant programs related to mental health and substance
use disorder crises authorized under title V of the Public
Health Service Act (42 U.S.C. 290aa et seq.) in order to
assess the extent to which such programs meet objectives and
performance metrics, as determined by the Secretary. Such
evaluation may, as appropriate, include data on--
(A) the type and variety of services provided when
responding to mental health and substance use-related crises;
(B) the impact on emergency department facility use and
length of stay, including for patients who require further
psychiatric care;
(C) the impact on access to crisis care centers and crisis
bed services;
(D) the impact on linkage to appropriate post-crisis care;
and
(E) the use of best practices and recommendations
identified under this section.
SEC. 1103. SUICIDE PREVENTION LIFELINE IMPROVEMENT.
(a) Suicide Prevention Lifeline.--
(1) Activities.--Section 520E-3(b) of the Public Health
Service Act (42 U.S.C. 290bb-36c(b)) is amended--
(A) in paragraph (1)--
(i) by inserting ``supporting and'' before
``coordinating''; and
(ii) by striking ``crisis intervention services'' and
inserting ``mental health crisis intervention services,
including appropriate follow-up services,'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) improving awareness of the program for suicide
prevention and mental health crisis intervention services,
including by conducting an awareness initiative and ongoing
outreach to the public; and
``(5) improving the collection and analysis of demographic
information, in a manner that protects personal privacy,
consistent with applicable Federal and State privacy laws, in
order to understand disparities in access to the program
among individuals who are seeking help.''.
(2) Plan.--Section 520E-3 of the Public Health Service Act
(42 U.S.C. 290bb-36c) is further amended--
(A) by redesignating subsection (c) as subsection (f); and
(B) by inserting after subsection (b) the following:
``(c) Plan.--
``(1) In general.--For purposes of supporting the crisis
centers under subsection (b)(1) and maintaining the suicide
prevention hotline under subsection (b)(2), the Secretary
shall develop and implement a plan to ensure the provision of
high-quality services.
``(2) Contents.--The plan required by paragraph (1) shall
include the following:
``(A) Program evaluation, including performance measures to
assess progress toward the goals and objectives of the
program and to improve the responsiveness and performance of
the hotline, including at all backup call centers.
``(B) Requirements that crisis centers and backup centers
must meet--
``(i) to participate in the network under subsection
(b)(1); and
``(ii) to ensure that each telephone call and applicable
other communication received by the hotline, including at
backup call centers, is answered in a timely manner,
consistent with evidence-based guidance or other guidance or
best practices, as appropriate.
``(C) Specific recommendations and strategies for
implementing evidence-based practices, including with respect
to followup and communicating the availability of resources
in the community for individuals in need.
``(D) Criteria for carrying out periodic testing of the
hotline during each fiscal year, including at crisis centers
and backup centers, to identify and address any problems in a
timely manner.
``(3) Consultation.--In developing requirements under
paragraph (2)(B), the Secretary shall consult with State
departments of health, local governments, Indian Tribes, and
Tribal organizations.
``(4) Initial plan; updates.--The Secretary shall--
``(A) not later than 1 year after the date of enactment of
the Restoring Hope for Mental Health and Well-Being Act of
2022, complete development of the initial plan under
paragraph (1) and make such plan publicly available; and
``(B) periodically thereafter, update such plan and make
the updated plan publicly available.''.
(3) Transmission of data to cdc and to assist state and
local agencies.--Section 520E-3 of the Public Health Service
Act (42 U.S.C. 290bb-36c) is amended by inserting after
subsection (c), as added by paragraph (2), the following:
``(d) Improving Epidemiological Data.--The Secretary shall,
as appropriate, formalize and strengthen agreements between
the Suicide Prevention Lifeline program and the Centers for
Disease Control and Prevention with respect to the secure
sharing of de-identified epidemiological data. Such
agreements shall include appropriate privacy and security
protections that meet the requirements of applicable Federal
law, at a minimum.
``(e) Data to Assist State and Local Suicide Prevention
Activities.--The Secretary shall ensure that the aggregated
information collected and any applicable analyses conducted
under subsection (b)(5), including from local call centers,
as applicable, are made available in a usable format to State
and local agencies in order to inform suicide prevention
activities.''.
(4) Authorization of appropriations.--Subsection (f) of
section 520E-3 of the Public Health Service Act (42 U.S.C.
290bb-36c), as redesignated by paragraph (2), is amended to
read as follows:
``(f) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $101,621,000
for each of fiscal years 2023 through 2027.''.
(b) Pilot Program on Innovative Technologies.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental
Health and Substance Use, shall, as appropriate, carry out a
pilot program to research, analyze, and employ various
technologies and platforms of communication (including social
media platforms, texting platforms, and email platforms) for
suicide prevention in addition to the telephone and online
chat service provided by the Suicide Prevention Lifeline.
(2) Report.--Not later than 24 months after the date on
which the pilot program under paragraph (1) commences, the
Secretary of Health and Human Services, acting through the
Assistant Secretary for Mental Health and Substance Use,
shall submit to the Congress a report on the pilot program.
With respect to each platform of communication employed
pursuant to the pilot program, the report shall include--
(A) a full description of the program;
(B) the number of individuals served by the program;
(C) the average wait time for each individual to receive a
response;
(D) the cost of the program, including the cost per
individual served; and
(E) any other information the Secretary determines
appropriate.
(c) HHS Study and Report.--Not later than 2 years after the
Secretary of Health and Human Services completes development
of the plan under section 520E-3(c) of the Public Health
Service Act, as added by subsection (a)(2)(B), the Secretary
shall--
(1) complete a study on--
(A) the implementation of such plan, including the progress
towards meeting the goals and objectives identified pursuant
to paragraph (2)(A) of such section 520E-3(c); and
(B) in consultation with the Director of the Centers for
Disease Control and Prevention, options to improve data
regarding usage of the Suicide Prevention Lifeline, such as
repeat calls, consistent with applicable Federal and State
privacy laws; and
(2) submit a report to Congress on the progress made on
meeting the goals and objectives identified pursuant to
paragraph (2)(A) of such section 520E-3(c) and
recommendations on improving the program, including
improvements to enhance data collection and usage.
(d) GAO Study and Report.--
(1) In general.--Not later than 2 years after the Secretary
of Health and Human Services begins implementation of the
plan required by section 520E-3(c) of the Public Health
Service Act, as added by subsection (a)(2)(B), the
Comptroller General of the United States shall--
(A) complete a study on the Suicide Prevention Lifeline;
and
(B) submit a report to the Congress on the results of such
study.
(2) Content.--The study required by paragraph (1) shall
include what is known about--
(A) the feasibility of routing calls to the Suicide
Prevention Lifeline to the nearest crisis center based on the
physical location of the contact;
(B) capacity of the Suicide Prevention Lifeline;
(C) State and regional variation with respect to access to
crisis centers described in section 520E-3(b)(1) of the
Public Health Service Act (42 U.S.C. 290bb-36c(b)(1)),
including wait times, answer times, hours of operation, and
funding sources;
(D) the implementation of the plan under section 520E-3(c)
of the Public Health Service Act, as added by subsection
(a)(2)(B), including the progress toward meeting the goals
and objectives in such plan; and
(E) the capacity of the Suicide Prevention Lifeline to
handle calls from individuals with limited English
proficiency.
[[Page H10391]]
(3) Recommendations.--The report required by paragraph (1)
shall include recommendations for improving the Suicide
Prevention Lifeline, including recommendations for
administrative actions.
(e) Definition.--In this section, the term ``Suicide
Prevention Lifeline'' means the suicide prevention hotline
maintained pursuant to section 520E-3 of the Public Health
Service Act (42 U.S.C. 290bb-36c).
CHAPTER 2--INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE
DISORDERS
SEC. 1111. SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH
AND SUBSTANCE USE DISORDERS.
(a) In General.--Section 317L-1 of the Public Health
Service Act (42 U.S.C. 247b-13a) is amended--
(1) in the section heading, by striking ``maternal
depression'' and inserting ``maternal mental health and
substance use disorders''; and
(2) in subsection (a)--
(A) by inserting ``, Indian Tribes and Tribal organizations
(as such terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act)'' after
``States''; and
(B) by striking ``for women who are pregnant, or who have
given birth within the preceding 12 months, for maternal
depression'' and inserting ``for women who are postpartum,
pregnant, or have given birth within the preceding 12 months,
for maternal mental health and substance use disorders''.
(b) Application.--Subsection (b) of section 317L-1 of the
Public Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by striking ``a State shall submit'' and inserting ``an
entity listed in subsection (a) shall submit''; and
(2) in paragraphs (1) and (2), by striking ``maternal
depression'' each place it appears and inserting ``maternal
mental health and substance use disorders''.
(c) Priority.--Subsection (c) of section 317L-1 of the
Public Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by striking ``may give priority to States proposing to
improve or enhance access to screening'' and inserting the
following: ``shall, as appropriate, give priority to entities
listed in subsection (a) that--
``(1) are proposing to create, improve, or enhance
screening, prevention, and treatment'';
(2) by striking ``maternal depression'' and inserting
``maternal mental health and substance use disorders'';
(3) by striking the period at the end of paragraph (1), as
so designated, and inserting a semicolon; and
(4) by inserting after such paragraph (1) the following:
``(2) are currently partnered with, or will partner with,
one or more community-based organizations to address maternal
mental health and substance use disorders;
``(3) are located in, or provide services under this
section in, an area with disproportionately high rates of
maternal mental health or substance use disorders or other
related disparities; and
``(4) operate in a health professional shortage area
designated under section 332, including maternity care health
professional target areas.''.
(d) Use of Funds.--Subsection (d) of section 317L-1 of the
Public Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``to health care
providers; and'' and inserting ``on maternal mental health
and substance use disorder screening, brief intervention,
treatment (as applicable for health care providers), and
referrals for treatment to health care providers in the
primary care setting and, as applicable, relevant health
paraprofessionals;'';
(B) in subparagraph (B), by striking ``to health care
providers, including information on maternal depression
screening, treatment, and followup support services, and
linkages to community-based resources; and'' and inserting
``on maternal mental health and substance use disorder
screening, brief intervention, treatment (as applicable for
health care providers) and referrals for treatment, follow-up
support services, and linkages to community-based resources
to health care providers in the primary care setting and, as
applicable, relevant health paraprofessionals; and''; and
(C) by adding at the end the following:
``(C) to the extent practicable and appropriate, enabling
health care providers (such as obstetrician-gynecologists,
nurse practitioners, nurse midwives, pediatricians,
psychiatrists, mental and other behavioral health care
providers, and adult primary care clinicians) to provide or
receive real-time psychiatric consultation (in-person or
remotely), including through the use of technology-enabled
collaborative learning and capacity building models (as
defined in section 330N), to aid in the treatment of pregnant
and postpartum women; and''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(C) in subparagraph (A), as so redesignated, by striking
``and'' at the end;
(D) in subparagraph (B), as so redesignated--
(i) by inserting ``, including'' before ``for rural
areas''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(E) by inserting after subparagraph (B), as so
redesignated, the following:
``(C) providing assistance to pregnant and postpartum women
to receive maternal mental health and substance use disorder
treatment, including patient consultation, care coordination,
and navigation for such treatment;
``(D) coordinating, as appropriate, with maternal and child
health programs of State, local, and Tribal governments,
including child psychiatric access programs;
``(E) conducting public outreach and awareness regarding
grants under subsection (a);
``(F) creating multistate consortia to carry out the
activities required or authorized under this subsection; and
``(G) training health care providers in the primary care
setting and relevant health paraprofessionals on trauma-
informed care, culturally and linguistically appropriate
services, and best practices related to training to improve
the provision of maternal mental health and substance use
disorder care for racial and ethnic minority populations and
reduce related disparities in the delivery of such care.''.
(e) Additional Provisions.--Section 317L-1 of the Public
Health Service Act (42 U.S.C. 247b-13a) is amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
``(e) Technical Assistance.--The Secretary shall provide
technical assistance to grantees and entities listed in
subsection (a) for carrying out activities pursuant to this
section.
``(f) Dissemination of Best Practices.--The Secretary,
based on evaluation of the activities funded pursuant to this
section, shall identify and disseminate evidence-based or
evidence-informed practices for screening, assessment,
treatment, and referral to treatment services for maternal
mental health and substance use disorders, including
culturally and linguistically appropriate services, for women
during pregnancy and 12 months following pregnancy.
``(g) Matching Requirement.--The Federal share of the cost
of the activities for which a grant is made to an entity
under subsection (a) shall not exceed 90 percent of the total
cost of such activities.''.
(f) Authorization of Appropriations.--Subsection (h) of
section 317L-1 (42 U.S.C. 247b-13a) of the Public Health
Service Act, as redesignated by subsection (e), is amended--
(1) by striking ``$5,000,000'' and inserting
``$24,000,000''; and
(2) by striking ``2018 through 2022'' and inserting ``2023
through 2027''.
SEC. 1112. MATERNAL MENTAL HEALTH HOTLINE.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399V-7. MATERNAL MENTAL HEALTH HOTLINE.
``(a) In General.--The Secretary shall maintain, by grant
or contract, a national maternal mental health hotline to
provide emotional support, information, brief intervention,
and mental health and substance use disorder resources to
pregnant and postpartum women at risk of, or affected by,
maternal mental health and substance use disorders, and to
their families or household members.
``(b) Requirements for Hotline.--The hotline under
subsection (a) shall--
``(1) be a 24/7 real-time hotline;
``(2) provide voice and text support;
``(3) be staffed by certified peer specialists, licensed
health care professionals, or licensed mental health
professionals who are trained on--
``(A) maternal mental health and substance use disorder
prevention, identification, and intervention; and
``(B) providing culturally and linguistically appropriate
support; and
``(4) provide maternal mental health and substance use
disorder assistance and referral services to meet the needs
of underserved populations, individuals with disabilities,
and family and household members of pregnant or postpartum
women at risk of experiencing maternal mental health and
substance use disorders.
``(c) Additional Requirements.--In maintaining the hotline
under subsection (a), the Secretary shall--
``(1) consult with the Domestic Violence Hotline, National
Suicide Prevention Lifeline, and Veterans Crisis Line to
ensure that pregnant and postpartum women are connected in
real-time to the appropriate specialized hotline service,
when applicable;
``(2) conduct a public awareness campaign for the hotline;
``(3) consult with Federal departments and agencies,
including the Substance Abuse and Mental Health Services
Administration and the Department of Veterans Affairs, to
increase awareness regarding the hotline; and
``(4) consult with appropriate State, local, and Tribal
public health officials, including officials who administer
programs that serve low-income pregnant and postpartum
individuals.
``(d) Annual Report.--The Secretary shall submit an annual
report to the Congress on the hotline under subsection (a)
and implementation of this section, including--
``(1) an evaluation of the effectiveness of activities
conducted or supported under subsection (a);
``(2) a directory of entities or organizations to which
staff maintaining the hotline funded under this section may
make referrals; and
``(3) such additional information as the Secretary
determines appropriate.
``(e) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $10,000,000
for each of fiscal years 2023 through 2027.''.
SEC. 1113. TASK FORCE ON MATERNAL MENTAL HEALTH.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Health and Human
Services, for purposes of identifying, evaluating, and making
recommendations to coordinate and improve
[[Page H10392]]
Federal activities related to addressing maternal mental
health conditions, shall--
(1) establish a task force to be known as the Task Force on
Maternal Mental Health (in this section referred to as the
``Task Force''); or
(2) incorporate the duties, public meetings, and reports
specified in subsections (c) through (f) into existing
relevant Federal committees or working groups, such as the
Maternal Health Interagency Policy Committee and the Maternal
Health Working Group, as appropriate.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of--
(A) the Federal members under paragraph (2); and
(B) the non-Federal members under paragraph (3).
(2) Federal members.--The Federal members of the Task Force
shall consist of the following heads of Federal departments
and agencies (or their designees):
(A) The Assistant Secretary for Health of the Department of
Health and Human Services and the Assistant Secretary for
Mental Health and Substance Use, who shall serve as co-
chairs.
(B) The Assistant Secretary for Planning and Evaluation of
the Department of Health and Human Services.
(C) The Assistant Secretary of the Administration for
Children and Families.
(D) The Director of the Centers for Disease Control and
Prevention.
(E) The Administrator of the Centers for Medicare &
Medicaid Services.
(F) The Administrator of the Health Resources and Services
Administration.
(G) The Director of the Indian Health Service.
(H) Such other Federal departments and agencies as the
Secretary determines appropriate that serve individuals with
maternal mental health conditions.
(3) Non-federal members.--The non-Federal members of the
Task Force shall--
(A) compose not more than one-half, and not less than one-
third, of the total membership of the Task Force;
(B) be appointed by the Secretary; and
(C) include--
(i) representatives of professional medical societies,
professional nursing societies, and relevant health
paraprofessional societies with expertise in maternal or
mental health;
(ii) representatives of nonprofit organizations with
expertise in maternal or mental health;
(iii) relevant industry representatives; and
(iv) other representatives, as appropriate.
(4) Deadline for designating designees.--If the Assistant
Secretary for Health, the Assistant Secretary for Mental
Health and Substance Use, or the head of a Federal department
or agency serving as a member of the Task Force under
paragraph (2), chooses to be represented on the Task Force by
a designee, the Assistant Secretary for Health, the Assistant
Secretary for Mental Health and Substance Use, or department
or agency head shall designate such designee not later than
90 days after the date of the enactment of this section.
(c) Duties.--The Task Force shall--
(1) prepare and regularly update a report that analyzes and
evaluates the state of maternal mental health programs at the
Federal level, and identifies best practices with respect to
maternal mental health (which may include co-occurring
substance use disorders), including--
(A) a set of evidence-based, evidence-informed, and
promising practices with respect to--
(i) prevention strategies for maternal mental health
conditions, including strategies and recommendations to
reduce racial, ethnic, geographic, and other health
disparities;
(ii) the identification, screening, diagnosis,
intervention, and treatment of maternal mental health
conditions and affected families;
(iii) the timely referral to supports, and implementation
of practices, that prevent and mitigate the effects of a
maternal mental health condition, including strategies and
recommendations to eliminate racial and ethnic disparities
that exist in maternal mental health; and
(iv) community-based or multigenerational practices that
provide support related to maternal mental health conditions,
including support for affected families; and
(B) Federal and State programs and activities that support
prevention, screening, diagnosis, intervention, and treatment
of maternal mental health conditions;
(2) develop and regularly update a national strategy for
maternal mental health, taking into consideration the
findings of the report under paragraph (1), on how the Task
Force and Federal departments and agencies represented on the
Task Force may prioritize options for, and may improve
coordination with respect to, addressing maternal mental
health conditions, including by--
(A) increasing prevention, screening, diagnosis,
intervention, treatment, and access to maternal mental health
care, including clinical and nonclinical care such as peer-
support and community health workers, through the public and
private sectors;
(B) providing support relating to the prevention,
screening, diagnosis, intervention, and treatment of maternal
mental health conditions, including families, as appropriate;
(C) reducing racial, ethnic, geographic, and other health
disparities related to prevention, diagnosis, intervention,
treatment, and access to maternal mental health care;
(D) identifying opportunities to modify, strengthen, and
better coordinate existing Federal infant and maternal health
programs in order to improve screening, diagnosis, research,
prevention, identification, intervention, and treatment with
respect to maternal mental health; and
(E) improving planning, coordination, and collaboration
across Federal departments, agencies, offices, and programs;
(3) solicit public comments, as appropriate, from
stakeholders for the report under paragraph (1) and the
national strategy under paragraph (2) in order to inform the
activities and reports of the Task Force; and
(4) consider the latest research related to maternal mental
health in developing the strategy, including, as applicable
and appropriate, data and information disaggregated by
relevant factors, such as race, ethnicity, geographical
location, age, socioeconomic level, and others, as
appropriate.
(d) Meetings.--The Task Force shall--
(1) meet not less than two times each year; and
(2) convene public meetings, as appropriate, to fulfill its
duties under this section.
(e) Reports to Public and Federal Leaders.--The Task Force
shall make publicly available and submit to the heads of
relevant Federal departments and agencies, the Committee on
Energy and Commerce of the House of Representatives, the
Committee on Health, Education, Labor, and Pensions of the
Senate, and other relevant congressional committees, the
following:
(1) Not later than 1 year after the first meeting of the
Task Force, an initial report under subsection (c)(1).
(2) Not later than 2 years after the first meeting of the
Task Force, an initial national strategy under subsection
(c)(2).
(3) Each year thereafter--
(A) an updated report under subsection (c)(1);
(B) an updated national strategy under subsection (c)(2);
or
(C) if no update is made under subsection (c)(1) or (c)(2),
a report summarizing the activities of the Task Force.
(f) Reports to Governors.--Upon finalizing the initial
national strategy under subsection (c)(2), and upon making
relevant updates to such strategy, the Task Force shall
submit a report to the Governors of all States describing any
opportunities for local- and State-level partnerships
identified under subsection (c)(2).
(g) Sunset.--The Task Force shall terminate on September
30, 2027.
(h) Nonduplication of Federal Efforts.--The Secretary may
relieve the Task Force, in carrying out subsections (c)
through (f), from responsibility for carrying out such
activities as may be specified by the Secretary as
duplicative of other activities carried out by the Department
of Health and Human Services.
SEC. 1114. RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND
POSTPARTUM WOMEN PILOT PROGRAM REAUTHORIZATION.
Section 508(r) of the Public Health Service Act (42 U.S.C.
290bb-1(r)) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively; and
(3) in paragraph (4)(B), as so redesignated--
(A) in the matter preceding clause (i), by striking ``The
Director'' and inserting ``Not later than September 30, 2026,
the Director''; and
(B) by striking ``the relevant committees of jurisdiction
of the House of Representatives and the Senate'' and
inserting ``the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives''.
CHAPTER 3--REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS
SEC. 1121. INNOVATION FOR MENTAL HEALTH.
(a) National Mental Health and Substance Use Policy
Laboratory.--Section 501A of the Public Health Service Act
(42 U.S.C. 290aa-0) is amended--
(1) in subsection (e)(1), by striking ``Indian tribes or
tribal organizations'' and inserting ``Indian Tribes or
Tribal organizations'';
(2) by striking subsection (e)(3); and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $10,000,000
for each of fiscal years 2023 through 2027.''.
(b) GAO Study.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall prepare a report on the work of the National
Mental Health and Substance Use Policy Laboratory established
under section 501A of the Public Health Service Act (42
U.S.C. 290aa-0), including--
(1) the extent to which such Laboratory is meeting its
responsibilities as set forth in such section 501A; and
(2) any recommendations for improvement, including methods
to expand the use of evidence-based practices across
programs, recommendations to improve program evaluations for
effectiveness, and dissemination of resources to stakeholders
and the public.
(c) Interdepartmental Serious Mental Illness Coordinating
Committee.--
(1) In general.--Part A of title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.), as amended by section
1101, is further amended by inserting after section 501B, as
added by such section 1101, the following:
``SEC. 501C. INTERDEPARTMENTAL SERIOUS MENTAL ILLNESS
COORDINATING COMMITTEE.
``(a) Establishment.--
``(1) In general.--The Secretary, or the designee of the
Secretary, shall establish a committee to be known as the
Interdepartmental Serious Mental Illness Coordinating
Committee (in this section referred to as the `Committee').
``(2) Federal advisory committee act.--Except as provided
in this section, the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee.
``(b) Meetings.--The Committee shall meet not fewer than 2
times each year.
``(c) Responsibilities.--Not later than each of 1 year and
5 years after the date of enactment of this section, the
Committee shall submit
[[Page H10393]]
to Congress and any other relevant Federal department or
agency a report including--
``(1) a summary of advances in serious mental illness and
serious emotional disturbance research related to the
prevention of, diagnosis of, intervention in, and treatment
and recovery of serious mental illnesses, serious emotional
disturbances, and advances in access to services and support
for adults with a serious mental illness or children with a
serious emotional disturbance;
``(2) an evaluation of the effect Federal programs related
to serious mental illness have on public health, including
outcomes such as--
``(A) rates of suicide, suicide attempts, incidence and
prevalence of serious mental illnesses, serious emotional
disturbances, and substance use disorders, overdose, overdose
deaths, emergency hospitalizations, emergency department
boarding, preventable emergency department visits,
interaction with the criminal justice system, homelessness,
and unemployment;
``(B) increased rates of employment and enrollment in
educational and vocational programs;
``(C) quality of mental and substance use disorders
treatment services; or
``(D) any other criteria as may be determined by the
Secretary; and
``(3) specific recommendations for actions that agencies
can take to better coordinate the administration of mental
health services for adults with a serious mental illness or
children with a serious emotional disturbance.
``(d) Membership.--
``(1) Federal members.--The Committee shall be composed of
the following Federal representatives, or the designees of
such representatives--
``(A) the Secretary of Health and Human Services, who shall
serve as the Chair of the Committee;
``(B) the Assistant Secretary for Mental Health and
Substance Use;
``(C) the Attorney General;
``(D) the Secretary of Veterans Affairs;
``(E) the Secretary of Defense;
``(F) the Secretary of Housing and Urban Development;
``(G) the Secretary of Education;
``(H) the Secretary of Labor;
``(I) the Administrator of the Centers for Medicare &
Medicaid Services;
``(J) the Administrator of the Administration for Community
Living; and
``(K) the Commissioner of Social Security.
``(2) Non-federal members.--The Committee shall also
include not less than 14 non-Federal public members appointed
by the Secretary of Health and Human Services, of which--
``(A) at least 2 members shall be an individual who has
received treatment for a diagnosis of a serious mental
illness;
``(B) at least 1 member shall be a parent or legal guardian
of an adult with a history of a serious mental illness or a
child with a history of a serious emotional disturbance;
``(C) at least 1 member shall be a representative of a
leading research, advocacy, or service organization for
adults with a serious mental illness;
``(D) at least 2 members shall be--
``(i) a licensed psychiatrist with experience in treating
serious mental illnesses;
``(ii) a licensed psychologist with experience in treating
serious mental illnesses or serious emotional disturbances;
``(iii) a licensed clinical social worker with experience
treating serious mental illnesses or serious emotional
disturbances; or
``(iv) a licensed psychiatric nurse, nurse practitioner, or
physician assistant with experience in treating serious
mental illnesses or serious emotional disturbances;
``(E) at least 1 member shall be a licensed mental health
professional with a specialty in treating children and
adolescents with a serious emotional disturbance;
``(F) at least 1 member shall be a mental health
professional who has research or clinical mental health
experience in working with minorities;
``(G) at least 1 member shall be a mental health
professional who has research or clinical mental health
experience in working with medically underserved populations;
``(H) at least 1 member shall be a State certified mental
health peer support specialist;
``(I) at least 1 member shall be a judge with experience in
adjudicating cases related to criminal justice or serious
mental illness;
``(J) at least 1 member shall be a law enforcement officer
or corrections officer with extensive experience in
interfacing with adults with a serious mental illness,
children with a serious emotional disturbance, or individuals
in a mental health crisis; and
``(K) at least 1 member shall have experience providing
services for homeless individuals and working with adults
with a serious mental illness, children with a serious
emotional disturbance, or individuals in a mental health
crisis.
``(3) Terms.--A member of the Committee appointed under
paragraph (2) shall serve for a term of 3 years, and may be
reappointed for 1 or more additional 3-year terms. Any member
appointed to fill a vacancy for an unexpired term shall be
appointed for the remainder of such term. A member may serve
after the expiration of the member's term until a successor
has been appointed.
``(e) Working Groups.--In carrying out its functions, the
Committee may establish working groups. Such working groups
shall be composed of Committee members, or their designees,
and may hold such meetings as are necessary.
``(f) Sunset.--The Committee shall terminate on September
30, 2027.''.
(2) Conforming amendments.--
(A) Section 501(l)(2) of the Public Health Service Act (42
U.S.C. 290aa(l)(2)) is amended by striking ``section 6031 of
such Act'' and inserting ``section 501C''.
(B) The Helping Families in Mental Health Crisis Reform Act
of 2016 (Division B of Public Law 114-255) is amended--
(i) by repealing section 6031; and
(ii) by conforming the item relating to such section in the
table of contents in section 1(b) of Public Law 114-255.
(d) Priority Mental Health Needs of Regional and National
Significance.--Section 520A of the Public Health Service Act
(42 U.S.C. 290bb-32) is amended--
(1) in subsection (a), by striking ``Indian tribes or
tribal organizations'' and inserting ``Indian Tribes or
Tribal organizations''; and
(2) in subsection (f), by striking ``$394,550,000 for each
of fiscal years 2018 through 2022'' and inserting
``$599,036,000 for each of fiscal years 2023 through 2027''.
SEC. 1122. CRISIS CARE COORDINATION.
(a) Strengthening Community Crisis Response Systems.--
Section 520F of the Public Health Service Act (42 U.S.C.
290bb-37) is amended to read as follows:
``SEC. 520F. MENTAL HEALTH CRISIS RESPONSE PARTNERSHIP PILOT
PROGRAM.
``(a) In General.--The Secretary shall establish a pilot
program under which the Secretary will award competitive
grants to States, localities, territories, Indian Tribes, and
Tribal organizations to establish new, or enhance existing,
mobile crisis response teams that divert the response for
mental health and substance use disorder crises from law
enforcement to mobile crisis teams, as described in
subsection (b).
``(b) Mobile Crisis Teams Described.--A mobile crisis team,
for purposes of this section, is a team of individuals--
``(1) that is available to respond to individuals in mental
health and substance use disorder crises and provide
immediate stabilization, referrals to community-based mental
health and substance use disorder services and supports, and
triage to a higher level of care if medically necessary;
``(2) which may include licensed counselors, clinical
social workers, physicians, paramedics, crisis workers, peer
support specialists, or other qualified individuals; and
``(3) which may provide support to divert mental health and
substance use disorder crisis calls from the 9-1-1 system to
the 9-8-8 system.
``(c) Priority.--In awarding grants under this section, the
Secretary shall prioritize applications which account for the
specific needs of the communities to be served, including
children and families, veterans, rural and underserved
populations, and other groups at increased risk of death from
suicide or overdose.
``(d) Report.--
``(1) Initial report.--Not later than September 30, 2024,
the Secretary shall submit to Congress a report on steps
taken by States, localities, territories, Indian Tribes, and
Tribal organizations prior to the date of enactment of this
section to strengthen the partnerships among mental health
providers, substance use disorder treatment providers,
primary care physicians, mental health and substance use
disorder crisis teams, paramedics, law enforcement officers,
and other first responders.
``(2) Progress reports.--Not later than one year after the
date on which the first grant is awarded to carry out this
section, and for each year thereafter, the Secretary shall
submit to Congress a report on the grants made during the
year covered by the report, which shall include--
``(A) impact data on the teams and people served by such
programs, including demographic information of individuals
served, volume, and types of service utilization;
``(B) outcomes of the number of linkages made to community-
based resources or short-term crisis receiving and
stabilization facilities, as applicable, and diversion from
law enforcement or hospital emergency department settings;
``(C) data consistent with the State block grant
requirements for continuous evaluation and quality
improvement, and other relevant data as determined by the
Secretary;
``(D) identification and, where appropriate,
recommendations of best practices from States and localities
providing mobile crisis response and stabilization services
for youth and adults; and
``(E) identification of any opportunities for improvements
to the program established under this section.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$10,000,000 for each of fiscal years 2023 through 2027.''.
(b) Mental Health Awareness Training Grants.--
(1) In general.--Section 520J(b) of the Public Health
Service Act (42 U.S.C. 290bb-41(b)) is amended--
(A) in paragraph (1), by striking ``Indian tribes, tribal
organizations'' and inserting ``Indian Tribes, Tribal
organizations'';
(B) in paragraph (4), by striking ``Indian tribe, tribal
organization'' and inserting ``Indian Tribe, Tribal
organization'';
(C) in paragraph (5)--
(i) by striking ``Indian tribe, tribal organization'' and
inserting ``Indian Tribe, Tribal organization'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B)(ii), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) suicide intervention and prevention.'';
(D) in paragraph (6), by striking ``Indian tribe, tribal
organization'' and inserting ``Indian Tribe, Tribal
organization'';
(E) by redesignating paragraph (7) as paragraph (8);
(F) by inserting after paragraph (6) the following:
``(7) Technical assistance.--The Secretary may provide
technical assistance to grantees in
[[Page H10394]]
carrying out this section, which may include assistance
with--
``(A) program evaluation and related activities, including
related data collection and reporting;
``(B) implementing and disseminating evidence-based
practices and programs; and
``(C) facilitating collaboration among grantees.''; and
(G) in paragraph (8), as so redesignated, by striking
``$14,693,000 for each of fiscal years 2018 through 2022''
and inserting ``$24,963,000 for each of fiscal years 2023
through 2027''.
(2) Technical corrections.--Section 520J(b) of the Public
Health Service Act (42 U.S.C. 290bb-41(b)) is amended--
(A) in the heading of paragraph (2), by striking
``Emergency Services Personnel'' and inserting ``Emergency
services personnel''; and
(B) in the heading of paragraph (3), by striking
``Distribution of Awards'' and inserting ``Distribution of
awards''.
(c) Adult Suicide Prevention.--Section 520L of the Public
Health Service Act (42 U.S.C. 290bb-43) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``individuals who are 25 years of age or
older'' and inserting ``adult individuals''; and
(ii) by inserting ``prevention'' after ``raise awareness of
suicide''; and
(B) in paragraph (2)--
(i) by striking ``Indian tribe'' each place it appears and
inserting ``Indian Tribe''; and
(ii) by striking ``tribal organization'' each place it
appears and inserting ``Tribal organization''; and
(C) by amending paragraph (3)(C) to read as follows:
``(C) Raising awareness of suicide prevention resources and
promoting help seeking among those at risk for suicide.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) identify best practices, as applicable, to improve
the identification, assessment, treatment, and timely
transition, as appropriate, to additional or follow-up care
for individuals in emergency departments who are at risk for
suicide and enhance the coordination of care for such
individuals during and after discharge, in support of
activities under subsection (a).''; and
(3) in subsection (d), by striking ``$30,000,000 for the
period of fiscal years 2018 through 2022'' and inserting
``$30,000,000 for each of fiscal years 2023 through 2027''.
SEC. 1123. TREATMENT OF SERIOUS MENTAL ILLNESS.
(a) Assertive Community Treatment Grant Program.--
(1) Technical amendment.--Section 520M(b) of the Public
Health Service Act (42 U.S.C. 290bb-44(b)) is amended by
striking ``Indian tribe or tribal organization'' and
inserting ``Indian Tribe or Tribal organization''.
(2) Report to congress.--Section 520M(d)(1) of the Public
Health Service Act (42 U.S.C. 290bb-44(d)(1)) is amended--
(A) by striking ``not later than the end of fiscal year
2021'' and inserting ``not later than the end of fiscal year
2026''; and
(B) by striking ``appropriate congressional committees''
and inserting ``Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives''.
(3) Authorization of appropriations.--Section 520M(e)(1) of
the Public Health Service Act (42 U.S.C. 290bb-44(d)(1)) is
amended by striking ``$5,000,000 for the period of fiscal
years 2018 through 2022'' and inserting ``$9,000,000 for each
of fiscal years 2023 through 2027''.
(b) Assisted Outpatient Treatment.--
(1) In general.--Section 224 of the Protecting Access to
Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa
note) is amended--
(A) in subsection (a), by striking ``4-year pilot'';
(B) in subsection (e), in the matter preceding paragraph
(1)--
(i) by striking ``each of fiscal years 2016, 2017, 2018,
2019, 2020, 2021, and 2022'' and inserting ``fiscal year
2023, and biennially thereafter''; and
(ii) by striking ``appropriate congressional committees''
and inserting ``Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives'';
(C) in subsection (e), by inserting after paragraph (4) the
following:
``(5) Demographic information regarding participation of
those served by the grant compared to demographic information
in the population of the grant recipient.''; and
(D) in subsection (g)--
(i) in paragraph (1), by striking ``2015 through 2022'' and
inserting ``2023 through 2027''; and
(ii) by amending paragraph (2) to read as follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $22,000,000 for
each of fiscal years 2023 through 2027.''.
(2) GAO report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
examining the efficacy of assisted outpatient treatment
programs that received funding under section 224 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-
93; 42 U.S.C. 290aa note) in improving health outcomes and
treatment adherence, reducing rates of incarceration, and
reducing rates of homelessness. Such report shall include--
(A) a comparison of health outcomes, treatment compliance,
program participant feedback, reduced rates of incarceration,
and reduced rates of homelessness as compared to other
evidence- and community-based outpatient treatment programs
and services, including information on geographic differences
in program efficacy, as applicable; and
(B) identification of best practices used, as applicable,
in the implementation of assisted outpatient treatment
programs to ensure program participants are receiving
treatment in the least restrictive environment that is
clinically appropriate consistent with Federal and State law,
as applicable.
SEC. 1124. STUDY ON THE COSTS OF SERIOUS MENTAL ILLNESS.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Assistant Secretary for
Mental Health and Substance Use, the Assistant Secretary for
Planning and Evaluation, the Attorney General of the United
States, the Secretary of Labor, and the Secretary of Housing
and Urban Development, shall conduct a study on the direct
and indirect costs of serious mental illness with respect
to--
(1) nongovernmental entities; and
(2) the Federal Government and State, local, and Tribal
governments.
(b) Content.--The study under subsection (a) shall consider
each of the following:
(1) The costs to the health care system for health
services, including with respect to--
(A) office-based physician visits;
(B) residential and inpatient treatment programs;
(C) outpatient treatment programs;
(D) emergency department visits;
(E) crisis stabilization programs;
(F) home health care;
(G) skilled nursing and long-term care facilities;
(H) prescription drugs and digital therapeutics; and
(I) any other relevant health services.
(2) The costs of homelessness, including with respect to--
(A) homeless shelters;
(B) street outreach activities;
(C) crisis response center visits; and
(D) other supportive services.
(3) The costs of structured residential facilities and
other supportive housing for residential and custodial care
services.
(4) The costs of law enforcement encounters and encounters
with the criminal justice system, including with respect to--
(A) encounters that do and do not result in an arrest;
(B) criminal and judicial proceedings;
(C) services provided by law enforcement and judicial staff
(including public defenders, prosecutors, and private
attorneys); and
(D) incarceration.
(5) The costs of serious mental illness on employment.
(6) With respect to family members and caregivers, the
costs of caring for an individual with a serious mental
illness.
(7) Any other relevant costs for programs and services
administered by the Federal Government or State, Tribal, or
local governments.
(c) Data Disaggregation.--In conducting the study under
subsection (a), the Secretary of Health and Human Services
shall (to the extent feasible)--
(1) disaggregate data by--
(A) costs to nongovernmental entities, the Federal
Government, and State, local, and Tribal governments;
(B) types of serious mental illnesses and medical chronic
diseases common in patients with a serious mental illness;
and
(C) demographic characteristics, including race, ethnicity,
sex, age (including pediatric subgroups), and other
characteristics determined by the Secretary; and
(2) include an estimate of--
(A) the total number of individuals with a serious mental
illness in the United States, including in traditional and
nontraditional housing; and
(B) the percentage of such individuals in--
(i) homeless shelters;
(ii) penal facilities, including Federal prisons, State
prisons, and county and municipal jails; and
(iii) nursing facilities.
(d) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall--
(1) submit to the Congress a report containing the results
of the study conducted under this section; and
(2) make such report publicly available.
CHAPTER 4--ANNA WESTIN LEGACY
SEC. 1131. MAINTAINING EDUCATION AND TRAINING ON EATING
DISORDERS.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding
at the end the following:
``SEC. 520N. CENTER OF EXCELLENCE FOR EATING DISORDERS FOR
EDUCATION AND TRAINING ON EATING DISORDERS.
``(a) In General.--The Secretary, acting through the
Assistant Secretary, shall maintain, by competitive grant or
contract, a Center of Excellence for Eating Disorders
(referred to in this section as the `Center') to improve the
identification of, interventions for, and treatment of eating
disorders in a manner that is developmentally, culturally,
and linguistically appropriate.
``(b) Subgrants and Subcontracts.--The Center shall
coordinate and implement the activities under subsection (c),
in whole or in part, which may include by awarding
competitive subgrants or subcontracts--
[[Page H10395]]
``(1) across geographical regions; and
``(2) in a manner that is not duplicative.
``(c) Activities.--The Center--
``(1) shall--
``(A) provide training and technical assistance, including
for--
``(i) primary care and mental health providers to carry out
screening, brief intervention, and referral to treatment for
individuals experiencing, or at risk for, eating disorders;
and
``(ii) other paraprofessionals and relevant individuals
providing nonclinical community services to identify and
support individuals with, or at disproportionate risk for,
eating disorders;
``(B) facilitate the development of, and provide training
materials to, health care providers (including primary care
and mental health professionals) regarding the effective
treatment and ongoing support of individuals with eating
disorders, including children and marginalized populations at
disproportionate risk for eating disorders;
``(C) collaborate and coordinate, as appropriate, with
other centers of excellence, technical assistance centers,
and psychiatric consultation lines of the Substance Abuse and
Mental Health Services Administration and the Health
Resources and Services Administration regarding eating
disorders;
``(D) coordinate with the Director of the Centers for
Disease Control and Prevention and the Administrator of the
Health Resources and Services Administration, and other
Federal agencies, as appropriate, to disseminate training to
primary care and mental health care providers; and
``(E) support other activities, as determined appropriate
by the Secretary; and
``(2) may--
``(A) support the integration of protocols pertaining to
screening, brief intervention, and referral to treatment for
individuals experiencing, or at risk for, eating disorders,
with health information technology systems;
``(B) develop and provide training materials to health care
providers, including primary care and mental health
providers, to provide screening, brief intervention, and
referral to treatment for members of the military and
veterans experiencing, or at risk for, eating disorders; and
``(C) consult, as appropriate, with the Secretary of
Defense and the Secretary of Veterans Affairs on prevention,
identification, intervention for, and treatment of eating
disorders.
``(d) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $1,000,000
for each of fiscal years 2023 through 2027.''.
CHAPTER 5--COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION
SEC. 1141. REAUTHORIZATION OF BLOCK GRANTS FOR COMMUNITY
MENTAL HEALTH SERVICES.
(a) Funding.--Section 1920(a) of the Public Health Service
Act (42 U.S.C. 300x-9(a)) is amended by striking
``$532,571,000 for each of fiscal years 2018 through 2022''
and inserting ``$857,571,000 for each of fiscal years 2023
through 2027''.
(b) Set-Aside for Evidence-based Crisis Care Services.--
Section 1920 of the Public Health Service Act (42 U.S.C.
300x-9) is amended by adding at the end the following:
``(d) Crisis Care.--
``(1) In general.--Except as provided in paragraph (3), a
State shall expend at least 5 percent of the amount the State
receives pursuant to section 1911 for each fiscal year to
support evidenced-based programs that address the crisis care
needs of individuals with serious mental illnesses and
children with serious emotional disturbances, which may
include individuals (including children and adolescents)
experiencing mental health crises demonstrating serious
mental illness or serious emotional disturbance, as
applicable.
``(2) Core elements.--At the discretion of the single State
agency responsible for the administration of the program of
the State under a grant under section 1911, funds expended
pursuant to paragraph (1) may be used to fund some or all of
the core crisis care service components, as applicable and
appropriate, including the following:
``(A) Crisis call centers.
``(B) 24/7 mobile crisis services.
``(C) Crisis stabilization programs offering acute care or
subacute care in a hospital or appropriately licensed
facility, as determined by such State, with referrals to
inpatient or outpatient care.
``(3) State flexibility.--In lieu of expending 5 percent of
the amount the State receives pursuant to section 1911 for a
fiscal year to support evidence-based programs as required by
paragraph (1), a State may elect to expend not less than 10
percent of such amount to support such programs by the end of
two consecutive fiscal years.
``(4) Rule of construction.--Section 1912(b)(1)(A)(vi)
shall not be construed as limiting the provision of crisis
care services pursuant to paragraph (1).''.
(c) Report to Congress.--Not later than September 30, 2025,
and biennially thereafter, the Secretary shall provide a
report to the Congress on the crisis care strategies and
programs pursued by States pursuant to subsection (d) of
section 1920 of the Public Health Service Act (42 U.S.C.
300x-9), as added by subsection (b). Such report shall
include--
(1) a description of each State's crisis care activities;
(2) the population served, including information on
demographics, including age;
(3) the outcomes of such activities, including--
(A) how such activities reduced hospitalizations and
hospital stays;
(B) how such activities reduced incidents of suicidal
ideation and behaviors; and
(C) how such activities reduced the severity of onset of
serious mental illness and serious emotional disturbance, as
applicable; and
(4) any other relevant information the Secretary determines
is necessary.
CHAPTER 6--PEER-SUPPORTED MENTAL HEALTH SERVICES
SEC. 1151. PEER-SUPPORTED MENTAL HEALTH SERVICES.
Subpart 3 of part B of title V of the Public Health Service
Act (42 U.S.C. 290bb--31 et seq.) is amended by inserting
after section 520G (42 U.S.C. 290bb--38) the following:
``SEC. 520H. PEER-SUPPORTED MENTAL HEALTH SERVICES.
``(a) Grants Authorized.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use,
shall award grants to eligible entities to enable such
entities to develop, expand, and enhance access to mental
health peer-delivered services.
``(b) Use of Funds.--Grants awarded under subsection (a)
shall be used to develop, expand, and enhance national,
statewide, or community-focused programs, including virtual
peer-support services and technology-related capabilities,
including by--
``(1) carrying out workforce development, recruitment, and
retention activities, to train, recruit, and retain peer-
support providers;
``(2) building connections between mental health treatment
programs, including between community organizations and peer-
support networks, including virtual peer-support networks,
and with other mental health support services;
``(3) reducing stigma associated with mental health
disorders;
``(4) expanding and improving virtual peer mental health
support services, including through the adoption of
technologies and capabilities to expand access to virtual
peer mental health support services, such as by acquiring
equipment and software necessary to efficiently run virtual
peer-support services; and
``(5) conducting research on issues relating to mental
illness and the impact peer-support has on resiliency,
including identifying--
``(A) the signs of mental illness;
``(B) the resources available to individuals with mental
illness and to their families; and
``(C) the resources available to help support individuals
living with mental illness.
``(c) Special Consideration.--In carrying out this section,
the Secretary shall give special consideration to the unique
needs of rural areas.
``(d) Definition.--In this section, the term `eligible
entity' means--
``(1) a consumer-run nonprofit organization that--
``(A) is principally governed by people living with a
mental health condition; and
``(B) mobilizes resources within and outside of the mental
health community, which may include through peer-support
networks, to increase the prevalence and quality of long-term
wellness of individuals living with a mental health
condition, including those with a co-occurring substance use
disorder; or
``(2) an Indian Tribe, Tribal organization, Urban Indian
organization, or consortium of Tribes or Tribal
organizations.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $13,000,000 for
each of fiscal years 2023 through 2027.''.
Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery
Services
CHAPTER 1--NATIVE BEHAVIORAL HEALTH RESOURCES
SEC. 1201. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER
RESOURCES FOR NATIVE AMERICANS.
Section 506A of the Public Health Service Act (42 U.S.C.
290aa-5a) is amended to read as follows:
``SEC. 506A. BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER
RESOURCES FOR NATIVE AMERICANS.
``(a) Definitions.--In this section:
``(1) The term `eligible entity' means any health program
administered directly by the Indian Health Service, a Tribal
health program, an Indian Tribe, a Tribal organization, an
Urban Indian organization, and a Native Hawaiian health
organization.
``(2) The terms `Indian Tribe', `Tribal health program',
`Tribal organization', and `Urban Indian organization' have
the meanings given to the terms `Indian tribe', `Tribal
health program', `tribal organization', and `Urban Indian
organization' in section 4 of the Indian Health Care
Improvement Act.
``(3) The term `health program administered directly by the
Indian Health Service' means a `health program administered
by the Service' as such term is used in section 4(12)(A) of
the Indian Health Care Improvement Act.
``(4) The term `Native Hawaiian health organization' means
`Papa Ola Lokahi' as defined in section 12 of the Native
Hawaiian Health Care Improvement Act.
``(b) Grant Program.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, and
in consultation with the Director of the Indian Health
Service, as appropriate, shall award funds to eligible
entities, in amounts developed in accordance with paragraph
(2), to be used by the eligible entity to provide services
for the prevention of, treatment of, and recovery from mental
health and substance use disorders among American Indians,
Alaska Natives, and Native Hawaiians.
``(2) Formula.--The Secretary, in consultation with the
Director of the Indian Health Service, using the process
described in subsection (d), shall develop a formula to
determine the amount of an award under paragraph (1).
``(3) Delivery of funds.--On request from an Indian Tribe
or Tribal organization, the Secretary, acting through the
Assistant Secretary
[[Page H10396]]
for Mental Health and Substance Use and in coordination with
the Director of the Indian Health Service, may award funds
under this section through a contract or compact under, as
applicable, title I or V of the Indian Self-Determination and
Education Assistance Act.
``(c) Technical Assistance and Program Evaluation.--
``(1) In general.--The Secretary shall--
``(A) provide technical assistance to applicants and
awardees under this section; and
``(B) in consultation with Indian Tribes and Tribal
organizations, conference with Urban Indian organizations,
and engagement with a Native Hawaiian health organization,
identify and establish appropriate mechanisms for Indian
Tribes and Tribal organizations, Urban Indian organizations,
and a Native Hawaiian health organization to demonstrate
outcomes and report data as required for participation in the
program under this section.
``(2) Data submission and reporting.--As a condition of
receipt of funds under this section, an applicant shall agree
to submit program evaluation data and reports consistent with
the data submission and reporting requirements developed
under this subsection.
``(d) Consultation.--The Secretary shall, using an
accountable process, consult with Indian Tribes and Tribal
organizations, confer with Urban Indian organizations, and
engage with a Native Hawaiian health organization regarding
the development of funding allocations pursuant to subsection
(b)(2) and program evaluation and reporting requirements
pursuant to subsection (c). In establishing such
requirements, the Secretary shall seek to minimize
administrative burden for eligible entities, as practicable.
``(e) Application.--An entity desiring an award under
subsection (b) shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(f) Report.--Not later than 3 years after the date of the
enactment of the Restoring Hope for Mental Health and Well-
Being Act of 2022, the Secretary shall prepare and submit, to
the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce of the
House of Representatives, a report describing the services
provided pursuant to this section.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$80,000,000 for each of fiscal years 2023 through 2027.''.
CHAPTER 2--SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY
SEC. 1211. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.
Section 506(e) of the Public Health Service Act (42 U.S.C.
290aa-5(e)) is amended by striking ``2018 through 2022'' and
inserting ``2023 through 2027''.
SEC. 1212. PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF
REGIONAL AND NATIONAL SIGNIFICANCE.
Section 509 of the Public Health Service Act (42 U.S.C.
290bb-2) is amended--
(1) in the section heading, by striking ``abuse'' and
inserting ``use disorder'';
(2) in subsection (a)--
(A) by striking ``tribes and tribal organizations (as the
terms `Indian tribes' and `tribal organizations' are
defined'' and inserting ``Tribes and Tribal organizations (as
such terms are defined''; and
(B) in paragraph (3), by striking ``in substance abuse''
and inserting ``in substance use disorders'';
(3) in subsection (b), in the subsection heading, by
striking ``Abuse'' and inserting ``Use Disorder''; and
(4) in subsection (f), by striking ``$333,806,000 for each
of fiscal years 2018 through 2022'' and inserting
``$521,517,000 for each of fiscal years 2023 through 2027''.
SEC. 1213. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN
TREATMENT AND INTERVENTIONS DEMONSTRATION.
Section 514B of the Public Health Service Act (42 U.S.C.
290bb-10) is amended--
(1) in subsection (a)(1)--
(A) by striking ``substance abuse'' and inserting
``substance use disorder'';
(B) by striking ``tribes and tribal organizations'' and
inserting ``Tribes and Tribal organizations''; and
(C) by striking ``addiction'' and inserting ``substance use
disorders'';
(2) in subsection (e)(3), by striking ``tribes and tribal
organizations'' and inserting ``Tribes and Tribal
organizations''; and
(3) in subsection (f), by striking ``2017 through 2021''
and inserting ``2023 through 2027''.
SEC. 1214. PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS
OF REGIONAL AND NATIONAL SIGNIFICANCE.
Section 516 of the Public Health Service Act (42 U.S.C.
290bb-22) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``abuse'' and inserting
``use''; and
(B) in the matter following paragraph (3), by striking
``tribes or tribal organizations'' and inserting ``Tribes or
Tribal organizations'';
(2) in subsection (b), in the subsection heading, by
striking ``Abuse'' and inserting ``Use Disorder''; and
(3) in subsection (f), by striking ``$211,148,000 for each
of fiscal years 2018 through 2022'' and inserting
``$218,219,000 for each of fiscal years 2023 through 2027''.
SEC. 1215. SOBER TRUTH ON PREVENTING (STOP) UNDERAGE DRINKING
REAUTHORIZATION.
Section 519B of the Public Health Service Act (42 U.S.C.
290bb-25b) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--For purposes of this section:
``(1) The term `alcohol beverage industry' means the
brewers, vintners, distillers, importers, distributors, and
retail or online outlets that sell or serve beer, wine, and
distilled spirits.
``(2) The term `school-based prevention' means programs,
which are institutionalized, and run by staff members or
school-designated persons or organizations in any grade of
school, kindergarten through 12th grade.
``(3) The term `youth' means persons under the age of
21.''; and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Interagency Coordinating Committee; Annual Report on
State Underage Drinking Prevention and Enforcement
Activities.--
``(1) Interagency coordinating committee on the prevention
of underage drinking.--
``(A) In general.--The Secretary, in collaboration with the
Federal officials specified in subparagraph (B), shall
continue to support and enhance the efforts of the
interagency coordinating committee, that began operating in
2004, focusing on underage drinking (referred to in this
subsection as the `Committee').
``(B) Other agencies.--The officials referred to in
subparagraph (A) are the Secretary of Education, the Attorney
General, the Secretary of Transportation, the Secretary of
the Treasury, the Secretary of Defense, the Surgeon General,
the Director of the Centers for Disease Control and
Prevention, the Director of the National Institute on Alcohol
Abuse and Alcoholism, the Assistant Secretary for Mental
Health and Substance Use, the Director of the National
Institute on Drug Abuse, the Assistant Secretary for Children
and Families, the Director of the Office of National Drug
Control Policy, the Administrator of the National Highway
Traffic Safety Administration, the Administrator of the
Office of Juvenile Justice and Delinquency Prevention, the
Chairman of the Federal Trade Commission, and such other
Federal officials as the Secretary of Health and Human
Services determines to be appropriate.
``(C) Chair.--The Secretary of Health and Human Services
shall serve as the chair of the Committee.
``(D) Duties.--The Committee shall guide policy and program
development across the Federal Government with respect to
underage drinking, provided, however, that nothing in this
section shall be construed as transferring regulatory or
program authority from an agency to the Committee.
``(E) Consultations.--The Committee shall actively seek the
input of and shall consult with all appropriate and
interested parties, including States, public health research
and interest groups, foundations, and alcohol beverage
industry trade associations and companies.
``(F) Annual report.--
``(i) In general.--The Secretary, on behalf of the
Committee, shall annually submit to the Congress a report
that summarizes--
``(I) all programs and policies of Federal agencies
designed to prevent and reduce underage drinking, including
such programs and policies that support State efforts to
prevent or reduce underage drinking;
``(II) the extent of progress in preventing and reducing
underage drinking at State and national levels;
``(III) data that the Secretary shall collect with respect
to the information specified in clause (ii); and
``(IV) such other information regarding underage drinking
as the Secretary determines to be appropriate.
``(ii) Certain information.--The report under clause (i)
shall include information on the following:
``(I) Patterns and consequences of underage drinking as
reported in research and surveys such as, but not limited to,
Monitoring the Future, Youth Risk Behavior Surveillance
System, the National Survey on Drug Use and Health, and the
Fatality Analysis Reporting System.
``(II) Measures of the availability of alcohol from
commercial and non-commercial sources to underage
populations.
``(III) Measures of the exposure of underage populations to
messages regarding alcohol in advertising, social media, and
the entertainment media.
``(IV) Surveillance data, including, to the extent such
information is available, information on the onset and
prevalence of underage drinking, consumption patterns and
beverage preferences, trends related to drinking among
different age groups, including between youth and adults, the
means of underage access, including trends over time, for
these surveillance data, and other data, as appropriate. The
Secretary shall develop a plan to improve the collection,
measurement, and consistency of reporting Federal underage
alcohol data.
``(V) Any additional findings resulting from research
conducted or supported under subsection (g).
``(VI) Evidence-based best practices to prevent and reduce
underage drinking and provide treatment services to those
youth who need such services.
``(2) Annual report on state underage drinking prevention
and enforcement activities.--
``(A) In general.--The Secretary shall, with input and
collaboration from other appropriate Federal agencies,
States, Indian Tribes, territories, and public health,
consumer, and alcohol beverage industry groups, annually
issue a report on each State's performance in enacting,
enforcing, and creating laws, regulations, programs, and
other actions to prevent or reduce underage drinking based on
the best practices identified pursuant to paragraph
(1)(F)(ii)(VI). For purposes of this paragraph, each such
report, with respect to a year, shall be referred to as the
`State Report'. Each State Report may be
[[Page H10397]]
used as a resource to inform the identification and
implementation of activities to prevent underage drinking, as
determined to be appropriate by such State or other
applicable entity.
``(B) Contents.--
``(i) Performance measures.--The Secretary shall develop,
in consultation with the Committee, a set of measures to be
used in preparing the State Report on best practices,
including as they relate to State laws, regulations, other
actions, and enforcement practices.
``(ii) State report content.--The State Report shall
include updates on State laws, regulations, and other
actions, including those described in previous reports to
Congress, including with respect to the following:
``(I) Whether or not the State has comprehensive anti-
underage drinking laws such as for the illegal sale,
purchase, attempt to purchase, consumption, or possession of
alcohol; illegal use of fraudulent ID; illegal furnishing or
obtaining of alcohol for an individual under 21 years; the
degree of strictness of the penalties for such offenses; and
the prevalence of the enforcement of each of these
infractions.
``(II) Whether or not the State has comprehensive liability
statutes pertaining to underage access to alcohol such as
dram shop, social host, and house party laws, and the
prevalence of enforcement of each of these laws.
``(III) Whether or not the State encourages and conducts
comprehensive enforcement efforts to prevent underage access
to alcohol at retail outlets, such as random compliance
checks and shoulder tap programs, and the number of
compliance checks within alcohol retail outlets measured
against the number of total alcohol retail outlets in each
State, and the result of such checks.
``(IV) Whether or not the State encourages training on the
proper selling and serving of alcohol for all sellers and
servers of alcohol as a condition of employment.
``(V) Whether or not the State has policies and regulations
with regard to direct sales to consumers and home delivery of
alcoholic beverages.
``(VI) Whether or not the State has programs or laws to
deter adults from purchasing alcohol for minors; and the
number of adults targeted by these programs.
``(VII) Whether or not the State has enacted graduated
drivers licenses and the extent of those provisions.
``(VIII) Whether or not the State has adopted any other
policies consistent with evidence-based practices related to
the prevention of underage alcohol use, which may include any
such practices described in relevant reports issued by the
Surgeon General and practices related to youth exposure to
alcohol-related products and information.
``(IX) A description of the degree to which the practices
of local jurisdictions within the State vary from one
another.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000
for each of fiscal years 2023 through 2027.
``(d) National Media Campaign To Prevent Underage
Drinking.--
``(1) In general.--The Secretary, in consultation with the
National Highway Traffic Safety Administration, shall develop
or continue an intensive, multifaceted national media
campaign aimed at adults to reduce underage drinking.
``(2) Purpose.--The purpose of the national media campaign
described in this section shall be to achieve the following
objectives:
``(A) Promote community awareness of, and a commitment to,
reducing underage drinking.
``(B) Encourage activities, including activities carried
out by adults, that inhibit the illegal use of alcohol by
youth.
``(C) Discourage activities, including activities carried
out by adults, that promote the illegal use of alcohol by
youth.
``(3) Components.--When implementing the national media
campaign described in this section, the Secretary shall--
``(A) educate the public about the public health and safety
benefits of evidence-based strategies to reduce underage
drinking, including existing laws related to the minimum
legal drinking age, and engage the public and parents in the
implementation of such strategies;
``(B) educate the public about the negative consequences of
underage drinking;
``(C) identify specific actions by adults to discourage or
inhibit underage drinking;
``(D) discourage adult conduct that tends to facilitate
underage drinking;
``(E) establish collaborative relationships with local and
national organizations and institutions to further the goals
of the campaign and assure that the messages of the campaign
are disseminated from a variety of sources;
``(F) conduct the campaign through multi-media sources; and
``(G) take into consideration demographics and other
relevant factors to most effectively reach target audiences.
``(4) Consultation requirement.--In developing and
implementing the national media campaign described in this
section, the Secretary shall review recommendations for
reducing underage drinking, including those published by the
National Academies of Sciences, Engineering, and Medicine and
the Surgeon General. The Secretary shall also consult with
interested parties including the alcohol beverage industry,
medical, public health, and consumer and parent groups, law
enforcement, institutions of higher education, community-
based organizations and coalitions, and other relevant
stakeholders.
``(5) Annual report.--The Secretary shall produce an annual
report on the progress of the development or implementation
of the media campaign described in this subsection, including
expenses and projected costs, and, as such information is
available, report on the effectiveness of such campaign in
affecting adult attitudes toward underage drinking and adult
willingness to take actions to decrease underage drinking.
``(6) Research on youth-oriented campaign.--The Secretary
may, based on the availability of funds, conduct or support
research on the potential success of a youth-oriented
national media campaign to reduce underage drinking. The
Secretary shall report to Congress any such results and any
related recommendations.
``(7) Administration.--The Secretary may enter into an
agreement with another Federal agency to delegate the
authority for execution and administration of the adult-
oriented national media campaign.
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000 for
each of fiscal years 2023 through 2027.
``(e) Community-Based Coalition Enhancement Grants To
Prevent Underage Drinking.--
``(1) Authorization of program.--The Assistant Secretary
for Mental Health and Substance Use, in consultation with the
Director of the Office of National Drug Control Policy, shall
award enhancement grants to eligible entities to design,
implement, evaluate, and disseminate comprehensive strategies
to maximize the effectiveness of community-wide approaches to
preventing and reducing underage drinking. This subsection is
subject to the availability of appropriations.
``(2) Purposes.--The purposes of this subsection are to--
``(A) prevent and reduce alcohol use among youth in
communities throughout the United States;
``(B) strengthen collaboration among communities, the
Federal Government, Tribal Governments, and State and local
governments;
``(C) enhance intergovernmental cooperation and
coordination on the issue of alcohol use among youth;
``(D) serve as a catalyst for increased citizen
participation and greater collaboration among all sectors and
organizations of a community that first demonstrates a long-
term commitment to reducing alcohol use among youth;
``(E) implement evidence-based strategies to prevent and
reduce underage drinking in communities; and
``(F) enhance, not supplant, effective local community
initiatives for preventing and reducing alcohol use among
youth.
``(3) Application.--An eligible entity desiring an
enhancement grant under this subsection shall submit an
application to the Assistant Secretary at such time, and in
such manner, and accompanied by such information and
assurances, as the Assistant Secretary may require. Each
application shall include--
``(A) a complete description of the entity's current
underage alcohol use prevention initiatives and how the grant
will appropriately enhance the focus on underage drinking
issues; or
``(B) a complete description of the entity's current
initiatives, and how it will use the grant to enhance those
initiatives by adding a focus on underage drinking
prevention.
``(4) Uses of funds.--Each eligible entity that receives a
grant under this subsection shall use the grant funds to
carry out the activities described in such entity's
application submitted pursuant to paragraph (3) and obtain
specialized training and technical assistance by the entity
funded under section 4 of Public Law 107-82, as amended (21
U.S.C. 1521 note). Grants under this subsection shall not
exceed $60,000 per year and may not exceed four years.
``(5) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
``(6) Evaluation.--Grants under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures imposed on
recipients of drug-free community grants.
``(7) Definitions.--For purposes of this subsection, the
term `eligible entity' means an organization that is
currently receiving or has received grant funds under the
Drug-Free Communities Act of 1997.
``(8) Administrative expenses.--Not more than 6 percent of
a grant under this subsection may be expended for
administrative expenses.
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $11,500,000
for each of fiscal years 2023 through 2027.
``(f) Grants to Organizations Representing Pediatric
Providers and Other Related Health Professionals To Reduce
Underage Drinking Through Screening and Brief
Interventions.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use,
shall make awards to one or more entities representing
pediatric providers and other related health professionals
with demonstrated ability to increase among the members of
such entities effective practices to reduce the prevalence of
alcohol use among individuals under the age of 21, including
college students.
``(2) Purposes.--Grants under this subsection shall be made
to improve--
``(A) screening adolescents for alcohol use;
``(B) offering brief interventions to adolescents to
discourage such use;
``(C) educating parents about the dangers of and methods of
discouraging such use;
``(D) diagnosing and treating alcohol use disorders; and
``(E) referring patients, when necessary, to other
appropriate care.
``(3) Use of funds.--An entity receiving a grant under this
section may use the grant funding to promote the practices
specified in paragraph (2) among its members by--
``(A) providing training to health care providers;
[[Page H10398]]
``(B) disseminating best practices, including culturally
and linguistically appropriate best practices, and developing
and distributing materials; and
``(C) supporting other activities as determined appropriate
by the Assistant Secretary.
``(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Assistant Secretary at such time, and in such manner, and
accompanied by such information and assurances as the
Secretary may require. Each application shall include--
``(A) a description of the entity;
``(B) a description of the activities to be completed that
will promote the practices specified in paragraph (2);
``(C) a description of the entity's qualifications for
performing such activities; and
``(D) a timeline for the completion of such activities.
``(5) Definitions.--For the purpose of this subsection:
``(A) Brief intervention.--The term `brief intervention'
means, after screening a patient, providing the patient with
brief advice and other brief motivational enhancement
techniques designed to increase the insight of the patient
regarding the patient's alcohol use, and any realized or
potential consequences of such use to effect the desired
related behavioral change.
``(B) Screening.--The term `screening' means using
validated patient interview techniques to identify and assess
the existence and extent of alcohol use in a patient.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000
for each of fiscal years 2023 through 2027.
``(g) Data Collection and Research.--
``(1) Additional research on underage drinking.--
``(A) In general.--The Secretary shall, subject to the
availability of appropriations, support the collection of
data, and conduct or support research that is not duplicative
of research currently being conducted or supported by the
Department of Health and Human Services, on underage
drinking, with respect to the following:
``(i) The evaluation, which may include through the
development of relevant capabilities of expertise within a
State, of the effectiveness of comprehensive community-based
programs or strategies and statewide systems to prevent and
reduce underage drinking, across the underage years from
early childhood to age 21, such as programs funded and
implemented by governmental entities, public health interest
groups and foundations, and alcohol beverage companies and
trade associations.
``(ii) Obtaining and reporting more precise information
than is currently collected on the scope of the underage
drinking problem and patterns of underage alcohol
consumption, including improved knowledge about the problem
and progress in preventing, reducing, and treating underage
drinking, as well as information on the rate of exposure of
youth to advertising and other media messages encouraging and
discouraging alcohol consumption.
``(iii) The development and identification of evidence-
based or evidence-informed strategies to reduce underage
drinking, which may include through translational research.
``(iv) Improving and conducting public health data
collection on alcohol use and alcohol-related conditions in
States, which may include by increasing the use of surveys,
such as the Behavioral Risk Factor Surveillance System, to
monitor binge and excessive drinking and related harms among
individuals who are at least 18 years of age, but not more
than 20 years of age, including harm caused to self or others
as a result of alcohol use that is not duplicative of
research currently being conducted or supported by the
Department of Health and Human Services.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $5,000,000 for
each of fiscal years 2023 through 2027.
``(2) National academies of sciences, engineering, and
medicine study.--
``(A) In general.--Not later than 12 months after the date
of enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, the Secretary shall--
``(i) contract with the National Academies of Sciences,
Engineering, and Medicine to study developments in research
on underage drinking and the implications of these
developments; and
``(ii) report to the Congress on the results of such
review.
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $500,000 for
fiscal year 2023.''.
SEC. 1216. GRANTS FOR JAIL DIVERSION PROGRAMS.
Section 520G of the Public Health Service Act (42 U.S.C.
290bb-38) is amended--
(1) in subsection (a)--
(A) by striking ``up to 125''; and
(B) by striking ``tribes and tribal organizations'' and
inserting ``Tribes and Tribal organizations'';
(2) in subsection (b)(2), by striking ``tribes, and tribal
organizations'' and inserting ``Tribes, and Tribal
organizations'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Indian tribe or tribal
organization'' and inserting ``an Indian Tribe or Tribal
organization, a health facility or program described in
subsection (a), or a public or nonprofit entity referred to
in subsection (a)''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by inserting ``peer recovery support
services,'' after ``disorder treatment,''; and
(ii) in clause (iii), by striking ``tribe, or tribal
organization'' and inserting ``Tribe, or Tribal
organization'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking
``tribe, or tribal organization'' and inserting ``Tribe, or
Tribal organization'';
(B) in paragraph (3), by inserting ``and
paraprofessionals'' after ``professionals''; and
(C) in paragraph (5), by striking ``or arrest'' and
inserting ``, arrest, or release'';
(5) in subsection (f), by striking ``tribe, or tribal
organization'' each place it appears and inserting ``Tribe,
or Tribal organization'';
(6) in subsection (h), by striking ``tribe, or tribal
organization'' and inserting ``Tribe, or Tribal
organization''; and
(7) in subsection (j), by striking ``$4,269,000 for each of
fiscal years 2018 through 2022'' and inserting ``$14,000,000
for each of fiscal years 2023 through 2027''.
SEC. 1217. FORMULA GRANTS TO STATES.
Section 521 of the Public Health Service Act (42 U.S.C.
290cc-21) is amended by striking ``2018 through 2022'' and
inserting ``2023 through 2027''.
SEC. 1218. PROJECTS FOR ASSISTANCE IN TRANSITION FROM
HOMELESSNESS.
Section 535(a) of the Public Health Service Act (42 U.S.C.
290cc-35(a)) is amended by striking ``2018 through 2022'' and
inserting ``2023 through 2027''.
SEC. 1219. GRANTS FOR REDUCING OVERDOSE DEATHS.
(a) Grants.--
(1) Repeal of maximum grant amount.--Paragraph (2) of
section 544(a) of the Public Health Service Act (42 U.S.C.
290dd-3(a)) is hereby repealed.
(2) Eligible entity; subgrants.--Section 544(a) of the
Public Health Service Act (42 U.S.C. 290dd-3(a)) is amended
by striking paragraph (3) and inserting the following:
``(2) Eligible entity.--For purposes of this section, the
term `eligible entity' means a State, Territory, locality, or
Indian Tribe or Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act).
``(3) Subgrants.--For the purposes for which a grant is
awarded under this section, the eligible entity receiving the
grant may award subgrants to a Federally qualified health
center (as defined in section 1861(aa) of the Social Security
Act), an opioid treatment program (as defined in section 8.2
of title 42, Code of Federal Regulations (or any successor
regulations)), any practitioner dispensing narcotic drugs
pursuant to section 303(g) of the Controlled Substances Act,
or any nonprofit organization that the Secretary deems
appropriate, which may include Urban Indian organizations (as
defined in section 4 of the Indian Health Care Improvement
Act).''.
(3) Prescribing.--Section 544(a)(4) of the Public Health
Service Act (42 U.S.C. 290dd-3(a)(4)) is amended--
(A) in subparagraph (A), by inserting ``, including
patients prescribed both an opioid and a benzodiazepine''
before the semicolon at the end; and
(B) in subparagraph (D), by striking ``drug overdose'' and
inserting ``overdose''.
(4) Use of funds.--Paragraph (5) of section 544(c) of the
Public Health Service Act (42 U.S.C. 290dd-3(c)) is amended
to read as follows:
``(5) To establish protocols to connect patients who have
experienced an overdose with appropriate treatment, including
overdose reversal medications, medication assisted treatment,
and appropriate counseling and behavioral therapies.''.
(5) Improving access to overdose treatment.--Section 544 of
the Public Health Service Act (42 U.S.C. 290dd-3) is
amended--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(B) in subsection (f), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (e)''; and
(C) by inserting after subsection (c) the following:
``(d) Improving Access to Overdose Treatment.--
``(1) Information on best practices.--
``(A) Health and human services.--The Secretary of Health
and Human Services may provide information to States,
localities, Indian Tribes, Tribal organizations, and Urban
Indian organizations on best practices for prescribing or co-
prescribing a drug or device approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic
Act for emergency treatment of known or suspected opioid
overdose, including for patients receiving chronic opioid
therapy and patients being treated for opioid use disorders.
``(B) Defense.--The Secretary of Health and Human Services
may, as appropriate, consult with the Secretary of Defense
regarding the provision of information to prescribers within
Department of Defense medical facilities on best practices
for prescribing or co-prescribing a drug or device approved,
cleared, or otherwise legally marketed under the Federal
Food, Drug, and Cosmetic Act for emergency treatment of known
or suspected opioid overdose, including for patients
receiving chronic opioid therapy and patients being treated
for opioid use disorders.
``(C) Veterans affairs.--The Secretary of Health and Human
Services may, as appropriate, consult with the Secretary of
Veterans Affairs regarding the provision of information to
prescribers within Department of Veterans Affairs medical
facilities on best practices for prescribing or co-
prescribing a drug or device approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic
Act for emergency treatment of known or suspected opioid
overdose, including for patients receiving chronic opioid
therapy and patients being treated for opioid use disorders.
[[Page H10399]]
``(2) Rule of construction.--Nothing in this subsection
shall be construed as establishing or contributing to a
medical standard of care.''.
(6) Authorization of appropriations.--Section 544(g) of the
Public Health Service Act (42 U.S.C. 290dd-3(g)), as
redesignated, is amended by striking ``fiscal years 2017
through 2021'' and inserting ``fiscal years 2023 through
2027''.
(7) Technical amendments.--
(A) Section 544 of the Public Health Service Act (42 U.S.C.
290dd-3), as amended, is further amended by striking
``approved or cleared'' each place it appears and inserting
``approved, cleared, or otherwise legally marketed''.
(B) Section 107 of the Comprehensive Addiction and Recovery
Act of 2016 (Public Law 114-198) is amended by striking
subsection (b).
SEC. 1220. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND
EDUCATION GRANT PROGRAMS.
(a) Grants.--Section 545 of the Public Health Service Act
(42 U.S.C. 290ee) is amended--
(1) in the section heading, by striking ``access and
education grant programs'' and inserting ``access, education,
and co-prescribing grant programs'';
(2) in the heading of subsection (a), by striking ``Grants
to States'' and inserting ``Grants'';
(3) in subsection (a), by striking ``shall make grants to
States'' and inserting ``shall make grants to States,
localities, Indian Tribes, and Tribal organizations (as those
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act)'';
(4) in subsection (a)(1), by striking ``implement
strategies for pharmacists to dispense a drug or device'' and
inserting ``implement strategies that increase access to
drugs or devices'';
(5) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(6) by inserting after paragraph (2) the following:
``(3) encourage health care providers to co-prescribe, as
appropriate, drugs or devices approved, cleared, or otherwise
legally marketed under the Federal Food, Drug, and Cosmetic
Act for emergency treatment of known or suspected opioid
overdose;''.
(b) Grant Period.--Section 545(d)(2) of the Public Health
Service Act (42 U.S.C. 290ee(d)(2)) is amended by striking
``3 years'' and inserting ``5 years''.
(c) Limitation.--Paragraph (3) of section 545(d) of the
Public Health Service Act (42 U.S.C. 290ee(d)) is amended to
read as follows:
``(3) Limitations.--A State may--
``(A) use not more than 10 percent of a grant under this
section for educating the public pursuant to subsection
(a)(5); and
``(B) use not less than 20 percent of a grant under this
section to offset cost-sharing for distribution and
dispensing of drugs or devices approved, cleared, or
otherwise legally marketed under the Federal Food, Drug, and
Cosmetic Act for emergency treatment of known or suspected
opioid overdose.''.
(d) Authorization of Appropriations.--Section 545(h)(1) of
the Public Health Service Act, is amended by striking
``fiscal years 2017 through 2019'' and inserting ``fiscal
years 2023 through 2027''.
(e) Technical Amendment.--Section 545 of the Public Health
Service Act (42 U.S.C. 290ee), as amended, is further amended
by striking ``approved or cleared'' each place it appears and
inserting ``approved, cleared, or otherwise legally
marketed''.
SEC. 1221. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS.
Section 7091 of the SUPPORT for Patients and Communities
Act (Public Law 115-271) is amended--
(1) in the section heading, by striking ``demonstration''
(and by conforming the item relating to such section in the
table of contents in section 1(b));
(2) in subsection (a)--
(A) by amending the subsection heading to read as follows:
``Grant Program''; and
(B) in paragraph (1), by striking ``demonstration'';
(3) in subsection (b), in the subsection heading, by
striking ``Demonstration'';
(4) in subsection (d)(4), by striking ``tribal'' and
inserting ``Tribal'';
(5) in subsection (f)--
(A) in the heading, by striking ``Report'' and inserting
``Reports''; and
(B) in the matter preceding paragraph (1), by striking
``Not later than 1 year after completion of the demonstration
program under this section, the Secretary shall submit a
report to the Congress on the results of the demonstration
program'' and inserting ``Not later than the end of each of
fiscal years 2024 and 2027, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the results of the program'';
and
(6) in subsection (g), by striking ``2019 through 2021''
and inserting ``2023 through 2027''.
CHAPTER 3--EXCELLENCE IN RECOVERY HOUSING
SEC. 1231. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE
AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.
Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa) is amended--
(1) in paragraph (24)(E), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(26) collaborate with national accrediting entities,
recovery housing providers, organizations or individuals with
established expertise in delivery of recovery housing
services, States, Federal agencies (including the Department
of Health and Human Services, the Department of Housing and
Urban Development, and the agencies listed in section
550(e)(2)(B)), and other relevant stakeholders, to promote
the availability of high-quality recovery housing and
services for individuals with a substance use disorder.''.
SEC. 1232. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE
AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.
Section 550(a) of the Public Health Service Act (42 U.S.C.
290ee-5(a)) (relating to national recovery housing best
practices) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary, in consultation with the
individuals and entities specified in paragraph (2), shall
continue activities to identify, facilitate the development
of, and periodically update consensus-based best practices,
which may include model laws for implementing suggested
minimum standards for operating, and promoting the
availability of, high-quality recovery housing.'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) officials representing the agencies described in
subsection (e)(2);'';
(B) by redesignating subparagraphs (C) through (G) as
subparagraphs (B) through (F), respectively;
(C) in subparagraph (B), as so redesignated, by striking
``tribal'' and inserting ``Tribal''; and
(D) in subparagraph (D), as so redesignated, by striking
``tribes, tribal organizations, and tribally'' and inserting
``Tribes, Tribal organizations, and Tribally''; and
(3) by adding at the end the following:
``(3) Availability.--The best practices referred to in
paragraph (1) shall be--
``(A) made publicly available; and
``(B) published on the public website of the Substance
Abuse and Mental Health Services Administration.
``(4) Exclusion of guideline on treatment services.--In
facilitating the development of best practices under
paragraph (1), the Secretary may not include any best
practices with respect to substance use disorder treatment
services.''.
SEC. 1233. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE
AVAILABILITY OF RECOVERY HOUSING.
Section 550 of the Public Health Service Act (42 U.S.C.
290ee-5) (relating to national recovery housing best
practices), as amended by section 1232, is further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(2) in subsection (c)(2), by striking ``Indian tribes,
tribal'' and inserting ``Indian Tribes, Tribal'';
(3) in subsection (h)(2), as so redesignated--
(A) by striking ``Indian tribe'' and inserting ``Indian
Tribe''; and
(B) by striking ``tribal organization'' and inserting
``Tribal organization''; and
(4) by inserting after subsection (d) the following:
``(e) Coordination of Federal Activities To Promote the
Availability of Housing for Individuals Experiencing
Homelessness, Individuals With a Mental Illness, and
Individuals With a Substance Use Disorder.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary, and the Secretary of Housing and Urban
Development shall convene an interagency working group for
the following purposes:
``(A) To increase collaboration, cooperation, and
consultation among the Department of Health and Human
Services, the Department of Housing and Urban Development,
and the Federal agencies listed in paragraph (2)(B), with
respect to promoting the availability of housing, including
high-quality recovery housing, for individuals experiencing
homelessness, individuals with mental illnesses, and
individuals with substance use disorder.
``(B) To align the efforts of such agencies and avoid
duplication of such efforts by such agencies.
``(C) To develop objectives, priorities, and a long-term
plan for supporting State, Tribal, and local efforts with
respect to the operation of high-quality recovery housing
that is consistent with the best practices developed under
this section.
``(D) To improve information on the quality of recovery
housing.
``(2) Composition.--The interagency working group under
paragraph (1) shall be composed of--
``(A) the Secretary, acting through the Assistant
Secretary, and the Secretary of Housing and Urban
Development, who shall serve as the co-chairs; and
``(B) representatives of each of the following Federal
agencies:
``(i) The Centers for Medicare & Medicaid Services.
``(ii) The Substance Abuse and Mental Health Services
Administration.
``(iii) The Health Resources and Services Administration.
``(iv) The Office of the Inspector General of the
Department of Health and Human Services.
``(v) The Indian Health Service.
``(vi) The Department of Agriculture.
``(vii) The Department of Justice.
``(viii) The Office of National Drug Control Policy.
``(ix) The Bureau of Indian Affairs.
``(x) The Department of Labor.
``(xi) The Department of Veterans Affairs.
``(xii) Any other Federal agency as the co-chairs determine
appropriate.
``(3) Meetings.--The working group shall meet on a
quarterly basis.
``(4) Reports to congress.--Not later than 4 years after
the date of the enactment of this section, the working group
shall submit to the Committee on Health, Education, Labor,
and Pensions, the Committee on Agriculture, Nutrition, and
Forestry, and the Committee on Finance of the Senate and the
Committee on Energy and Commerce, the Committee on Ways
[[Page H10400]]
and Means, the Committee on Agriculture, and the Committee on
Financial Services of the House of Representatives a report
describing the work of the working group and any
recommendations of the working group to improve Federal,
State, and local coordination with respect to recovery
housing and other housing resources and operations for
individuals experiencing homelessness, individuals with a
mental illness, and individuals with a substance use
disorder.''.
SEC. 1234. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY AND REPORT.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental
Health and Substance Use, shall--
(1) contract with the National Academies of Sciences,
Engineering, and Medicine--
(A) to study the quality and effectiveness of recovery
housing in the United States and whether the availability of
such housing meets demand; and
(B) to identify recommendations to promote the availability
of high-quality recovery housing; and
(2) report to the Congress on the results of such review.
(b) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $1,500,000
for fiscal year 2023.
SEC. 1235. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF
RECOVERY HOUSING AND SERVICES.
Section 550 of the Public Health Service Act (42 U.S.C.
290ee-5) (relating to national recovery housing best
practices), as amended by sections 1232 and 1233, is further
amended by inserting after subsection (e) (as inserted by
section 1233) the following:
``(f) Grants for Implementing National Recovery Housing
Best Practices.--
``(1) In general.--The Secretary shall award grants to
States (and political subdivisions thereof), Indian Tribes,
and territories--
``(A) for the provision of technical assistance to
implement the guidelines and recommendations developed under
subsection (a); and
``(B) to promote--
``(i) the availability of recovery housing for individuals
with a substance use disorder; and
``(ii) the maintenance of recovery housing in accordance
with best practices developed under this section.
``(2) State promotion plans.--Not later than 90 days after
receipt of a grant under paragraph (1), and every 2 years
thereafter, each State (or political subdivisions thereof,)
Indian Tribe, or territory receiving a grant under paragraph
(1) shall submit to the Secretary, and publish on a publicly
accessible internet website of the State (or political
subdivisions thereof), Indian Tribe, or territory--
``(A) the plan of the State (or political subdivisions
thereof), Indian Tribe, or territory, with respect to the
promotion of recovery housing for individuals with a
substance use disorder located within the jurisdiction of
such State (or political subdivisions thereof), Indian Tribe,
or territory; and
``(B) a description of how such plan is consistent with the
best practices developed under this section.''.
SEC. 1236. FUNDING.
Subsection (i) of section 550 of the Public Health Service
Act (42 U.S.C. 290ee-5) (relating to national recovery
housing best practices), as redesignated by section 1233, is
amended by striking ``$3,000,000 for the period of fiscal
years 2019 through 2021'' and inserting ``$5,000,000 for the
period of fiscal years 2023 through 2027''.
SEC. 1237. TECHNICAL CORRECTION.
Title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended--
(1) by redesignating section 550 (relating to Sobriety
Treatment and Recovery Teams) (42 U.S.C. 290ee-10), as added
by section 8214 of Public Law 115-271, as section 550A; and
(2) by moving such section so it appears after section 550
(relating to national recovery housing best practices).
CHAPTER 4--SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES
BLOCK GRANT
SEC. 1241. ELIMINATING STIGMATIZING LANGUAGE RELATING TO
SUBSTANCE USE.
(a) Block Grants for Prevention and Treatment of Substance
Use.--Part B of title XIX of the Public Health Service Act
(42 U.S.C. 300x et seq.) is amended--
(1) in the part heading, by striking ``substance abuse''
and inserting ``substance use'';
(2) in subpart II, by amending the subpart heading to read
as follows: ``Block Grants for Substance Use Prevention,
Treatment, and Recovery Services'';
(3) in section 1922(a) (42 U.S.C. 300x-22(a))--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``substance abuse'' and inserting
``substance use disorders''; and
(B) by striking ``such abuse'' each place it appears in
paragraphs (1) and (2) and inserting ``such disorders'';
(4) in section 1923 (42 U.S.C. 300x-23)--
(A) in the section heading, by striking ``substance abuse''
and inserting ``substance use''; and
(B) in subsection (a), by striking ``drug abuse'' and
inserting ``substance use disorders'';
(5) in section 1925(a)(1) (42 U.S.C. 300x-25(a)(1)), by
striking ``alcohol or drug abuse'' and inserting ``alcohol or
other substance use disorders'';
(6) in section 1926(b)(2)(B) (42 U.S.C. 300x-26(b)(2)(B)),
by striking ``substance abuse'';
(7) in section 1931(b)(2) (42 U.S.C. 300x-31(b)(2)), by
striking ``substance abuse'' and inserting ``substance use
disorders'';
(8) in section 1933(d)(1) (42 U.S.C. 300x-33(d)), in the
matter following subparagraph (B), by striking ``abuse of
alcohol and other drugs'' and inserting ``use of
substances'';
(9) by amending paragraph (4) of section 1934 (42 U.S.C.
300x-34) to read as follows:
``(4) The term `substance use disorder' means the recurrent
use of alcohol or other drugs that causes clinically
significant impairment.'';
(10) in section 1935 (42 U.S.C. 300x-35)--
(A) in subsection (a), by striking ``substance abuse'' and
inserting ``substance use disorders''; and
(B) in subsection (b)(1), by striking ``substance abuse''
each place it appears and inserting ``substance use
disorders'';
(11) in section 1949 (42 U.S.C. 300x-59), by striking
``substance abuse'' each place it appears in subsections (a)
and (d) and inserting ``substance use disorders'';
(12) in section 1954(b)(4) (42 U.S.C. 300x-64(b)(4))--
(A) by striking ``substance abuse'' and inserting
``substance use disorders''; and
(B) by striking ``such abuse'' and inserting ``such
disorders''; and
(13) in section 1956 (42 U.S.C. 300x-66), by striking
``substance abuse'' and inserting ``substance use
disorders''.
(b) Certain Programs Regarding Mental Health and Substance
Abuse.--Part C of title XIX of the Public Health Service Act
(42 U.S.C. 300y et seq.) is amended--
(1) in the part heading, by striking ``substance abuse''
and inserting ``substance use'';
(2) in section 1971 (42 U.S.C. 300y), by striking
``substance abuse'' each place it appears in subsections (a),
(b), and (f) and inserting ``substance use''; and
(3) in section 1976 (42 U.S.C. 300y-11), by striking
``intravenous abuse'' each place it appears and inserting
``intravenous use''.
SEC. 1242. AUTHORIZED ACTIVITIES.
Section 1921(b) of the Public Health Service Act (42 U.S.C.
300x-21(b)) is amended by striking ``activities to prevent
and treat substance use disorders'' and inserting
``activities to prevent, treat, and provide recovery support
services for substance use disorders''.
SEC. 1243. STATE PLAN REQUIREMENTS.
Section 1932(b)(1)(A) of the Public Health Service Act (42
U.S.C. 300x-32(b)(1)(A)) is amended--
(1) by redesignating clauses (vi) through (ix) as clauses
(vii) through (x), respectively;
(2) by inserting after clause (v) the following:
``(vi) provides a description of--
``(I) the State's comprehensive statewide recovery support
services activities, including the number of individuals
being served, target populations, workforce capacity
(consistent with clause (viii)), and priority needs; and
``(II) the amount of funds received under this subpart
expended on recovery support services, disaggregated by the
amount expended for type of service activity;''; and
(3) in clause (viii), as so redesignated, by striking
``disorders workforce'' and inserting ``disorders workforce,
including with respect to prevention, treatment, and
recovery,''.
SEC. 1244. UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.
Section 1933(d) of the Public Health Service Act (42 U.S.C.
300x-33(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``of an Indian tribe or tribal
organization'' and inserting ``of an Indian Tribe or Tribal
organization''; and
(ii) by striking ``such tribe'' and inserting ``such
Tribe'';
(B) in subparagraph (B)--
(i) by striking ``tribe or tribal organization'' and
inserting ``Tribe or Tribal organization''; and
(ii) by striking ``Secretary under this'' and inserting
``Secretary under this subpart''; and
(C) in the matter following subparagraph (B), by striking
``tribe or tribal organization'' and inserting ``Tribe or
Tribal organization'';
(2) by amending paragraph (2) to read as follows:
``(2) Indian tribe or tribal organization as grantee.--The
amount reserved by the Secretary on the basis of a
determination under this subsection shall be granted to the
Indian Tribe or Tribal organization serving the individuals
for whom such a determination has been made.'';
(3) in paragraph (3), by striking ``tribe or tribal
organization'' and inserting ``Tribe or Tribal
organization''; and
(4) in paragraph (4)--
(A) in the paragraph heading, by striking ``Definition''
and inserting ``Definitions''; and
(B) by striking ``The terms'' and all that follows through
``given such terms'' and inserting the following: ``The terms
`Indian Tribe' and `Tribal organization' have the meanings
given the terms `Indian tribe' and `tribal organization' ''.
SEC. 1245. BLOCK GRANTS FOR SUBSTANCE USE PREVENTION,
TREATMENT, AND RECOVERY SERVICES.
(a) In General.--Section 1935(a) of the Public Health
Service Act (42 U.S.C. 300x-35(a)), as amended by section
1241, is further amended by striking ``appropriated'' and all
that follows through ``2022..'' and inserting the following:
``appropriated $1,908,079,000 for each of fiscal years 2023
through 2027.''.
(b) Technical Corrections.--Section 1935(b)(1)(B) of the
Public Health Service Act (42 U.S.C. 300x-35(b)(1)(B)) is
amended by striking ``the collection of data in this
paragraph is''.
SEC. 1246. REQUIREMENT OF REPORTS AND AUDITS BY STATES.
Section 1942(a) of the Public Health Service Act (42 U.S.C.
300x-52(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
[[Page H10401]]
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the amount provided to each recipient in the previous
fiscal year.''.
SEC. 1247. STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.
(a) In General.--The Secretary of Health and Human
Services, acting through the Assistant Secretary for Mental
Health and Substance Use (in this section referred to as the
``Secretary''), shall, in consultation with States and other
local entities providing prevention, treatment, or recovery
support services related to substance use, conduct a study on
strategies to assess community needs with respect to such
services in order to facilitate State use of block grant
funding received under subpart II of part B of title XIX of
the Public Health Service Act (42 U.S.C. 300x-21 et seq.) to
provide services to substance use disorder prevention,
treatment, and recovery support. The study shall, where
feasible and appropriate, include estimates of resources for
community needs strategies respective to prevention,
treatment, or recovery support services.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the results of the study
conducted under subsection (a).
CHAPTER 5--TIMELY TREATMENT FOR OPIOID USE DISORDER
SEC. 1251. STUDY ON EXEMPTIONS FOR TREATMENT OF OPIOID USE
DISORDER THROUGH OPIOID TREATMENT PROGRAMS
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Study.--The Assistant Secretary for Mental Health and
Substance Use shall conduct a study, in consultation with
patients and other stakeholders, on activities carried out
pursuant to exemptions granted--
(1) to a State (including the District of Columbia or any
territory of the United States) or an opioid treatment
program;
(2) pursuant to section 8.11(h) of title 42, Code of
Federal Regulations; and
(3) during the period--
(A) beginning on the declaration of the public health
emergency for the COVID-19 pandemic under section 319 of the
Public Health Service Act (42 U.S.C. 247d); and
(B) ending on the earlier of--
(i) the termination of such public health emergency,
including extensions thereof pursuant to such section 319;
and
(ii) the end of calendar year 2022.
(b) Privacy.--The section does not authorize the disclosure
by the Department of Health and Human Services of
individually identifiable information about patients.
(c) Feedback.--In conducting the study under subsection
(a), the Assistant Secretary for Mental Health and Substance
Use shall gather feedback from the States and opioid
treatment programs on their experiences in implementing
exemptions described in subsection (a).
(d) Report.--Not later than 180 days after the end of the
period described in subsection (a)(3)(B), and subject to
subsection (c), the Assistant Secretary for Mental Health and
Substance Use shall publish a report on the results of the
study under this section.
SEC. 1252. CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.
(a) Mobile Medication Units.--Section 302(e) of the
Controlled Substances Act (21 U.S.C. 822(e)) is amended by
adding at the end the following:
``(3) Notwithstanding paragraph (1), a registrant that is
dispensing pursuant to section 303(g) narcotic drugs to
individuals for maintenance treatment or detoxification
treatment shall not be required to have a separate
registration to incorporate one or more mobile medication
units into the registrant's practice to dispense such
narcotics at locations other than the registrant's principal
place of business or professional practice described in
paragraph (1), so long as the registrant meets such standards
for operation of a mobile medication unit as the Attorney
General may establish.''.
(b) Revise Opioid Treatment Program Admission Criteria to
Eliminate Requirement That Patients Have an Opioid Use
Disorder for at Least 1 Year.--Not later than 18 months after
the date of enactment of this Act, the Secretary of Health
and Human Services shall revise section 8.12(e)(1) of title
42, Code of Federal Regulations (or successor regulations),
to eliminate the requirement that an opioid treatment program
only admit an individual for treatment under the program if
the individual has been addicted to opioids for at least 1
year before being so admitted for treatment.
CHAPTER 6--ADDITIONAL PROVISIONS RELATING TO ADDICTION TREATMENT
SEC. 1261. PROHIBITION.
Notwithstanding any provision of this title and the
amendments made by this title, no funds made available to
carry out this title or any amendment made by this title
shall be used to purchase, procure, or distribute pipes or
cylindrical objects intended to be used to smoke or inhale
illegal scheduled substances.
SEC. 1262. ELIMINATING ADDITIONAL REQUIREMENTS FOR DISPENSING
NARCOTIC DRUGS IN SCHEDULE III, IV, AND V FOR
MAINTENANCE OR DETOXIFICATION TREATMENT.
(a) In General.--Section 303(g) of the Controlled
Substances Act (21 U.S.C. 823(g)) is amended--
(1) by striking paragraph (2);
(2) by striking ``(g)(1) Except as provided in paragraph
(2), practitioners who dispense narcotic drugs to individuals
for maintenance treatment or detoxification treatment'' and
inserting ``(g) Practitioners who dispense narcotic drugs
(other than narcotic drugs in schedule III, IV, or V) to
individuals for maintenance treatment or detoxification
treatment'';
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(4) in paragraph (2), as so redesignated--
(A) by striking ``(i) security of stocks'' and inserting
``(A) security of stocks''; and
(B) by striking ``(ii) the maintenance of records'' and
inserting ``(B) the maintenance of records''.
(b) Conforming Changes.--
(1) Subsections (a) and (d)(1) of section 304 of the
Controlled Substances Act (21 U.S.C. 824) are each amended by
striking ``303(g)(1)'' each place it appears and inserting
``303(g)''.
(2) Section 309A(a)(2) of the Controlled Substances Act (21
U.S.C. 829a) is amended--
(A) in the matter preceding subparagraph (A), by striking
``the controlled substance is to be administered for the
purpose of maintenance or detoxification treatment under
section 303(g)(2)'' and inserting ``the controlled substance
is a narcotic drug in schedule III, IV, or V to be
administered for the purpose of maintenance or detoxification
treatment''; and
(B) by striking ``and--'' and all that follows through ``is
to be administered by injection or implantation;'' and
inserting ``and is to be administered by injection or
implantation;''.
(3) Section 520E-4(c) of the Public Health Service Act (42
U.S.C. 290bb-36d(c)) is amended by striking ``information on
any qualified practitioner that is certified to prescribe
medication for opioid dependency under section 303(g)(2)(B)
of the Controlled Substances Act'' and inserting
``information on any practitioner who prescribes narcotic
drugs in schedule III, IV, or V of section 202 of the
Controlled Substances Act for the purpose of maintenance or
detoxification treatment''.
(4) Section 544(a)(3) of the Public Health Service Act (42
U.S.C. 290dd-3), as added by section 1219(a)(2), is amended
by striking ``any practitioner dispensing narcotic drugs
pursuant to section 303(g) of the Controlled Substances Act''
and inserting ``any practitioner dispensing narcotic drugs
for the purpose of maintenance or detoxification treatment''.
(5) Section 1833(bb)(3)(B) of the Social Security Act (42
U.S.C. 1395l(bb)(3)(B)) is amended by striking ``first
receives a waiver under section 303(g) of the Controlled
Substances Act on or after January 1, 2019'' and inserting
``first begins prescribing narcotic drugs in schedule III,
IV, or V of section 202 of the Controlled Substances Act for
the purpose of maintenance or detoxification treatment on or
after January 1, 2021''.
(6) Section 1834(o)(3)(C)(ii) of the Social Security Act
(42 U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ``first
receives a waiver under section 303(g) of the Controlled
Substances Act on or after January 1, 2019'' and inserting
``first begins prescribing narcotic drugs in schedule III,
IV, or V of section 202 of the Controlled Substances Act for
the purpose of maintenance or detoxification treatment on or
after January 1, 2021''.
(7) Section 1866F(c)(3) of the Social Security Act (42
U.S.C. 1395cc-6(c)(3)) is amended--
(A) in subparagraph (A), by adding ``and'' at the end;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C).
(8) Section 1903(aa)(2)(C) of the Social Security Act (42
U.S.C. 1396b(aa)(2)(C)) is amended--
(A) in clause (i), by adding ``and'' at the end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii).
SEC. 1263. REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO
COMPLETE TRAINING.
(a) In General.--Section 303 of the Controlled Substances
Act (21 U.S.C. 823) is amended by adding at the end the
following:
``(l) Required Training for Prescribers.--
``(1) Training required.--As a condition on registration
under this section to dispense controlled substances in
schedule II, III, IV, or V, the Attorney General shall
require any qualified practitioner, beginning with the first
applicable registration for the practitioner, to meet the
following:
``(A) If the practitioner is a physician (as defined under
section 1861(r) of the Social Security Act) and the
practitioner meets one or more of the following conditions:
``(i) The physician holds a board certification in
addiction psychiatry or addiction medicine from the American
Board of Medical Specialties.
``(ii) The physician holds a board certification from the
American Board of Addiction Medicine.
``(iii) The physician holds a board certification in
addiction medicine from the American Osteopathic Association.
``(iv) The physician has, with respect to the treatment and
management of patients with opioid or other substance use
disorders, or the safe pharmacological management of dental
pain and screening, brief intervention, and referral for
appropriate treatment of patients with or at risk of
developing opioid or other substance use disorders, completed
not less than 8 hours of training (through classroom
situations, seminars at professional society meetings,
electronic communications, or otherwise) that is provided
by--
``(I) the American Society of Addiction Medicine, the
American Academy of Addiction Psychiatry, the American
Medical Association, the American Osteopathic Association,
the American Dental Association, the American Association of
Oral and Maxillofacial Surgeons, the American Psychiatric
Association, or any other organization accredited by the
Accreditation Council for Continuing Medical Education
(ACCME) or the Commission for Continuing Education Provider
Recognition (CCEPR);
[[Page H10402]]
``(II) any organization accredited by a State medical
society accreditor that is recognized by the ACCME or the
CCEPR;
``(III) any organization accredited by the American
Osteopathic Association to provide continuing medical
education; or
``(IV) any organization approved by the Assistant Secretary
for Mental Health and Substance Use, the ACCME, or the CCEPR.
``(v) The physician graduated in good standing from an
accredited school of allopathic medicine, osteopathic
medicine, dental surgery, or dental medicine in the United
States during the 5-year period immediately preceding the
date on which the physician first registers or renews under
this section and has successfully completed a comprehensive
allopathic or osteopathic medicine curriculum or accredited
medical residency or dental surgery or dental medicine
curriculum that included not less than 8 hours of training
on--
``(I) treating and managing patients with opioid or other
substance use disorders, including the appropriate clinical
use of all drugs approved by the Food and Drug Administration
for the treatment of a substance use disorder; or
``(II) the safe pharmacological management of dental pain
and screening, brief intervention, and referral for
appropriate treatment of patients with or at risk of
developing opioid and other substance use disorders.
``(B) If the practitioner is not a physician (as defined
under section 1861(r) of the Social Security Act), the
practitioner is legally authorized by the State to dispense
controlled substances under schedule II, III, IV, or V and is
dispensing such substances within such State in accordance
with all applicable State laws, and the practitioner meets
one or more of the following conditions:
``(i) The practitioner has completed not fewer than 8 hours
of training with respect to the treatment and management of
patients with opioid or other substance use disorders
(through classroom situations, seminars at professional
society meetings, electronic communications, or otherwise)
provided by the American Society of Addiction Medicine, the
American Academy of Addiction Psychiatry, the American
Medical Association, the American Osteopathic Association,
the American Nurses Credentialing Center, the American
Psychiatric Association, the American Association of Nurse
Practitioners, the American Academy of Physician Associates,
or any other organization approved or accredited by the
Assistant Secretary for Mental Health and Substance Use or
the Accreditation Council for Continuing Medical Education.
``(ii) The practitioner has graduated in good standing from
an accredited physician assistant school or accredited school
of advanced practice nursing in the United States during the
5-year period immediately preceding the date on which the
practitioner first registers or renews under this section and
has successfully completed a comprehensive physician
assistant or advanced practice nursing curriculum that
included not fewer than 8 hours of training on treating and
managing patients with opioid and other substance use
disorders, including the appropriate clinical use of all
drugs approved by the Food and Drug Administration for the
treatment of a substance use disorder.
``(2) One-time training.--
``(A) In general.--The Attorney General shall not require
any qualified practitioner to complete the training described
in clause (iv) or (v) of paragraph (1)(A) or clause (i) or
(ii) of paragraph (1)(B) more than once.
``(B) Notification.--Not later than 90 days after the date
of the enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, the Attorney General shall provide to
qualified practitioners a single written, electronic
notification of the training described in clauses (iv) and
(v) of paragraph (1)(A) or clauses (i) and (ii) of paragraph
(1)(B).
``(3) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to preclude the use, by a qualified practitioner, of
training received pursuant to this subsection to satisfy
registration requirements of a State or for some other lawful
purpose; or
``(B) to preempt any additional requirements by a State
related to the dispensing of controlled substances under
schedule II, III, IV, or V.
``(4) Definitions.--In this section:
``(A) First applicable registration.--The term `first
applicable registration' means the first registration or
renewal of registration by a qualified practitioner under
this section that occurs on or after the date that is 180
days after the date of enactment of the Restoring Hope for
Mental Health and Well-Being Act of 2022.
``(B) Qualified practitioner.--In this subsection, the term
`qualified practitioner' means a practitioner who--
``(i) is licensed under State law to prescribe controlled
substances; and
``(ii) is not solely a veterinarian.''.
(b) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary, in consultation with
the Attorney General, shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report assessing the impact of the
elimination of the waiver program established under section
303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)), as amended by the Drug Addiction Treatment Act of
2000.
SEC. 1264. INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN
CONTROLLED SUBSTANCES MUST BE ADMINISTERED.
Section 309A(a)(5) of the Controlled Substances Act (21
U.S.C. 829a(a)(5)) is amended by striking ``14 days'' and
inserting ``45 days''.
CHAPTER 7--OPIOID CRISIS RESPONSE
SEC. 1271. OPIOID PRESCRIPTION VERIFICATION.
(a) Materials for Training Pharmacists on Certain
Circumstances Under Which a Pharmacist May Decline to Fill a
Prescription.--
(1) Updates to materials.--Section 3212(a) of the SUPPORT
for Patients and Communities Act (21 U.S.C. 829 note) is
amended by striking ``Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services, in consultation with the Administrator of the Drug
Enforcement Administration, Commissioner of Food and Drugs,
Director of the Centers for Disease Control and Prevention,
and Assistant Secretary for Mental Health and Substance Use,
shall develop and disseminate'' and inserting ``The Secretary
of Health and Human Services, in consultation with the
Administrator of the Drug Enforcement Administration,
Commissioner of Food and Drugs, Director of the Centers for
Disease Control and Prevention, and Assistant Secretary for
Mental Health and Substance Use, shall develop and
disseminate not later than 1 year after the date of enactment
of the Restoring Hope for Mental Health and Well-Being Act of
2022, and update periodically thereafter''.
(2) Materials included.--Section 3212(b) of the SUPPORT for
Patients and Communities Act (21 U.S.C. 829 note) is
amended--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) pharmacists on how to verify the identity of the
patient;''.
(3) Materials for training on patient verification .--
Section 3212 of the SUPPORT for Patients and Communities Act
(21 U.S.C. 829 note) is amended by adding at the end the
following new subsection:
``(d) Materials for Training on Verification of Identity.--
Not later than 1 year after the date of enactment of this
subsection, the Secretary of Health and Human Services, after
seeking stakeholder input in accordance with subsection (c),
shall--
``(1) update the materials developed under subsection (a)
to include information for pharmacists on how to verify the
identity of the patient; and
``(2) disseminate, as appropriate, the updated
materials.''.
(b) Incentivizing States To Build or Maintain Prescription
Drug Monitoring Programs.--
(1) In general.--Section 392A of the Public Health Service
Act (42 U.S.C. 280b-1) is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Priority.--In awarding grants to States under
subsections (a) and (b), the Director of the Centers for
Disease Control and Prevention may give priority to
jurisdictions with a disproportionately high rate of drug
overdoses or drug overdose deaths, as applicable.''.
(2) Conforming change.--Section 392A of the Public Health
Service Act (42 U.S.C. 280b-1) is amended by striking
``Indian tribes'' each place it appears and inserting
``Indian Tribes''.
SEC. 1272. SYNTHETIC OPIOID AND EMERGING DRUG MISUSE DANGER
AWARENESS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall provide for the
planning and implementation of a public education campaign to
raise public awareness of synthetic opioids (including
fentanyl and its analogues) and emerging drug use and misuse
issues, as appropriate. Such campaign related to synthetic
opioids shall include the dissemination of information that--
(1) promotes awareness about the potency and dangers of
fentanyl and its analogues and other synthetic opioids;
(2) explains services provided by the Substance Abuse and
Mental Health Services Administration and the Centers for
Disease Control and Prevention (and any entity providing such
services under a contract entered into with such agencies)
with respect to the use and misuse of opioids (including
synthetic opioids) and other emerging drug threats, such as
stimulants, as appropriate; and
(3) relates generally to opioid use and pain management,
including information on alternative, nonopioid pain
management treatments.
The Secretary shall update such campaign to address emerging
drug misuse issues, as appropriate.
(b) Use of Media.--The campaign under subsection (a) may be
implemented through the use of television, radio, internet,
in-person public communications, and other commercial
marketing venues and may be targeted to specific demographic
groups.
(c) Consideration of Report Findings.--In planning and
implementing the public education campaign under subsection
(a) related to synthetic opioids, the Secretary shall take
into consideration the findings of the report required under
section 7001 of the SUPPORT for Patients and Communities Act
(Public Law 115-271).
(d) Consultation.--In coordinating the campaign under
subsection (a), the Secretary shall consult with the
Assistant Secretary for Mental Health and Substance Use to
provide ongoing advice on the effectiveness of information
disseminated through the campaign.
(e) Requirement of Campaign.--The campaign implemented
under subsection (a) shall not be duplicative of any other
Federal efforts relating to eliminating substance use and
misuse.
(f) Evaluation.--
(1) In general.--The Secretary shall ensure that the
campaign implemented under subsection (a) is subject to an
independent evaluation, beginning 2 years after the date of
enactment of this Act, and 2 years thereafter.
(2) Measures and benchmarks.--For purposes of an evaluation
conducted pursuant to paragraph (1), the Secretary shall--
[[Page H10403]]
(A) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the campaign under this
section; and
(B) conduct qualitative assessments regarding the
effectiveness of strategies employed under this section.
(g) Report.--The Secretary shall, beginning 2 years after
the date of enactment of this Act, and 2 years thereafter,
submit to Congress a report on the effectiveness of the
campaign implemented under subsection (a) towards meeting the
measures and benchmarks established under subsection (f)(2).
(h) Dissemination of Information Through Providers.--The
Secretary shall develop and implement a plan for the
dissemination of information related to synthetic opioids, to
health care providers who participate in Federal programs,
including programs administered by the Department of Health
and Human Services, the Indian Health Service, the Department
of Veterans Affairs, the Department of Defense, and the
Health Resources and Services Administration, the Medicare
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.), and the Medicaid program under title
XIX of such Act (42 U.S.C. 1396 et seq.).
(i) Training Guide and Outreach on Synthetic Opioid
Exposure Prevention.--
(1) Training guide.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall design,
publish, and make publicly available on the internet website
of the Department of Health and Human Services, a training
guide and webinar for first responders and other individuals
who also may be at high risk of exposure to synthetic opioids
that details measures to prevent that exposure.
(2) Outreach.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall also conduct
outreach about the availability of the training guide and
webinar published under paragraph (1) to--
(A) fire department staff;
(B) law enforcement officers;
(C) ambulance transport and other first responders;
(D) hospital emergency department personnel; and
(E) other high-risk occupations, as identified by the
Secretary.
SEC. 1273. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO
OPIOID USE DISORDERS.
Section 1003 of the 21st Century Cures Act (42 U.S.C.
290ee-3 note) is amended to read as follows:
``SEC. 1003. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO
OPIOID USE DISORDERS.
``(a) In General.--The Secretary of Health and Human
Services (referred to in this section as the `Secretary')
shall carry out the grant program described in subsection (b)
for purposes of addressing opioid misuse and use disorders
and, as applicable and appropriate, stimulant misuse and use
disorders, within States, Indian Tribes, and populations
served by Tribal organizations and Urban Indian
organizations.
``(b) Grants Program.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall award grants to the
single State agency responsible for administering the
substance use prevention, treatment, and recovery services
block grant under subpart II of part B of title XIX of the
Public Health Service Act (42 U.S.C. 300x-21 et seq.), Indian
Tribes, and Tribal organizations for the purpose of
addressing opioid misuse and use disorders, and as applicable
and appropriate, stimulant misuse and use disorders, within
such States, such Indian Tribes, and populations served by
such Tribal organizations, in accordance with paragraph (2).
Indian Tribes or Tribal organizations may also apply for an
award as part of a consortia or may include in an application
a partnership with an Urban Indian organization.
``(2) Minimum allocations.--Notwithstanding subsection
(i)(3), in determining grant amounts for each recipient of a
grant under paragraph (1), the Secretary shall ensure that
each State and the District of Columbia receive not less than
$4,000,000 and ensure that each Territory receives not less
than $250,000.
``(3) Formula methodology.--
``(A) In general.--At least 30 days before publishing a
funding opportunity announcement with respect to grants under
this section, the Secretary shall--
``(i) develop a formula methodology to be followed in
allocating grant funds awarded under this section among
grantees, which, where applicable and appropriate based on
populations being served by the relevant entity--
``(I) with respect to allocations for States, gives
preference to States whose populations have a prevalence of
opioid misuse and use disorders or drug overdose deaths that
is substantially higher relative to the populations of other
States;
``(II) with respect to allocations for Tribes and Tribal
organizations, gives preferences to Tribes and Tribal
organizations (including those applying in partnership with
an Urban Indian organization) serving populations with
demonstrated need with respect to opioid misuse and use
disorders or drug overdose deaths;
``(III) includes performance assessments for continuation
awards; and
``(IV) ensures that the formula avoids a funding cliff
between States with similar overdose mortality rates to
prevent funding reductions when compared to prior year
allocations, as determined by the Secretary; and
``(ii) not later than 30 days after developing the formula
methodology under clause (i), submit the formula methodology
to--
``(I) the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate;
and
``(II) the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives.
``(B) Report.--Not later than two years after the date of
the enactment of the Restoring Hope for Mental Health and
Well-Being Act of 2022, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that--
``(i) assesses how grant funding is allocated to States
under this section and how such allocations have changed over
time;
``(ii) assesses how any changes in funding under this
section have affected the efforts of States to address opioid
misuse and use disorders and, as applicable and appropriate,
stimulant misuse and use disorders; and
``(iii) assesses the use of funding provided through the
grant program under this section and other similar grant
programs administered by the Substance Abuse and Mental
Health Services Administration.
``(4) Use of funds.--Grants awarded under this subsection
shall be used for carrying out activities that supplement
activities pertaining to opioid misuse and use disorders and,
as applicable and appropriate, stimulant misuse and use
disorders (including co-occurring substance misuse and use
disorders), undertaken by the entities described in paragraph
(1), which may include public health-related activities such
as the following:
``(A) Implementing substance use disorder and overdose
prevention activities, including primary prevention
activities, and evaluating such activities to identify
effective strategies to prevent substance use disorders and
overdoses, which may include drugs or devices approved,
cleared, or otherwise legally marketed under the Federal
Food, Drug, and Cosmetic Act.
``(B) Establishing or improving prescription drug
monitoring programs.
``(C) Training for health care practitioners, such as best
practices for prescribing opioids, pain management,
recognizing potential cases of substance use disorders,
referral of patients to treatment programs, preventing
diversion of controlled substances, and overdose prevention.
``(D) Supporting access to and the provision of substance
use disorder-related health care services, including--
``(i) services provided by federally certified opioid
treatment programs;
``(ii) services provided in outpatient and residential
substance use disorder treatment programs or facilities,
including those that utilize medication-assisted treatment,
as appropriate; or
``(iii) services provided by other appropriate health care
providers to treat substance use disorders, including crisis
services and services provided in integrated health care
settings by appropriate health care providers that treat
substance use disorders.
``(E) Recovery support services, including--
``(i) community-based services that include education,
outreach, and peer supports such as peer support specialists
and recovery coaches to help support recovery;
``(ii) mutual aid recovery programs that support
medication-assisted treatment;
``(iii) services to address housing needs; or
``(iv) services related to supporting families that include
an individual with a substance use disorder.
``(F) Other public health-related activities, as such
entity determines appropriate, related to addressing opioid
misuse and use disorders and, as applicable and appropriate,
stimulant misuse and use disorders, within such entity,
including directing resources in accordance with local needs
related to substance use disorders.
``(c) Accountability and Oversight.--A State receiving a
grant under subsection (b) shall submit to the Secretary a
description of--
``(1) the purposes for which the grant funds received by
the State under such subsection for the preceding fiscal year
were expended and a description of the activities of the
State under the grant;
``(2) the ultimate recipients of amounts provided to the
State;
``(3) the number of individuals served through the grant;
and
``(4) such other information as determined appropriate by
the Secretary.
``(d) Limitations.--Any funds made available pursuant to
subsection (i) shall not be used for any purpose other than
the grant program under subsection (b).
``(e) Indian Tribes and Tribal Organizations.--The
Secretary, in consultation with Indian Tribes and Tribal
organizations, shall identify and establish appropriate
mechanisms for Indian Tribes and Tribal organizations to
demonstrate or report the information as required under
subsections (b), (c), and (d).
``(f) Report to Congress.--Not later than September 30,
2024, and biennially thereafter, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives, and the Committees on
Appropriations of the House of Representatives and the
Senate, a report that includes a summary of the information
provided to the Secretary in reports made pursuant to
subsections (c) and (d), including--
``(1) the purposes for which grant funds are awarded under
this section;
``(2) the activities of the grant recipients; and
``(3) each entity that receives a grant under this section,
including the funding level provided to such recipient.
``(g) Technical Assistance.--The Secretary, including
through the Tribal Training and Technical Assistance Center
of the Substance Abuse and Mental Health Services
Administration, as applicable, shall provide entities
described in subsection (b)(1) with technical assistance
concerning grant application and submission procedures under
this section, award management activities, and enhancing
outreach and
[[Page H10404]]
direct support to rural and underserved communities and
providers in addressing substance use disorders.
``(h) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(2) Tribal organization.--The term `Tribal organization'
has the meaning given the term `tribal organization' in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(3) State.--The term `State' has the meaning given such
term in section 1954(b) of the Public Health Service Act (42
U.S.C. 300x-64(b)).
``(4) Urban indian organization.--The term `Urban Indian
organization' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act.
``(i) Authorization of Appropriations.--
``(1) In general.--For purposes of carrying out the grant
program under subsection (b), there is authorized to be
appropriated $1,750,000,000 for each of fiscal years 2023
through 2027.
``(2) Federal administrative expenses.--Of the amounts made
available for each fiscal year to award grants under
subsection (b), the Secretary shall not use more than 2
percent for Federal administrative expenses, training,
technical assistance, and evaluation.
``(3) Set aside.--Of the amounts made available for each
fiscal year to award grants under subsection (b) for a fiscal
year, the Secretary shall--
``(A) award not more than 5 percent to Indian Tribes and
Tribal organizations; and
``(B) of the amount remaining after application of
subparagraph (A), set aside up to 15 percent for awards to
States with the highest age-adjusted rate of drug overdose
death based on the ordinal ranking of States according to the
Director of the Centers for Disease Control and
Prevention.''.
Subtitle C--Access to Mental Health Care and Coverage
CHAPTER 1--IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE
SERVICES
SEC. 1301. IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED
CARE SERVICES.
Section 520K of the Public Health Service Act (42 U.S.C.
290bb-42) is amended to read as follows:
``SEC. 520K. IMPROVING UPTAKE AND PATIENT ACCESS TO
INTEGRATED CARE SERVICES.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
State, or an appropriate State agency, in collaboration
with--
``(A) 1 or more qualified community programs as described
in section 1913(b)(1); or
``(B) 1 or more health centers (as defined in section
330(a)), rural health clinics (as defined in section 1861(aa)
of the Social Security Act), or Federally qualified health
centers (as defined in such section), or primary care
practices serving adult or pediatric patients or both.
``(2) Integrated care; bidirectional integrated care.--
``(A) The term `integrated care' means collaborative
models, including the psychiatric collaborative care model
and other evidence-based or evidence-informed models, or
practices for coordinating and jointly delivering behavioral
and physical health services, which may include practices
that share the same space in the same facility.
``(B) The term `bidirectional integrated care' means the
integration of behavioral health care and specialty physical
health care, and the integration of primary and physical
health care within specialty behavioral health settings,
including within primary health care settings.
``(3) Psychiatric collaborative care model.--The term
`psychiatric collaborative care model' means the evidence-
based, integrated behavioral health service delivery method
that includes--
``(A) care directed by the primary care team;
``(B) structured care management;
``(C) regular assessments of clinical status using
developmentally appropriate, validated tools; and
``(D) modification of treatment as appropriate.
``(4) Special population.--The term `special population'
means--
``(A) adults with a serious mental illness or adults who
have co-occurring mental illness and physical health
conditions or chronic disease;
``(B) children and adolescents with a serious emotional
disturbance who have a co-occurring physical health condition
or chronic disease;
``(C) individuals with a substance use disorder; or
``(D) individuals with a mental illness who have a co-
occurring substance use disorder.
``(b) Grants and Cooperative Agreements.--
``(1) In general.--The Secretary may award grants and
cooperative agreements to eligible entities to support the
improvement of integrated care for physical and behavioral
health care in accordance with paragraph (2).
``(2) Use of funds.--A grant or cooperative agreement
awarded under this section shall be used--
``(A) to promote full integration and collaboration in
clinical practices between physical and behavioral health
care, including for special populations;
``(B) to support the improvement of integrated care models
for physical and behavioral health care to improve overall
wellness and physical health status, including for special
populations;
``(C) to promote the implementation and improvement of
bidirectional integrated care services provided at entities
described in subsection (a)(1), including evidence-based or
evidence-informed screening, assessment, diagnosis,
prevention, treatment, and recovery services for mental and
substance use disorders, and co-occurring physical health
conditions and chronic diseases; and
``(D) in the case of an eligible entity that is
collaborating with a primary care practice, to support the
implementation of evidence-based or evidence-informed
integrated care models, including the psychiatric
collaborative care model, including--
``(i) by hiring staff;
``(ii) by identifying and formalizing contractual
relationships with other health care providers or other
relevant entities offering care management and behavioral
health consultation to facilitate the adoption of integrated
care, including, as applicable, providers who will function
as psychiatric consultants and behavioral health care
managers in providing behavioral health integration services
through the collaborative care model;
``(iii) by purchasing or upgrading software and other
resources, as applicable, needed to appropriately provide
behavioral health integration, including resources needed to
establish a patient registry and implement measurement-based
care; and
``(iv) for such other purposes as the Secretary determines
to be applicable and appropriate.
``(c) Applications.--
``(1) In general.--An eligible entity that is seeking a
grant or cooperative agreement under this section shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require, including the contents described in paragraph
(2).
``(2) Contents for awards.--Any such application of an
eligible entity seeking a grant or cooperative agreement
under this section shall include, as applicable--
``(A) a description of a plan to achieve fully
collaborative agreements to provide bidirectional integrated
care to special populations;
``(B) a summary of the policies, if any, that are barriers
to the provision of integrated care, and the specific steps,
if applicable, that will be taken to address such barriers;
``(C) a description of partnerships or other arrangements
with local health care providers to provide services to
special populations and, as applicable, in areas with
demonstrated need, such as Tribal, rural, or other medically
underserved communities, such as those with a workforce
shortage of mental health and substance use disorder,
pediatric mental health, or other related professionals;
``(D) an agreement and plan to report to the Secretary
performance measures necessary to evaluate patient outcomes
and facilitate evaluations across participating projects; and
``(E) a description of the plan or progress in implementing
the psychiatric collaborative care model, as applicable and
appropriate;
``(F) a description of the plan or progress of evidence-
based or evidence-informed integrated care models other than
the psychiatric collaborative care model implemented by
primary care practices, as applicable and appropriate; and
``(G) a plan for sustainability beyond the grant or
cooperative agreement period under subsection (e).
``(d) Grant and Cooperative Agreement Amounts.--
``(1) Target amount.--The target amount that an eligible
entity may receive for a year through a grant or cooperative
agreement under this section shall be no more than
$2,000,000.
``(2) Adjustment permitted.--The Secretary, taking into
consideration the quality of an eligible entity's application
and the number of eligible entities that received grants
under this section prior to the date of enactment of the
Restoring Hope for Mental Health and Well-Being Act of 2022,
may adjust the target amount that an eligible entity may
receive for a year through a grant or cooperative agreement
under this section.
``(3) Limitation.--An eligible entity that is receiving
funding under subsection (b)--
``(A) may not allocate more than 10 percent of the funds
awarded to such eligible entity under this section to
administrative functions; and
``(B) shall allocate the remainder of such funding to
health facilities that provide integrated care.
``(e) Duration.--A grant or cooperative agreement under
this section shall be for a period not to exceed 5 years.
``(f) Report on Program Outcomes.--An eligible entity
receiving a grant or cooperative agreement under this section
shall submit an annual report to the Secretary. Such annual
report shall include--
``(1) the progress made to reduce barriers to integrated
care as described in the entity's application under
subsection (c);
``(2) a description of outcomes with respect to each
special population listed in subsection (a)(4), including
outcomes related to education, employment, and housing, or,
as applicable and appropriate, outcomes for such populations
receiving behavioral health care through the psychiatric
collaborative care model in primary care practices; and
``(3) progress in meeting performance metrics and other
relevant benchmarks; and
``(4) such other information that the Secretary may
require.
``(g) Technical Assistance for Primary-behavioral Health
Care Integration.--
``(1) Certain recipients.--The Secretary may provide
appropriate information, training, and technical assistance
to eligible entities that receive a grant or cooperative
agreement under subsection (b)(2), in order to help such
entities meet the requirements of this section, including
assistance with--
``(A) development and selection of integrated care models;
``(B) dissemination of evidence-based interventions in
integrated care;
[[Page H10405]]
``(C) establishment of organizational practices to support
operational and administrative success; and
``(D) as appropriate, appropriate information, training,
and technical assistance in implementing the psychiatric
collaborative care model when an eligible entity is
collaborating with 1 or more primary care practices for the
purposes of implementing the psychiatric collaborative care
model.
``(2) Additional dissemination of technical information.--
In addition to providing the assistance described in
paragraph (1) to recipients of a grant or cooperative
agreement under this section, the Secretary may also provide
such assistance to other States and political subdivisions of
States, Indian Tribes and Tribal organizations, as those
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act, outpatient mental
health and addiction treatment centers, community mental
health centers that meet the criteria under section 1913(c),
certified community behavioral health clinics described in
section 223 of the Protecting Access to Medicare Act of 2014,
primary care organizations such as Federally qualified health
centers or rural health clinics as defined in section
1861(aa) of the Social Security Act, primary health care
practices, the community-based organizations, and other
entities engaging in integrated care activities, as the
Secretary determines appropriate.
``(h) Report to Congress.--Not later than 18 months after
the date of enactment of the Restoring Hope for Mental Health
and Well-Being Act of 2022, and annually thereafter, the
Secretary shall submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives summarizing the information submitted in
reports to the Secretary under subsection (f), including
progress made in meeting performance metrics and the uptake
of integrated care models, any adjustments made to target
amounts pursuant to subsection (d)(2), and any other relevant
information.
``(i) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there is authorized to be appropriated $60,000,000
for each of fiscal years 2023 through 2027.
``(2) Increasing uptake of the psychiatric collaborative
care model by primary care practices.--Not less than 10
percent of funds appropriated to carry out this section shall
be for the purposes of implementing the psychiatric
collaborative care model implemented by primary care
practices under subsection (b).
``(3) Funding contingency.--Paragraph (2) shall not apply
to a fiscal year unless the amount made available to carry
out this section for such fiscal year exceeds the amount
appropriated to carry out this section (as in effect before
the date of enactment of the Restoring Hope for Mental Health
and Well-Being Act of 2022) for fiscal year 2022.''.
CHAPTER 2--HELPING ENABLE ACCESS TO LIFESAVING SERVICES
SEC. 1311. REAUTHORIZATION AND PROVISION OF CERTAIN PROGRAMS
TO STRENGTHEN THE HEALTH CARE WORKFORCE.
(a) Mental and Behavioral Health Education and Training
Grants.--Section 756 of the Public Health Service Act (42
U.S.C. 294e-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``(which may include
master's and doctoral level programs)'' after ``occupational
therapy''; and
(B) in paragraph (4), by inserting before the period the
following: ``, including training to increase skills and
capacity to meet the needs of children and adolescents who
have experienced trauma''; and
(2) in subsection (f), by striking ``For each of fiscal
years 2019 through 2023'' and inserting ``For each of fiscal
years 2023 through 2027''.
(b) Training Demonstration Program.--Section 760 of the
Public Health Service Act (42 U.S.C. 294k) is amended--
(1) by striking ``mental and substance use disorders'' each
place it appears and inserting ``mental health and substance
use disorder'';
(2) in subsection (a)(2)--
(A) by inserting ``(including for individuals completing
clinical training requirements for licensure)'' after
``training'';
(B) by inserting ``counselors, nurses,'' after
``psychologists,''; and
(C) by striking the semicolon and inserting ``, including
such settings that serve pediatric populations;'';
(3) in subsection (a)(3)(A)--
(A) by striking ``disorder'' (as inserted by paragraph (1))
and inserting ``disorders''; and
(B) by inserting ``or pediatric populations'' after
``addiction'';
(4) in subsection (b)(2)(A), by inserting ``(including such
settings that serve pediatric populations)'' after
``settings'';
(5) in subsection (c)(2)(F)--
(A) by inserting ``counselors, nurses,'' after
``psychologists''; and
(B) by striking the period and inserting ``, including such
entities that serve pediatric populations.'';
(6) in subsection (d)(1)(A)--
(A) by inserting ``health service psychologists, nurses''
after ``fellows,''; and
(B) by inserting ``counselors,'' after ``physician
assistants'';
(7) in subsection (d)(1)(B)--
(A) by inserting ``, which may include such settings that
serve pediatric populations'' after ``settings'';
(B) by inserting ``health'' after ``mental'';
(8) in subsection (d)(2)(C), inserting ``(which may include
trauma-informed care, as appropriate)'' after ``care'';
(9) in subsection (g), by striking ``$10,000,000 for each
of fiscal years 2018 through 2022'' and inserting ``, and
$31,700,000 for each of fiscal years 2023 through 2027''; and
(10) in subsection (f)(2)(B), by striking ``disorder'' (as
inserted by paragraph (1)) and inserting ``disorders''.
SEC. 1312. REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.
Section 597(c) of the Public Health Service Act (42 U.S.C.
290ll(c)) is amended by striking ``$12,669,000 for each of
fiscal years 2018 through 2022'' and inserting ``$25,000,000
for each of fiscal years 2023 through 2027''.
CHAPTER 3--ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS
SEC. 1321. ELIMINATING THE OPT-OUT FOR NONFEDERAL
GOVERNMENTAL HEALTH PLANS.
Section 2722(a)(2) of the Public Health Service Act (42
U.S.C. 300gg-21(a)(2)) is amended by adding at the end the
following new subparagraph:
``(F) Sunset of election option.--
``(i) In general.--Notwithstanding the preceding provisions
of this paragraph--
``(I) no election described in subparagraph (A) with
respect to section 2726 may be made on or after the date of
the enactment of this subparagraph; and
``(II) except as provided in clause (ii), no such election
with respect to section 2726 expiring on or after the date
that is 180 days after the date of such enactment may be
renewed.
``(ii) Exception for certain collectively bargained
plans.--Notwithstanding clause (i)(II), a plan described in
subparagraph (B)(ii) that is subject to multiple agreements
described in such subparagraph of varying lengths and that
has an election described in subparagraph (A) with respect to
section 2726 in effect as of the date of the enactment of
this subparagraph that expires on or after the date that is
180 days after the date of such enactment may extend such
election until the date on which the term of the last such
agreement expires.''.
CHAPTER 4--MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
IMPLEMENTATION
SEC. 1331. GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE
DISORDER PARITY IMPLEMENTATION.
(a) In General.--Section 2794(c) of the Public Health
Service Act (42 U.S.C. 300gg-94(c)) (as added by section 1003
of the Patient Protection and Affordable Care Act (Public Law
111-148)) is amended by adding at the end the following:
``(3) Parity implementation.--
``(A) In general.--Beginning during the first fiscal year
that begins after the date of enactment of this paragraph,
the Secretary shall, out of funds made available pursuant to
subparagraph (C), award grants to eligible States to enforce
and ensure compliance with the mental health and substance
use disorder parity provisions of section 2726.
``(B) Eligible state.--A State shall be eligible for a
grant awarded under this paragraph only if such State--
``(i) submits to the Secretary an application for such
grant at such time, in such manner, and containing such
information as specified by the Secretary; and
``(ii) agrees to request and review from health insurance
issuers offering group or individual health insurance
coverage the comparative analyses and other information
required of such health insurance issuers under subsection
(a)(8)(A) of section 2726 relating to the design and
application of nonquantitative treatment limitations imposed
on mental health or substance use disorder benefits.
``(C) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for each of the
first five fiscal years beginning after the date of the
enactment of this paragraph, to remain available until
expended, for purposes of awarding grants under subparagraph
(A).''.
(b) Technical Amendment.--Section 2794 of the Public Health
Service Act (42 U.S.C. 300gg-95), as added by section 6603 of
the Patient Protection and Affordable Care Act (Public Law
111-148) is redesignated as section 2795.
Subtitle D--Children and Youth
CHAPTER 1--SUPPORTING CHILDREN'S MENTAL HEALTH CARE ACCESS
SEC. 1401. TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH
CENTERS.
Section 399Z-1 of the Public Health Service Act (42 U.S.C.
280h-5) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Technical Assistance.--The Secretary shall provide
technical assistance by grants or contracts awarded to
private, nonprofit entities with demonstrated expertise
related to school-based health centers. Such technical
assistance, taking into account local and regional
differences among school based health centers, shall support
such entities in providing services described in subsection
(a)(1) pursuant to this section, including mental health and
substance use disorder services, and may include technical
assistance relating to program operations and support for the
implementation of evidence-based or evidence-informed best
practices related to the provision of high quality health
care services to children and adolescents.''.
SEC. 1402. INFANT AND EARLY CHILDHOOD MENTAL HEALTH
PROMOTION, INTERVENTION, AND TREATMENT.
Section 399Z-2 of the Public Health Service Act (42 U.S.C.
280h-6) is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Technical Assistance.--The Secretary may, directly or
by awarding grants or contracts
[[Page H10406]]
to public and private nonprofit entities, provide training
and technical assistance to eligible entities to carry out
activities described in subsection (d).''; and
(3) in subsection (g) (as redesignated by paragraph (1)),
by striking ``$20,000,000 for the period of fiscal years 2018
through 2022'' and inserting ``$50,000,000 for the period of
fiscal years 2023 through 2027''.
SEC. 1403. CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH
IN YOUTH STUDY.
Not later than 12 months after the date of enactment of
this Act, the Secretary of Health and Human Services shall--
(1) complete a study on the rates of suicidal behaviors
among children and adolescents with chronic illnesses,
including substance use disorders, autoimmune disorders, and
heritable blood disorders; and
(2) submit a report to the Congress on the results of such
study, including recommendations for early intervention
services for such children and adolescents at risk of
suicide, the dissemination of best practices to support the
emotional and mental health needs of youth, and strategies to
lower the rates of suicidal behaviors in children and
adolescents described in paragraph (1) to reduce any
demographic disparities in such rates.
SEC. 1404. BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH
INTERVENTION TEAMS.
The Public Health Service Act is amended by inserting after
section 520H of such Act, as added by section 1151 of this
Act, the following new section:
``SEC. 520H-1. BEST PRACTICES FOR BEHAVIORAL AND MENTAL
HEALTH INTERVENTION TEAMS.
``(a) In General.--The Secretary, acting through the
Assistant Secretary for Mental Health and Substance Use, and
in consultation with the Secretary of Education, shall submit
to the Health Education, Labor, and Pensions Committee of the
Senate and the Energy and Commerce Committee of the House of
Representatives a report that identifies best practices
related to using behavioral and mental health intervention
teams, which may be used to assist elementary schools,
secondary schools, and institutions of higher education
interested in voluntarily establishing and using such teams
to support students exhibiting behaviors interfering with
learning at school or who are at risk of harm to self or
others.
``(b) Elements.--The report under subsection (a) shall
assess evidence supporting such best practices and, as
appropriate, include consideration of the following:
``(1) How behavioral and mental health intervention teams
might operate effectively from an evidence-based, objective
perspective while protecting the constitutional and civil
rights and privacy of individuals.
``(2) The use of behavioral and mental health intervention
teams--
``(A) to identify and support students exhibiting behaviors
interfering with learning or posing a risk of harm to self or
others; and
``(B) to implement evidence-based interventions to meet the
behavioral and mental health needs of such students.
``(3) How behavioral and mental health intervention teams
can--
``(A) access evidence-based professional development to
support students described in paragraph (2)(A); and
``(B) ensure that such teams--
``(i) are composed of trained, diverse stakeholders with
expertise in child and youth development, behavioral and
mental health, and disability; and
``(ii) use cross validation by a wide-range of individual
perspectives on the team.
``(4) How behavioral and mental health intervention teams
can help mitigate inappropriate referral to mental health
services or law enforcement by implementing evidence-based
interventions that meet student needs.
``(c) Consultation.--In carrying out subsection (a), the
Secretary shall consult with--
``(1) the Secretary of Education;
``(2) the Director of the National Threat Assessment Center
of the United States Secret Service;
``(3) the Attorney General;
``(4) teachers (which shall include special education
teachers), principals and other school leaders, school board
members, behavioral and mental health professionals
(including school-based mental health professionals), and
parents of students;
``(5) local law enforcement agencies and campus law
enforcement administrators;
``(6) privacy, disability, and civil rights experts; and
``(7) other education and mental health professionals as
the Secretary deems appropriate.
``(d) Publication.--The Secretary shall publish the report
under subsection (a) in an accessible format on the internet
website of the Department of Health and Human Services.
``(e) Definitions.--In this section:
``(1) The term `behavioral and mental health intervention
team' means a multidisciplinary team of trained individuals
who--
``(A) are trained to identify and assess the behavioral
health needs of children and youth and who are responsible
for identifying, supporting, and connecting students
exhibiting behaviors interfering with learning at school, or
who are at risk of harm to self or others, with appropriate
behavioral health services; and
``(B) develop and facilitate implementation of evidence-
based interventions to--
``(i) mitigate the threat of harm to self or others posed
by a student described in subparagraph (A);
``(ii) meet the mental and behavioral health needs of such
students; and
``(iii) support positive, safe, and supportive learning
environments.
``(2) The terms `elementary school', `parent', and
`secondary school' have the meanings given to such terms in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(3) The term `institution of higher education' has the
meaning given to such term in section 102 of the Higher
Education Act of 1965.''.
CHAPTER 2--CONTINUING SYSTEMS OF CARE FOR CHILDREN
SEC. 1411. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR
CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES.
(a) Definition.--Section 565(d)(2)(B) of the Public Health
Service Act (42 U.S.C. 290ff-4(d)(2)(B)) is amended by
striking ``may be)'' and inserting ``may be), kinship
caregivers of the child,''.
(b) Authorization of Appropriations.--Paragraph (1) of
section 565(f) of the Public Health Service Act (42 U.S.C.
290ff-4(f)) is amended--
(1) by moving the margin of such paragraph 2 ems to the
right; and
(2) by striking ``$119,026,000 for each of fiscal years
2018 through 2022'' and inserting ``$125,000,000 for each of
fiscal years 2023 through 2027''.
SEC. 1412. SUBSTANCE USE DISORDER TREATMENT AND EARLY
INTERVENTION SERVICES FOR CHILDREN AND
ADOLESCENTS.
Section 514 of the Public Health Service Act (42 U.S.C.
290bb-7) is amended--
(1) in subsection (a), by striking ``Indian tribes or
tribal organizations'' and inserting ``Indian Tribes or
Tribal organizations''; and
(2) in subsection (f), by striking ``2018 through 2022''
and inserting ``2023 through 2027''.
CHAPTER 3--GARRETT LEE SMITH MEMORIAL REAUTHORIZATION
SEC. 1421. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
(a) Technical Amendment.--Section 520C of the Public Health
Service Act (42 U.S.C. 290bb-34) is amended--
(1) by striking ``tribes'' and inserting ``Tribes''; and
(2) by striking ``tribal'' each place it appears and
inserting ``Tribal''.
(b) Collaboration.--Section 520C(a) of the Public Health
Service Act (42 U.S.C. 290bb-34(a)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Collaboration.--In carrying out this subsection, as
applicable with respect to assistance to entities serving
members of the Armed Forces and veterans, the Secretary
shall, as appropriate, collaborate with the Secretary of
Defense and the Secretary of Veterans Affairs.''.
(c) Authorization of Appropriations.--Section 520C(c) of
the Public Health Service Act (42 U.S.C. 290bb-34(c)) is
amended by striking ``$5,988,000 for each of fiscal years
2018 through 2022'' and inserting ``$9,000,000 for each of
fiscal years 2023 through 2027''.
(d) Annual Report.--Section 520C(d) of the Public Health
Service Act (42 U.S.C. 290bb-34(d)) is amended by striking
``Not later than 2 years after the date of enactment of this
subsection, the Secretary shall submit to Congress'' and
inserting ``Not later than 2 years after the date of the
enactment of the Restoring Hope for Mental Health and Well-
Being Act of 2022, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives''.
SEC. 1422. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION
STRATEGIES.
Section 520E of the Public Health Service Act (42 U.S.C.
290bb-36) is amended--
(1) by striking ``tribe'' and inserting ``Tribe'';
(2) by striking ``tribal'' each place it appears and
inserting ``Tribal'';
(3) in subsection (a)(1), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(4) by amending subsection (b)(1)(B) to read as follows:
``(B) a public organization or private nonprofit
organization designated by a State or Indian Tribe (as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act) to develop or direct the State-
sponsored statewide or Tribal youth suicide early
intervention and prevention strategy; or'';
(5) in subsection (c)--
(A) in paragraph (1), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(B) in paragraph (7), by inserting ``pediatric health
programs,'' after ``foster care systems,'';
(C) in paragraph (9), by inserting ``pediatric health
programs,'' after ``educational institutions,'';
(D) in paragraph (13), by striking ``and'' at the end;
(E) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(15) provide to parents, legal guardians, and family
members of youth, supplies to securely store means commonly
used in suicide, if applicable, within the household.'';
(6) in subsection (d)--
(A) in the heading, by striking ``Direct Services'' and
inserting ``Suicide Prevention Activities''; and
(B) by striking ``direct services, of which not less than 5
percent shall be used for activities authorized under
subsection (a)(3)'' and inserting ``suicide prevention
activities'';
(7) in subsection (e)(3)(A), by inserting ``and the
Department of Education, as appropriate'' after ``agencies
and suicide working groups'';
[[Page H10407]]
(8) in subsection (g)--
(A) in paragraph (1), by striking ``18'' and inserting
``24''; and
(B) in paragraph (2), by striking ``2 years after the date
of enactment of Helping Families in Mental Health Crisis
Reform Act of 2016'' and inserting ``December 31, 2025'';
(9) in subsection (l)(4), by striking ``between 10 and 24
years of age'' and inserting ``up to 24 years of age''; and
(10) in subsection (m), by striking ``$30,000,000 for each
of fiscal years 2018 through 2022'' and inserting
``$40,000,000 for each of fiscal years 2023 through 2027''.
SEC. 1423. MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES
FOR STUDENTS IN HIGHER EDUCATION.
Section 520E-2 of the Public Health Service Act (42 U.S.C.
290bb-36b) is amended--
(1) in the heading, by striking ``on campus'' and inserting
``for students in higher education'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``mental and substance
use disorders'' and inserting ``mental health and substance
use disorders and promote resiliency'';
(B) in paragraph (4), by striking ``mental and substance
use disorder services.'' and inserting ``mental health and
substance use disorder resources and services.'';
(C) in paragraph (5), by striking ``mental and substance
use'' and inserting ``mental health and substance use'';
(D) in paragraph (6), by striking ``staff to respond
effectively to students with mental and substance use
disorders.'' and inserting ``staff to recognize and respond
effectively and appropriately to students experiencing mental
health and substance use disorders.'';
(E) in paragraph (7), by striking ``mental and substance
use'' and inserting ``mental health and substance use'';
(F) in paragraph (8), by striking ``mental and substance
use'' and inserting ``mental health and substance use.'';
(G) in paragraph (9), by striking ``regarding improving the
behavioral health of students through clinical services,
outreach, prevention, or'' and inserting ``to improve the
behavioral health of students through clinical services,
outreach, prevention, promotion of mental health, or'';
(H) in paragraph (10), by striking ``mental and behavioral
disorders,'' and inserting ``mental and behavioral health
disorders,''; and
(I) in paragraph (12), by striking ``best practices.'' and
inserting ``best practices, and trauma-informed practices.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``mental and substance
use'' and inserting ``mental health and substance use''; and
(B) in paragraph (3), by striking ``promoting access to
services,'' and inserting ``promoting mental health and
access to services,''
(4) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``the Congress'' and inserting ``the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate'';
(B) in paragraph (2), by striking ``including efforts'' and
inserting ``including through prevention, early detection,
early intervention, and efforts''; and
(C) by adding at the end the following:
``(3) An assessment of the mental health and substance use
disorder needs of the populations served by recipients of
grants under this section.''; and
(5) in subsection (i), by striking ``2018 through 2022''
and inserting ``2023 through 2027'';
SEC. 1424. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND
EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION.
Section 549 of the Public Health Service Act (42 U.S.C.
290ee-4) is amended--
(1) in the heading, by striking ``on college campuses'' and
inserting ``at institutions of higher education'';
(2) in subsection (c)(2), by inserting ``, including
minority-serving institutions as described in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q) and
community colleges'' after ``higher education''; and
(3) in subsection (f), by striking ``2018 through 2022''
and inserting ``2023 through 2027''.
CHAPTER 4--MEDIA AND MENTAL HEALTH
SEC. 1431. STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL
MEDIA USE ON ADOLESCENTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services may conduct or support research on--
(1) smartphone and social media use by adolescents; and
(2) the effects of such use on--
(A) emotional, behavioral, and physical health and
development; and
(B) any disparities in the mental health outcomes of rural,
minority, and other underserved populations.
(b) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Congress, and make publicly
available, a report on the findings of research under this
section.
SEC. 1432. RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF
MEDIA AND RELATED TECHNOLOGY ON INFANTS,
CHILDREN, AND ADOLESCENTS.
(a) In General.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall, as
appropriate, conduct or support research related to the
health and developmental effects, including long-term
effects, of media and related technology use on infants,
children, and adolescents, which may include the effects of
exposure to, and use of, media and related technology, such
as social media, applications, websites, television, motion
pictures, artificial intelligence, mobile devices, computers,
video games, virtual and augmented reality, and other
content, networks, or platforms disseminated through the
internet, broadcasted, or other media technologies, as
applicable.
(b) Activities.--In carrying out subsection (a), the
Secretary, acting through the Director of the National
Institutes of Health, shall, as appropriate, develop a
research agenda to assess the effects of media and related
technologies on infants, children, and adolescents, which may
include consideration of the following, as appropriate:
(1) The cognitive development of infants, children, and
adolescents, which may include effects related to language
development, learning abilities, and other areas of cognitive
development.
(2) The physical health of infants, children, and
adolescents, which may include effects related to diet,
exercise, sleeping and eating routines, and other areas of
physical development.
(3) The mental health of infants, children, and
adolescents, which may include effects related to self-
awareness, social awareness, relationship skills, decision-
making, violence, bullying, privacy, mental disorders, and
other areas related to mental health.
(c) Consultation.--In developing the research agenda under
subsection (b), the Secretary may consult with appropriate
national research institutes, academies, and centers,
relevant consortia, and non-Federal experts, as appropriate.
The Secretary may utilize scientific workshops, symposia, and
other activities to assess current knowledge and identify
relevant research opportunities and gaps in this area.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Director of the National
Institutes of Health shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report--
(1) on the progress made in improving data and expanding
research on the health and developmental effects of media and
related technology on infants, children, and adolescents in
accordance with this section; and
(2) that summarizes the grants and research funded under
this section for each of the years covered by the report.
Subtitle E--Miscellaneous Provisions
SEC. 1501. LIMITATIONS ON AUTHORITY.
In carrying out any program of the Substance Abuse and
Mental Health Services Administration whose statutory
authorization is enacted or amended by this title, the
Secretary of Health and Human Services shall not allocate
funding, or require award recipients to prioritize, dedicate,
or allocate funding, without consideration of the incidence,
prevalence, or determinants of mental health or substance use
issues, unless such allocation or requirement is consistent
with statute, regulation, or other Federal law.
TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING
NEW THREATS, AND PANDEMICS
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Prepare for and Respond to
Existing Viruses, Emerging New Threats, and Pandemics Act''
or the ``PREVENT Pandemics Act''.
Subtitle A--Strengthening Federal and State Preparedness
CHAPTER 1--FEDERAL LEADERSHIP AND ACCOUNTABILITY
SEC. 2101. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) In General.--Part A of title III of the Public Health
Service Act (42 U.S.C. 241 et seq.) is amended by inserting
after section 304 the following:
``SEC. 305. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION.
``(a) In General.--The Centers for Disease Control and
Prevention (referred to in this section as the `CDC') shall
be headed by the Director of the Centers for Disease Control
and Prevention (referred to in this section as the
`Director'), who shall be appointed by the President, by and
with the advice and consent of the Senate. Such individual
shall also serve as the Administrator of the Agency for Toxic
Substances and Disease Registry consistent with section
104(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act. The Director shall perform
functions provided for in subsection (b) and such other
functions as the Secretary may prescribe.
``(b) Functions.--The Secretary, acting through the
Director, shall--
``(1) implement and exercise applicable authorities and
responsibilities provided for in this Act or other applicable
law related to the investigation, detection, identification,
prevention, or control of diseases or conditions to preserve
and improve public health domestically and globally and
address injuries and occupational and environmental hazards,
as appropriate;
``(2) be responsible for the overall direction of the CDC
and for the establishment and implementation of policies
related to the management and operation of programs and
activities within the CDC;
``(3) coordinate and oversee the operation of centers,
institutes, and offices within the CDC;
``(4) support, in consultation with the heads of such
centers, institutes, and offices, program coordination across
such centers, institutes, and offices, including through
priority setting reviews and the development of strategic
plans, to reduce unnecessary duplication and encourage
collaboration between programs;
[[Page H10408]]
``(5) oversee the development, implementation, and updating
of the strategic plan established pursuant to subsection (c);
``(6) ensure that appropriate strategic planning, including
the use of performance metrics, is conducted by such centers,
institutes, and offices to facilitate and improve CDC
programs and activities;
``(7) communicate, including through convening annual
meetings, with public and private entities regarding relevant
public health programs and activities, and, as applicable,
the strategic plan established pursuant to subsection (c).
``(c) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the PREVENT Pandemics Act, and at least every 4
years thereafter, the Director shall develop and submit to
the Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives, and post on
the website of the CDC, a coordinated strategy to provide
strategic direction and facilitate collaboration across the
centers, institutes, and offices within the CDC. Such
strategy shall be known as the `CDC Strategic Plan'.
``(2) Requirements.--The CDC Strategic Plan shall--
``(A) identify strategic priorities and objectives related
to--
``(i) preventing, reducing, and eliminating the spread of
communicable and noncommunicable diseases or conditions, and
addressing injuries, and occupational and environmental
hazards;
``(ii) supporting the efforts of State, local, and Tribal
health departments to prevent and reduce the prevalence of
the diseases or conditions under clause (i);
``(iii) containing, mitigating, and ending disease
outbreaks;
``(iv) enhancing global and domestic public health
capacity, capabilities, and preparedness, including public
health data, surveillance, workforce, and laboratory capacity
and safety; and
``(v) other priorities, as established by the Director;
``(B) describe the capacity and capabilities necessary to
achieve the priorities and objectives under subparagraph (A),
and progress towards achieving such capacity and
capabilities, as appropriate; and
``(C) include a description of how the CDC Strategic Plan
incorporates--
``(i) strategic communications;
``(ii) partnerships with private sector entities, and
State, local, and Tribal health departments, and other public
sector entities, as appropriate; and
``(iii) coordination with other agencies and offices of the
Department of Health and Human Services and other Federal
departments and agencies, as appropriate.
``(3) Use of plans.--Strategic plans developed and updated
by the centers, institutes, and offices of the CDC shall be
prepared regularly and in such a manner that such plans will
be informed by the CDC Strategic Plan developed and updated
under this subsection.
``(d) Appearances Before Congress.--
``(1) In general.--Each fiscal year, the Director shall
appear before the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives at hearings on
topics such as--
``(A) support for State, local, and Tribal public health
preparedness and responses to any recent or ongoing public
health emergency, including--
``(i) any objectives, activities, or initiatives that have
been carried out, or are planned, by the Director to prepare
for, or respond to, the public health emergency, including
relevant strategic communications or partnerships and any
gaps or challenges identified in such objectives, activities,
or initiatives;
``(ii) any objectives and planned activities for the
upcoming fiscal year to address gaps in, or otherwise
improve, State, local, and Tribal public health preparedness;
and
``(iii) other potential all-hazard threats that the
Director is preparing to address;
``(B) activities related to public health and functions of
the Director described in subsection (b); and
``(C) updates on other relevant activities supported or
conducted by the CDC, or in collaboration or coordination
with the heads of other Federal departments, agencies, or
stakeholders, as appropriate.
``(2) Clarifications.--
``(A) Waiver authority.--The Chair of the Committee on
Health, Education, Labor, and Pensions of the Senate or the
Chair of the Committee on Energy and Commerce of the House of
Representatives may waive the requirements of paragraph (1)
for the applicable fiscal year with respect to the applicable
Committee.
``(B) Scope of requirements.--The requirements of this
subsection shall not be construed to impact the appearance of
other Federal officials or the Director at hearings of either
Committee described in paragraph (1) at other times and for
purposes other than the times and purposes described in
paragraph (1).
``(3) Closed hearings.--Information that is not appropriate
for disclosure during an open hearing under paragraph (1) in
order to protect national security may instead be discussed
in a closed hearing that immediately follows the open
hearing.
``(e) Other Transactions.--
``(1) In general.--In carrying out activities of the
Centers for Disease Control and Prevention, the Director may
enter into transactions other than a contract, grant, or
cooperative agreement for purposes of infectious disease
research, biosurveillance, infectious disease modeling, and
public health preparedness and response.
``(2) Written determination.--With respect to a project
that is expected to cost the Centers for Disease Control and
Prevention more than $40,000,000, the Director may exercise
the authority under paragraph (1) only upon a written
determination by the Assistant Secretary for Financial
Resources of the Department of Health and Human Services,
that the use of such authority is essential to promoting the
success of the project. The authority of the Assistant
Secretary for Financial Resources under this paragraph may
not be delegated.
``(3) Guidelines.--The Director, in consultation with the
Secretary, shall establish guidelines regarding the use of
the authority under paragraph (1). Such guidelines shall
include auditing requirements.''.
(b) Effective Date.--The first sentence of section 305(a)
of the Public Health Service Act, as added by subsection (a),
shall take effect on January 20, 2025.
SEC. 2102. ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS
FOR DISEASE CONTROL AND PREVENTION.
Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by inserting after section 305, as added
by section 2101, the following:
``SEC. 305A. ADVISORY COMMITTEE TO THE DIRECTOR.
``(a) In General.--Not later than 60 days after the date of
the enactment of the PREVENT Pandemics Act, the Secretary,
acting through the Director of the Centers for Disease
Control and Prevention (referred to in this section as the
`Director'), shall maintain or establish an advisory
committee within the Centers for Disease Control and
Prevention to advise the Director on policy and strategies
that enable the agency to fulfill its mission.
``(b) Functions and Activities.--The Advisory Committee
may--
``(1) make recommendations to the Director regarding ways
to prioritize the activities of the agency in alignment with
the CDC Strategic Plan required under section 305(c);
``(2) advise on ways to achieve or improve performance
metrics in relation to the CDC Strategic Plan, and other
relevant metrics, as appropriate;
``(3) provide advice and recommendations on the development
of the CDC Strategic Plan, and any subsequent updates, as
appropriate;
``(4) advise on grants, cooperative agreements, contracts,
or other transactions, as applicable;
``(5) provide other advice to the Director, as requested,
to fulfill duties under sections 301 and 311; and
``(6) appoint subcommittees.
``(c) Membership.--
``(1) In general.--The Advisory Committee shall consist of
not more than 15 non-Federal members, including the Chair, to
be appointed by the Secretary under paragraph (3).
``(2) Ex officio members.--Any ex officio members of the
Advisory Council may consist of--
``(A) the Secretary;
``(B) the Assistant Secretary for Health;
``(C) the Director; and
``(D) such additional officers or employees of the United
States as the Secretary determines necessary for the advisory
committee to effectively carry out its functions.
``(3) Appointed members.--Individuals shall be appointed to
the Advisory Committee under paragraph (1) as follows:
``(A) Twelve of the members shall be appointed by the
Director from among the leading representatives of the health
disciplines (including public health, global health, health
disparities, biomedical research, public health preparedness,
and other fields, as applicable) relevant to the activities
of the agency or center, as applicable.
``(B) Three of the members may be appointed by the
Secretary from the general public and may include leaders in
fields of innovation, public policy, public relations, law,
economics, or management.
``(4) Compensation.--Ex officio members of the Advisory
Council who are officers or employees of the United States
shall not receive any compensation for service on the
advisory committee. The remaining members of the advisory
committee may receive, for each day (including travel time)
they are engaged in the performance of the functions of the
advisory committee, compensation at rates not to exceed the
daily equivalent to the annual rate of basic pay for level
III of the Executive Schedule under section 5314 of title 5,
United States Code.
``(5) Terms of office.--
``(A) In general.--The term of office of a member of the
advisory committee appointed under paragraph (3) shall be 4
years, except that any member appointed to fill a vacancy for
an unexpired term shall serve for the remainder of such term.
The Secretary shall make appointments to the advisory
committee in such a manner as to ensure that the terms of the
members not all expire in the same year. A member of the
advisory committee may serve after the expiration of such
member's term until a successor has been appointed and taken
office.
``(B) Reappointments.--A member who has been appointed to
the advisory committee for a term of 4 years may not be
reappointed to the advisory committee during the 2-year
period beginning on the date on which such 4-year term
expired.
``(C) Time for appointment.--If a vacancy occurs in the
advisory committee among the members appointed under
paragraph (3), the Secretary shall make an appointment to
fill such vacancy within 90 days from the date the vacancy
occurs.
``(d) Chair.--The Secretary shall select a member of the
advisory committee to serve as the Chair of the committee.
The Secretary may so select an individual from among the
appointed members. The term of office of the chair shall be 2
years.
[[Page H10409]]
``(e) Meetings.--The advisory committee shall meet at the
call of the Chair or upon request of the Director, but in no
event less than 2 times during each fiscal year.
``(f) Executive Secretary and Staff.--The Director shall
designate a member of the staff of the agency to serve as the
executive secretary of the advisory committee. The Director
shall make available to the advisory committee such staff,
information, and other assistance as it may require to carry
out its functions. The Director shall provide orientation and
training for new members of the advisory committee to provide
for their effective participation in the functions of the
advisory committee.''.
SEC. 2103. PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND
RESPONSE COORDINATION.
(a) Public Health Emergency Fund.--Section 319(b) of the
Public Health Service Act (42 U.S.C. 247d(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E), the following:
``(F) support the initial deployment and distribution of
contents of the Strategic National Stockpile, as appropriate;
and''; and
(2) by amending paragraph (3)(A) to read as follows:
``(A) the expenditures made from the Public Health
Emergency Fund in such fiscal year, including--
``(i) the amount obligated;
``(ii) the recipient or recipients of such obligated funds;
``(iii) the specific response activities such obligated
funds will support; and
``(iv) the declared or potential public health emergency
for which such funds were obligated; and''.
(b) Improving Public Health and Medical Preparedness and
Response Coordination.--
(1) Coordination with federal agencies.--Section 2801 of
the Public Health Service Act (42 U.S.C. 300hh) is amended by
adding at the end the following:
``(c) Coordination With Federal Agencies.--In leading the
Federal public health and medical response to a declared or
potential public health emergency, consistent with this
section, the Secretary shall coordinate with, and may request
support from, other Federal departments and agencies, as
appropriate in order to carry out necessary activities and
leverage the expertise of such departments and agencies,
which may include the provision of assistance at the
direction of the Secretary related to supporting the public
health and medical response for States, localities, and
Tribes.''.
(2) ASPR duties.--Section 2811(b) of the Public Health
Service Act (42 U.S.C. 300hh-10(b)) is amended--
(A) in paragraph (1), by inserting ``and, consistent with
the National Response Framework and other applicable
provisions of law, assist the Secretary in carrying out the
functions under section 2801'' before the period; and
(B) in paragraph (4)--
(i) in subparagraph (E) by striking ``the actions necessary
to overcome these obstacles.'' and inserting ``recommend
actions necessary to overcome these obstacles, such as--
``(i) improving coordination with relevant Federal
officials;
``(ii) partnering with other public or private entities to
leverage capabilities maintained by such entities, as
appropriate and consistent with this subsection; and
``(iii) coordinating efforts to support or establish new
capabilities, as appropriate.'';
(ii) in subparagraph (G)--
(I) by redesignating clauses (i) and (ii) as subclauses (I)
and (II) and adjusting the margins accordingly;
(II) in the matter preceding subclause (I), as so
redesignated--
(aa) by inserting ``each year, including national-level and
State-level full-scale exercises not less than once every 4
years'' after ``operational exercises''; and
(bb) by striking ``exercises based on--'' and inserting
``exercises--
``(i) based on'';
(III) by striking the period and inserting a semicolon; and
(IV) by adding at the end the following:
``(ii) that assess the ability of the Strategic National
Stockpile, as appropriate, to provide medical
countermeasures, medical products, and other supplies,
including ancillary medical supplies, to support the response
to a public health emergency or potential public health
emergency, including a threat that requires the large-scale
and simultaneous deployment of stockpiles and a long-term
public health and medical response; and
``(iii) conducted in coordination with State and local
health officials.''; and
(iii) by adding at the end the following:
``(J) Medical product and supply capacity planning.--
Coordinate efforts within the Department of Health and Human
Services to support--
``(i) preparedness for medical product and medical supply
needs directly related to responding to chemical, biological,
radiological, or nuclear threats, including emerging
infectious diseases, and incidents covered by the National
Response Framework, including--
``(I) sharing information, including with appropriate
stakeholders, related to the anticipated need for, and
availability of, such products and supplies during such
responses;
``(II) supporting activities, which may include public-
private partnerships, to maintain capacity of medical
products and medical supplies, as applicable and appropriate;
and
``(III) planning for potential surges in medical supply
needs for purposes of a response to such a threat; and
``(ii) situational awareness with respect to anticipated
need for, and availability of, such medical products and
medical supplies within the United States during a response
to such a threat.''.
(c) Appearances Before and Reports to Congress.--Section
2811 of the Public Health Service Act (42 U.S.C. 300hh-10) is
amended by adding at the end the following:
``(g) Appearances Before Congress.--
``(1) In general.--Each fiscal year, the Assistant
Secretary for Preparedness and Response shall appear before
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives at hearings, on topics such as--
``(A) coordination of Federal activities to prepare for,
and respond to, public health emergencies;
``(B) activities and capabilities of the Strategic National
Stockpile, including whether, and the degree to which,
recommendations made pursuant to section 2811-1(c)(1)(A) have
been met;
``(C) support for State, local, and Tribal public health
and medical preparedness;
``(D) activities implementing the countermeasures budget
plan described under subsection (b)(7), including--
``(i) any challenges in meeting the full range of
identified medical countermeasure needs; and
``(ii) progress in supporting advanced research,
development, and procurement of medical countermeasures,
pursuant to subsection (b)(3);
``(E) the strategic direction of, and activities related
to, the sustainment of manufacturing surge capacity and
capabilities for medical countermeasures pursuant to section
319L and the distribution and deployment of such
countermeasures;
``(F) any additional objectives, activities, or initiatives
that have been carried out or are planned by the Assistant
Secretary for Preparedness and Response and associated
challenges, as appropriate;
``(G) the specific all-hazards threats that the Assistant
Secretary for Preparedness and Response is preparing to
address, or that are being addressed, through the activities
described in subparagraphs (A) through (F); and
``(H) objectives, activities, or initiatives related to the
coordination and consultation required under subsections
(b)(4)(H) and (b)(4)(I), in a manner consistent with
paragraph (3), as appropriate.
``(2) Clarifications.--
``(A) Waiver authority.--The Chair of the Committee on
Health, Education, Labor, and Pensions of the Senate or the
Chair of the Committee on Energy and Commerce of the House of
Representatives may waive the requirements of paragraph (1)
for the applicable fiscal year with respect to the applicable
Committee.
``(B) Scope of requirements.--The requirements of this
subsection shall not be construed to impact the appearance of
other Federal officials or the Assistant Secretary at
hearings of either Committee described in paragraph (1) at
other times and for purposes other than the times and
purposes described in paragraph (1)
``(3) Closed hearings.--Information that is not appropriate
for disclosure during an open hearing under paragraph (1) in
order to protect national security may instead be discussed
in a closed hearing that immediately follows such open
hearing.''.
(d) Annual Report on Emergency Response and Preparedness.--
Section 2801 of the Public Health Service Act (42 U.S.C.
300hh), as amended by subsection (b), is further amended by
adding at the end the following:
``(d) Annual Report on Emergency Response and
Preparedness.--The Secretary shall submit a written report
each fiscal year to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of
the Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives,
containing--
``(1) updated information related to an assessment of the
response to any public health emergency declared, or
otherwise in effect, during the previous fiscal year;
``(2) findings related to drills and operational exercises
completed in the previous fiscal year pursuant to section
2811(b)(4)(G);
``(3) the state of public health preparedness and response
capabilities for chemical, biological, radiological, and
nuclear threats, including emerging infectious diseases; and
``(4) any challenges in preparing for or responding to such
threats, as appropriate.''.
(e) GAO Report on Interagency Agreements and
Coordination.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a review of previous and current interagency
agreements established between the Secretary of Health and
Human Services and the heads of other relevant Federal
departments or agencies pursuant to section 2801(b) of the
Public Health Service Act (42 U.S.C. 300hh(b)), including--
(A) the specific roles and responsibilities of each Federal
department or agency that is a party to any such interagency
agreement;
(B) the manner in which specific capabilities of each such
Federal department or agency may be utilized under such
interagency agreements;
(C) the frequency with which such interagency agreements
have been utilized;
(D) gaps, if any, in interagency agreements that prevent
the Secretary from carrying out the goals under section 2802
of the Public Health Service Act (42 U.S.C. 300hh-1);
(E) barriers, if any, to establishing or utilizing such
interagency agreements; and
[[Page H10410]]
(F) recommendations, if any, on the ways in which such
interagency agreements can be improved to address the gaps
and barriers identified under subparagraphs (D) and (E);
(2) conduct a review of the implementation and utilization
of the authorities described under section 2801(c) of the
Public Health Service Act (42 U.S.C. 300hh(c)); and
(3) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
reviews under paragraphs (1) and (2), including related
recommendations, as applicable.
SEC. 2104. OFFICE OF PANDEMIC PREPAREDNESS AND RESPONSE
POLICY.
(a) In General.--There is established in the Executive
Office of the President an Office of Pandemic Preparedness
and Response Policy (referred to in this section as the
``Office''), which shall be headed by a Director (referred to
in this section as the ``Director'') appointed by the
President and who shall be compensated at the rate provided
for level II of the Executive Schedule in section 5313 of
title 5, United States Code. The President is authorized to
appoint not more than 2 Associate Directors, who shall be
compensated at a rate not to exceed that provided for level
III of the Executive Schedule in section 5314 of such title.
Associate Directors shall perform such functions as the
Director may prescribe.
(b) Functions of the Director.--The primary function of the
Director is to provide advice, within the Executive Office of
the President, on policy related to preparedness for, and
response to, pandemic and other biological threats that may
impact national security, and support strategic coordination
and communication with respect to relevant activities across
the Federal Government. In addition to such other functions
and activities as the President may assign, the Director,
consistent with applicable laws and the National Response
Framework, shall--
(1) serve as the principal advisor to the President on all
matters related to pandemic preparedness and response policy
and make recommendations to the President regarding pandemic
and other biological threats that may impact national
security;
(2) coordinate Federal activities to prepare for, and
respond to, pandemic and other biological threats, by--
(A) providing strategic direction to the heads of
applicable Federal departments, agencies, and offices,
including--
(i) the establishment, implementation, prioritization, and
assessment of policy goals and objectives across the
Executive Office of the President and such departments,
agencies, and offices;
(ii) supporting the assessment and clarification of roles
and responsibilities related to such Federal activities; and
(iii) supporting the development and implementation of
metrics and performance measures to evaluate the extent to
which applicable activities meet such goals and objectives;
(B) providing, in consultation with the Secretary of Health
and Human Services and the heads of other relevant Federal
departments, agencies, and offices, leadership with respect
to the National Biodefense Strategy and related activities
pursuant to section 1086 of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104) and
section 363 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (6 U.S.C.
105);
(C) facilitating coordination and communication between
such Federal departments, agencies, and offices to improve
preparedness for, and response to, such threats;
(D) ensuring that the authorities, capabilities, and
expertise of each such department, agency, and office are
appropriately leveraged to facilitate the whole-of-Government
response to such threats;
(E) overseeing coordination of Federal efforts to prepare
for and support the production, supply, and distribution of
relevant medical products and supplies during a response to a
pandemic or other biological threat, as applicable and
appropriate, including supporting Federal efforts to assess
any relevant vulnerabilities in the supply chain of such
products and supplies, and identify opportunities for private
entities to engage with the Federal Government to address
medical product and medical supply needs during such a
response;
(F) overseeing coordination of Federal efforts for the
basic and advanced research, development, manufacture, and
procurement of medical countermeasures for such threats,
including by--
(i) serving, with the Secretary of Health and Human
Services, as co-Chair of the Public Health Emergency Medical
Countermeasures Enterprise established pursuant to section
2811-1 of the Public Health Service Act (42 U.S.C. 300hh-
10a);
(ii) promoting coordination between the medical
countermeasure research, development, and procurement
activities of respective Federal departments and agencies,
including to advance the discovery and development of new
medical products and technologies;
(G) convening heads of Federal departments and agencies, as
appropriate, on topics related to capabilities to prepare
for, and respond to, such threats;
(H) assessing and advising on international cooperation in
preparing for, and responding to, such threats to advance the
national security objectives of the United States; and
(I) overseeing other Federal activities to assess
preparedness for, and responses to, such threats, including--
(i) drills and operational exercises conducted pursuant to
applicable provisions of law; and
(ii) Federal after-action reports developed following such
drills and exercises or a response to a pandemic or other
biological threat;
(3) promote and support the development of relevant
expertise and capabilities within the Federal Government to
ensure that the United States can quickly detect, identify,
and respond to such threats, and provide recommendations, as
appropriate, to the President;
(4) consult with the Director of the Office of Management
and Budget and other relevant officials within the Executive
Office of the President, including the Assistant to the
President for National Security Affairs and the Director of
the Office of Science and Technology Policy, regarding
activities related to preparing for, and responding to, such
threats and relevant research and emerging technologies that
may advance the biosecurity and preparedness and response
goals of the Federal Government;
(5) identify opportunities to leverage current and emerging
technologies, including through public-private partnerships,
as appropriate, to address such threats and advance the
preparedness and response goals of the Federal Government;
and
(6) ensure that findings of Federal after-action reports
conducted pursuant to paragraph (2)(I)(ii) are implemented to
the maximum extent feasible within the Federal Government.
(c) Support From Other Agencies.--Each department, agency,
and instrumentality of the executive branch of the Federal
Government, including any independent agency, is authorized
to support the Director by providing the Director such
information as the Director determines necessary to carry out
the functions of the Director under this section.
(d) Preparedness Outlook Report.--
(1) In general.--Within its first year of operation, the
Director, in consultation with the heads of relevant Federal
departments and agencies and other officials within the
Executive Office of the President, shall through a report
submitted to the President and made available to the public,
to the extent practicable, identify and describe situations
and conditions which warrant special attention within the
next 5 years, involving current and emerging problems of
national significance related to pandemic or other biological
threats, and opportunities for, and the barriers to, the
research, development, and procurement of medical
countermeasures to adequately respond to such threats.
(2) Revisions.--The Office shall revise the report under
paragraph (1) not less than once every 5 years and work with
relevant Federal officials to address the problems, barriers,
opportunities, and actions identified under this report
through the development of the President's Budgets and
programs.
(e) Interdepartmental Working Group.--The Director shall
lead an interdepartmental working group that will meet on a
regular basis to evaluate national biosecurity and pandemic
preparedness issues and make recommendations to the heads of
applicable Federal departments, agencies and offices. The
working group shall consist of representatives from--
(1) the Office of Pandemic Preparedness and Response
Policy, to serve as the chair;
(2) the Department of Health and Human Services;
(3) the Department of Homeland Security;
(4) the Department of Defense;
(5) the Office of Management and Budget; and
(6) other Federal Departments and agencies.
(f) Industry Liaison.--
(1) In general.--Not later than 10 days after the
initiation of a Federal response to a pandemic or other
biological threat that may pose a risk to national security,
the Director shall appoint an Industry Liaison within the
Office of Pandemic Preparedness and Response Policy to serve
until the termination of such response.
(2) Activities.--The Industry Liaison shall--
(A) not later than 20 days after the initiation of such
response, identify affected industries and develop a plan to
regularly communicate with, and receive input from, affected
industries;
(B) work with relevant Federal departments and agencies to
support information sharing and coordination with industry
stakeholders; and
(C) communicate, and support the provision of technical
assistance, as applicable, with private entities interested
in supporting such response, which may include entities not
historically involved in the public health or medical
sectors, as applicable and appropriate.
(g) Additional Functions of the Director.--The Director, in
addition to the other duties and functions set forth in this
section--
(1) shall--
(A) serve as a member of the Domestic Policy Council and
the National Security Council;
(B) serve as a member of the Intergovernmental Science,
Engineering, and Technology Advisory Panel under section
205(b) of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6614(b))
and the Federal Coordinating Council for Science, Engineering
and Technology under section 401 of such Act (42 U.S.C.
6651);
(C) consult with State, Tribal, local, and territorial
governments, industry, academia, professional societies, and
other stakeholders, as appropriate;
(D) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies; and
(E) at the President's request, perform such other duties
and functions and enter into contracts and other arrangements
for studies, analyses, and related services with public or
private entities, as applicable and appropriate; and
(2) may hold such hearings in various parts of the United
States as necessary to determine the views of the entities
and individuals referred to in paragraph (1) and of the
general public, concerning national needs and trends in
pandemic preparedness and response.
[[Page H10411]]
(h) Staffing and Detailees.--In carrying out functions
under this section, the Director may--
(1) appoint not more than 25 individuals to serve as
employees of the Office as necessary to carry out this
section;
(2) fix the compensation of such personnel at a rate to be
determined by the Director, up to the amount of annual
compensation (excluding expenses) specified in section 102 of
title 3, United States Code;
(3) utilize the services of consultants, which may include
by obtaining services described under section 3109(b) of
title 5, United States Code, at rates not to exceed the rate
of basic pay for level IV of the Executive Schedule; and
(4) direct, with the concurrence of the Secretary of a
department or head of an agency, the temporary reassignment
within the Federal Government of personnel employed by such
department or agency, in order to carry out the functions of
the Office.
(i) Preparedness Review and Report.--The Director, in
consultation with the heads of applicable Federal
departments, agencies, and offices, shall--
(1) not later than 1 year after the date of enactment of
this Act, conduct a review of applicable Federal strategies,
policies, procedures, and after-action reports to identify
gaps and inefficiencies related to pandemic preparedness and
response;
(2) not later than 18 months after the date of enactment of
this Act, and every 2 years thereafter, submit to the
President and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report
describing--
(A) current and emerging pandemic and other biological
threats that pose a significant level of risk to national
security;
(B) the roles and responsibilities of the Federal
Government in preparing for, and responding to, such threats;
(C) the findings of the review conducted under paragraph
(1);
(D) any barriers or limitations related to addressing such
findings;
(E) current and planned activities to update Federal
strategies, policies, and procedures to address such
findings, consistent with applicable laws and the National
Response Framework;
(F) current and planned activities to support the
development of expertise within the Federal Government
pursuant to subsection (b)(3); and
(G) opportunities to improve Federal preparedness and
response capacities and capabilities through the use of
current and emerging technologies.
(j) Nonduplication of Effort.--The Director shall ensure
that activities carried out under this section do not
unnecessarily duplicate the efforts of other Federal
departments, agencies, and offices.
(k) Conforming Amendments.--
(1) Section 2811-1 of the Public Health Service Act (42
U.S.C. 300hh-10a) is amended--
(A) in the second sentence of subsection (a), by striking
``shall serve as chair'' and inserting ``and the Director of
the Office of Pandemic Preparedness and Response Policy shall
serve as co-chairs''; and
(B) in subsection (b)--
(i) by redesignating paragraph (10) as paragraph (11); and
(ii) by inserting after paragraph (9) the following:
``(10) The Director of the Office of Pandemic Preparedness
and Response Policy.''.
(2) Section 101(c)(1) of the National Security Act of 1947
(50 U.S.C. 3021(c)(1)) is amended by inserting ``the Director
of the Office of Pandemic Preparedness and Response Policy''
after ``Treasury,''.
(3) The National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et
seq.) is amended--
(A) in section 205(b)(2) (42 U.S.C. 6614(b)(2))--
(i) by striking ``and (C)'' and inserting ``(C)''; and
(ii) by striking the period at the end and inserting ``;
and (D) the Director of the Office of Pandemic Preparedness
and Response Policy.''; and
(B) in section 401(b) (42 U.S.C. 6651(b)), by inserting ``,
the Director of the Office of Pandemic Preparedness and
Response Policy,'' after ``Technology Policy''.
CHAPTER 2--STATE AND LOCAL READINESS
SEC. 2111. IMPROVING STATE AND LOCAL PUBLIC HEALTH SECURITY.
(a) In General.--Section 319C-1(b)(2) of the Public Health
Service Act (42 U.S.C. 247d-3a(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vii), by inserting ``during and'' before
``following a public health emergency'';
(B) by amending clause (viii) to read as follows:
``(viii) a description of how the entity, as applicable and
appropriate, will coordinate with State emergency
preparedness and response plans in public health emergency
preparedness, including State education agencies (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965), State child care lead agencies (designated under
section 658D of the Child Care and Development Block Grant
Act of 1990), and other relevant State agencies'';
(C) in clause (xi), by striking ``; and'' and inserting a
semicolon;
(D) by redesignating clause (xii) as clause (xiii); and
(E) by inserting after clause (xi) the following:
``(xii) a description of how the entity will provide
technical assistance to improve public health preparedness
and response, as appropriate, to agencies or other entities
that operate facilities within the entity's jurisdiction in
which there is an increased risk of infectious disease
outbreaks in the event of a public health emergency declared
under section 319, such as residential care facilities, group
homes, and other similar settings; and'';
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively; and
(3) by inserting after subparagraph (C) the following:
``(D) an assurance that the entity will require relevant
staff to complete relevant preparedness and response
trainings, including trainings related to efficient and
effective operation during an incident or event within an
Incident Command System;''.
(b) Applicability.--The amendments made by subsection (a)
shall not apply with respect to any cooperative agreement
entered into prior to the date of enactment of this Act.
SEC. 2112. SUPPORTING ACCESS TO MENTAL HEALTH AND SUBSTANCE
USE DISORDER SERVICES DURING PUBLIC HEALTH
EMERGENCIES.
(a) Authorities.--Section 501(d) of the Public Health
Service Act (42 U.S.C. 290aa(d)) is amended--
(1) by redesignating paragraphs (24) and (25) as paragraphs
(25) and (26), respectively; and
(2) by inserting after paragraph (23) the following:
``(24) support the continued access to, or availability of,
mental health and substance use disorder services during, or
in response to, a public health emergency declared under
section 319, including in consultation with, as appropriate,
the Assistant Secretary for Preparedness and Response, the
Director of the Centers for Disease Control and Prevention,
and the heads of other relevant agencies, in preparing for,
and responding to, a public health emergency;''.
(b) Strategic Plan.--Section 501(l)(4) of the Public Health
Service Act (42 U.S.C. 290aa(l)(4)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) specify a strategy to support the continued access
to, or availability of, mental health and substance use
disorder services, including to at-risk individuals (as
defined in section 2802(b)(4)), during, or in response to,
public health emergencies declared pursuant to section
319.''.
(c) Biennial Report Concerning Activities and Progress.--
Section 501(m) of the Public Health Service Act (42 U.S.C.
290aa(m)) is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3) the following:
``(4) a description of the Administration's activities to
support the continued provision of mental health and
substance use disorder services, as applicable, in response
to public health emergencies declared pursuant to section
319;''; and
(3) in paragraph (5), as so redesignated--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following:
``(D) relevant preparedness and response activities;''.
(d) Advisory Councils.--Not later than 1 year after the
date of enactment of this Act, the Assistant Secretary for
Mental Health and Substance Use shall issue a report to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee
on Energy and Commerce and the Committee on Appropriations of
the House of Representatives, reflecting the feedback of the
advisory councils for the Center for Substance Abuse
Treatment, the Center for Substance Abuse Prevention, and the
Center for Mental Health Services, pursuant to section 502 of
the Public Health Service Act (42 U.S.C. 290aa-1), with
recommendations to improve the continued provision of mental
health and substance use disorder services during a public
health emergency declared under section 319 of such Act (42
U.S.C. 247d), and the provision of such services as part of
the public health and medical response to such an emergency,
consistent with title XXVIII of such Act (42 U.S.C. 300hh et
seq.), including related to the capacity of the mental health
and substance use disorder workforce and flexibilities
provided to awardees of mental health and substance use
disorder programs.
(e) GAO Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on
programs and activities of the Substance Abuse and Mental
Health Services Administration to support the provision of
mental health and substance use disorder services and related
activities during the COVID-19 pandemic, including the
provision of such services as part of the medical and public
health response to such pandemic. Such report shall--
(1) examine the role played by the advisory councils
described in section 502 of the Public Health Service Act (42
U.S.C. 290aa-1) and the National Mental Health and Substance
Use Policy Laboratory established under section 501A of such
Act (42 U.S.C. 290aa-0) in providing technical assistance and
recommendations to the Substance Abuse and Mental Health
Services Administration to support the response of such
agency to the public health emergency declared under section
319 of the Public Health Service Act (42 U.S.C. 247d) with
respect to COVID-19;
[[Page H10412]]
(2) describe the manner in which existing awardees of
mental health and substance use disorder programs provided
and altered delivery of services during such public health
emergency, including information on the populations served by
such awardees and any barriers faced in delivering services;
and
(3) describe activities of the Substance Abuse and Mental
Health Services Administration to support the response to
such public health emergency, including through technical
assistance, provision of services, and any flexibilities
provided to such existing awardees, and any barriers faced in
implementing such activities.
SEC. 2113. TRAUMA CARE REAUTHORIZATION.
(a) In General.--Section 1201 of the Public Health Service
Act (42 U.S.C. 300d) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by inserting ``analyze,'' after ``compile,''; and
(ii) by inserting ``and medically underserved areas''
before the semicolon;
(B) in paragraph (4), by adding ``and'' after the
semicolon;
(C) by striking paragraph (5); and
(D) by redesignating paragraph (6) as paragraph (5);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Trauma Care Readiness and Coordination.--The
Secretary, acting through the Assistant Secretary for
Preparedness and Response, shall support the efforts of
States and consortia of States to coordinate and improve
emergency medical services and trauma care during a public
health emergency declared by the Secretary pursuant to
section 319 or a major disaster or emergency declared by the
President under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act. Such support may include--
``(1) developing, issuing, and updating guidance, as
appropriate, to support the coordinated medical triage and
evacuation to appropriate medical institutions based on
patient medical need, taking into account regionalized
systems of care;
``(2) disseminating, as appropriate, information on
evidence-based or evidence-informed trauma care practices,
taking into consideration emergency medical services and
trauma care systems, including such practices identified
through activities conducted under subsection (a) and which
may include the identification and dissemination of
performance metrics, as applicable and appropriate; and
``(3) other activities, as appropriate, to optimize a
coordinated and flexible approach to the emergency response
and medical surge capacity of hospitals, other health care
facilities, critical care, and emergency medical systems.''.
(b) Grants to Improve Trauma Care in Rural Areas.--Section
1202 of the Public Health Service Act (42 U.S.C. 300d-3) is
amended--
(1) by amending the section heading to read as follows:
``grants to improve trauma care in rural areas'';
(2) by amending subsections (a) and (b) to read as follows:
``(a) In General.--The Secretary shall award grants to
eligible entities for the purpose of carrying out research
and demonstration projects to support the improvement of
emergency medical services and trauma care in rural areas
through the development of innovative uses of technology,
training and education, transportation of seriously injured
patients for the purposes of receiving such emergency medical
services, access to prehospital care, evaluation of protocols
for the purposes of improvement of outcomes and dissemination
of any related best practices, activities to facilitate
clinical research, as applicable and appropriate, and
increasing communication and coordination with applicable
State or Tribal trauma systems.
``(b) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be a public or private entity
that provides trauma care in a rural area.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that will
provide services under the grant in any rural area identified
by a State under section 1214(d)(1).''; and
(3) by adding at the end the following:
``(d) Reports.--An entity that receives a grant under this
section shall submit to the Secretary such reports as the
Secretary may require to inform administration of the program
under this section.''.
(c) Competitive Grants for Trauma Centers.--Section 1204 of
the Public Health Service Act (42 U.S.C. 300d-6) is amended--
(1) by amending the section heading to read as follows:
``competitive grants for trauma centers'';
(2) in subsection (a)--
(A) by striking ``that design, implement, and evaluate''
and inserting ``to design, implement, and evaluate new or
existing'';
(B) by striking ``emergency care'' and inserting
``emergency medical''; and
(C) by inserting ``, and improve access to trauma care
within such systems'' before the period;
(3) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) a State or consortia of States;
``(B) an Indian Tribe or Tribal organization (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act);
``(C) a consortium of level I, II, or III trauma centers
designated by applicable State or local agencies within an
applicable State or region, and, as applicable, other
emergency services providers; or
``(D) a consortium or partnership of nonprofit Indian
Health Service, Indian Tribal, and urban Indian trauma
centers.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``that proposes a pilot project'';
(ii) by striking ``an emergency medical and trauma system
that--'' and inserting ``a new or existing emergency medical
and trauma system. Such eligible entity shall use amounts
awarded under this subsection to carry out 2 or more of the
following activities:'';
(B) in paragraph (1) --
(i) by striking ``coordinates'' and inserting
``Strengthening coordination and communication''; and
(ii) by striking ``an approach to emergency medical and
trauma system access throughout the region, including 9-1-1
Public Safety Answering Points and emergency medical
dispatch;'' and inserting ``approaches to improve situational
awareness and emergency medical and trauma system access.'';
(C) in paragraph (2)--
(i) by striking ``includes'' and inserting ``Providing'';
(ii) by inserting ``support patient movement to'' after
``region to''; and
(iii) by striking the semicolon and inserting a period;
(D) in paragraph (3)--
(i) by striking ``allows for'' and inserting ``Improving'';
and
(ii) by striking ``; and'' and inserting a period;
(E) in paragraph (4), by striking ``includes a consistent''
and inserting ``Supporting a consistent''; and
(F) by adding at the end the following:
``(5) Establishing, implementing, and disseminating, or
utilizing existing, as applicable, evidence-based or
evidence-informed practices across facilities within such
emergency medical and trauma system to improve health
outcomes, including such practices related to management of
injuries, and the ability of such facilities to surge.
``(6) Conducting activities to facilitate clinical
research, as applicable and appropriate.'';
(5) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``the
proposed'' and inserting ``the applicable emergency medical
and trauma system'';
(ii) in clause (i), by inserting ``or Tribal entity'' after
``equivalent State office''; and
(iii) in clause (vi), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) for eligible entities described in subparagraph (C)
or (D) of subsection (b)(1), a description of, and evidence
of, coordination with the applicable State Office of
Emergency Medical Services (or equivalent State Office) or
applicable such office for a Tribe or Tribal organization;
and'';
(6) in subsection (e), by adding at the end the following:
``(3) Effective date.--The matching requirement described
in paragraph (1) shall take effect on October 1, 2025.'';
(7) in subsection (f), by striking ``population in a
medically underserved area'' and inserting ``medically
underserved population'';
(8) in subsection (g)--
(A) in the matter preceding paragraph (1), by striking
``described in'';
(B) in paragraph (2), by striking ``the system
characteristics that contribute to'' and inserting
``opportunities for improvement, including recommendations
for how to improve'';
(C) by striking paragraph (4);
(D) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively;
(E) in paragraph (4), as so redesignated, by striking ``;
and'' and inserting a semicolon;
(F) in paragraph (5), as so redesignated, by striking the
period and inserting ``; and''; and
(G) by adding at the end the following:
``(6) any evidence-based or evidence-informed strategies
developed or utilized pursuant to subsection (c)(5).''; and
(9) by amending subsection (h) to read as follows:
``(h) Dissemination of Findings.--Not later than 1 year
after the completion of the final project under subsection
(a), the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report describing the information contained
in each report submitted pursuant to subsection (g) and any
additional actions planned by the Secretary related to
regionalized emergency care and trauma systems.''.
(d) Program Funding.--Section 1232(a) of the Public Health
Service Act (42 U.S.C. 300d-32(a)) is amended by striking
``2010 through 2014'' and inserting ``2023 through 2027''.
SEC. 2114. ASSESSMENT OF CONTAINMENT AND MITIGATION OF
INFECTIOUS DISEASES.
(a) GAO Study.--The Comptroller General of the United
States shall conduct a study that reviews a geographically
diverse sample of States and territories that, in response to
the COVID-19 pandemic, implemented preparedness and response
plans that included isolation and quarantine recommendations
or requirements. Such study shall include--
(1) a review of such State and territorial preparedness and
response plans in place during the COVID-19 pandemic, an
assessment of the extent to which such plans facilitated or
presented challenges to State and territorial responses to
such public health emergency, including response activities
relating to isolation and quarantine to prevent the spread of
COVID-19; and
(2) a description of the technical assistance provided by
the Federal Government to help States and territories
facilitate such response
[[Page H10413]]
activities during responses to relevant public health
emergencies declared by the Secretary of Health and Human
Services pursuant to section 319 of the Public Health Service
Act, including the public health emergency with respect to
COVID-19, and a review of the degree to which such State and
territorial plans were implemented and subsequently revised
in response to the COVID-19 pandemic to address any
challenges.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report on the study under subsection
(a) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
SEC. 2115. CONSIDERATION OF UNIQUE CHALLENGES IN
NONCONTIGUOUS STATES AND TERRITORIES.
During any public health emergency declared under section
319 of the Public Health Service Act (42 U.S.C. 247d), the
Secretary of Health and Human Services shall conduct
quarterly meetings or consultations, as applicable or
appropriate, with noncontiguous States and territories with
regard to addressing unique public health challenges in such
States and territories associated with such public health
emergency.
Subtitle B--Improving Public Health Preparedness and Response Capacity
CHAPTER 1--IMPROVING PUBLIC HEALTH EMERGENCY RESPONSES
SEC. 2201. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH
OUTCOMES.
(a) In General.--Part B of title III of the Public Health
Service Act (42 U.S.C. 243 et seq.) is amended--
(1) by inserting after section 317U the following:
``SEC. 317V. ADDRESSING FACTORS RELATED TO IMPROVING HEALTH
OUTCOMES.
``(a) In General.--The Secretary may, as appropriate, award
grants, contracts, or cooperative agreements to eligible
entities for the conduct of evidence-based or evidence-
informed projects, which may include the development of
networks to improve health outcomes by improving the capacity
of such entities to address factors that contribute to
negative health outcomes in communities.
``(b) Eligible Entities.--To be eligible to receive an
award under this section, an entity shall--
``(1)(A) be a State, local, or Tribal health department,
community-based organization, Indian Tribe or Tribal
organization (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act),
urban Indian organization (as defined in section 4 of the
Indian Health Care Improvement Act), or other public or
private entity, as the Secretary determines appropriate; or
``(B) be a consortia of entities described in subparagraph
(A) or a public-private partnership, including a community
partnership;
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary shall require;
``(3) in the case of an entity other than a community-based
organization, demonstrate a history of successfully working
with an established community-based organization to address
health outcomes; and
``(4) submit a plan to conduct activities described in
subsection (a) based on a community needs assessment that
takes into account community input.
``(c) Use of Funds.--An entity described in subsection (b)
shall use funds received under subsection (a), in
consultation with State, local, and Tribal health
departments, community-based organizations, entities serving
medically underserved communities, and other entities, as
applicable, for one or more of the following purposes:
``(1) Supporting the implementation, evaluation, and
dissemination of strategies, through evidence-informed or
evidence-based programs and through the support and use of
public health and health care professionals to address
factors related to health outcomes.
``(2) Establishing, maintaining, or improving, in
consultation with State, local, or Tribal health departments,
technology platforms or networks to support, in a manner that
is consistent with applicable Federal and State privacy law--
``(A) coordination among appropriate entities, and, as
applicable and appropriate, activities to improve such
coordination;
``(B) information sharing on health and related social
services; and
``(C) technical assistance and related support for entities
participating in the platforms or networks.
``(3) Implementing best practices for improving health
outcomes and reducing disease among underserved populations.
``(4) Supporting consideration of factors related to health
outcomes in preparing for, and responding to, public health
emergencies, through outreach, education, research, and other
relevant activities.
``(d) Best Practices and Technical Assistance.--The
Secretary, in consultation with the Director of the Office of
Minority Health, the National Coordinator for Health
Information Technology, and the Administrator of the
Administration for Community Living, may award grants,
contracts, and cooperative agreements to public or nonprofit
private entities, including minority serving institutions
(defined, for purposes of this subsection, as institutions
and programs described in section 326(e)(1) of the Higher
Education Act of 1965 and institutions described in section
371(a) of such Act of 1965), to--
``(1) identify or facilitate the development of best
practices to support improved health outcomes for underserved
populations;
``(2) provide technical assistance, training, and
evaluation assistance to award recipients under subsection
(a);
``(3) disseminate best practices, including to award
recipients under subsection (a); and
``(4) leverage, establish, or operate regional centers to
develop, evaluate, and disseminate effective strategies on
factors related to health outcomes, including supporting
research and training related to such strategies.
``(e) Award Periods.--The Secretary shall issue awards
under this section for periods of not more than 5 years and
may issue extensions of such award periods for an additional
period of up to 3 years.
``(f) Report.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
includes information on activities funded under this section.
Such report shall include a description of--
``(1) changes in the capacity of public health entities to
address factors related to health outcomes in communities,
including any applicable platforms or networks developed or
utilized to coordinate health and related social services and
any changes in workforce capacity or capabilities;
``(2) improvements in health outcomes and in reducing
health disparities in medically underserved communities;
``(3) activities conducted to support consideration of
factors related to health outcomes in preparing for, and
responding to, public health emergencies, through outreach,
education, and other relevant activities;
``(4) communities and populations served by recipients of
awards under subsection (a);
``(5) activities supported under subsection (e); and
``(6) other relevant activities and outcomes, as determined
by the Secretary.
``(g) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $35,000,000
for each of fiscal years 2023 through 2027. Of the amounts
appropriated under this subsection for a fiscal year, 5
percent shall be reserved for awards under subsection (a) to
Indian Tribes and Tribal organizations (as such terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act), urban Indian organizations (as
defined in section 4 of the Indian Health Care Improvement
Act), and Tribal health departments.''; and
(2) by striking section 330D (42 U.S.C. 254c-4).
(b) GAO Study and Report.--Not later than 4 years after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Energy
and Committee on Energy and Commerce of the House of
Representatives a report on the program authorized under
section 317V of the Public Health Service Act, as added by
subsection (a), including a review of the outcomes and
effectiveness of the program and coordination with other
programs in the Department of Health and Human Services with
similar goals to ensure that there was no unnecessary
duplication of efforts.
CHAPTER 2--IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA
SEC. 2211. MODERNIZING STATE, LOCAL, AND TRIBAL
BIOSURVEILLANCE CAPABILITIES AND INFECTIOUS
DISEASE DATA.
Section 319D of the Public Health Service Act (42 U.S.C.
247d-4) is amended--
(1) in subsection (a)(3)--
(A) in the matter that precedes subparagraph (A), by
striking ``. Activities'' and all that follows through
``include'' and inserting ``, by''; and
(B) in subparagraph (D), by inserting ``, infectious
disease outbreaks,'' after ``bioterrorism'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``, and local'' and inserting ``, local,
and Tribal''; and
(II) by adding ``and'' after the semicolon;
(ii) in subparagraph (B), by striking ``; and'' and
inserting ``;''; and
(iii) by striking subparagraph (C); and
(B) in paragraph (2)--
(i) by inserting ``, deidentified'' before ``information'';
and
(ii) by adding at the end the following: ``The Secretary
shall ensure that the activities carried out pursuant to the
previous sentence are conducted in a manner that protects
personal privacy, to the extent required by applicable
Federal and State information privacy or security law, at a
minimum.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``modernize,'' after ``establish,'';
(ii) by inserting ``that is deidentified, as applicable,''
after ``share data and information'';
(iii) by inserting ``, to the extent practicable'' before
the period of the second sentence; and
(iv) by adding at the end the following: ``The Secretary
shall ensure that the activities carried out pursuant to this
paragraph are conducted in a manner that protects personal
privacy, to the extent required by applicable Federal and
State information privacy or security law, at a minimum.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iii), by adding ``and'' after the semicolon;
(II) in clause (iv), by striking ``; and'' and inserting a
period; and
(III) by striking clause (v); and
(ii) in subparagraph (B), by inserting ``, and make
recommendations to improve the quality of
[[Page H10414]]
data collected pursuant to subparagraph (A) to ensure
complete, accurate, and timely sharing of such data, as
appropriate, across such elements as described in
subparagraph (A)'' after ``under subparagraph (A)'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``and
operating'' and inserting ``, operating, and updating, as
appropriate,'';
(II) in clause (iii)--
(aa) by inserting ``that is deidentified, as applicable,''
after ``analyses''; and
(bb) by inserting ``in accordance with applicable Federal
and State privacy and security law'' before the semicolon at
the end;
(III) in clause (iv), by striking ``and'' at the end;
(IV) in clause (v), by striking the period and inserting
``; and''; and
(V) by adding at the end the following:
``(vi) in collaboration with State, local, and Tribal
public health officials, integrate and update applicable
existing public health data systems and networks of the
Department of Health and Human Services to reflect
technological advancements, consistent with section 2823, as
applicable.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by inserting ``and 180 days after the
date of enactment of the PREVENT Pandemics Act,'' after
``Innovation Act of 2019,'';
(II) in clause (ii), by striking ``and other
representatives as the Secretary determines appropriate'' and
inserting ``experts in State-based public health data
systems; experts in standards and implementation
specifications, including transaction standards; and experts
in privacy and data security''; and
(III) in clause (iii)--
(aa) in subclause (IV), by inserting ``, including existing
public health data systems'' before the semicolon;
(bb) in subclause (V), by striking ``and'' at the end;
(cc) in subclause (VI), by striking the period and
inserting a semicolon; and
(dd) by adding at the end the following:
``(VII) strategies to integrate laboratory and public
health data systems and capabilities to support rapid and
accurate reporting of laboratory test results and associated
relevant data;
``(VIII) strategies to improve the collection, reporting,
and dissemination of relevant, aggregated, deidentified
demographic data to inform responses to public health
emergencies, including identification of at-risk populations
and to address potential health disparities; and
``(IX) strategies to improve the electronic exchange of
health information, as appropriate, between State and local
health departments and health care providers and facilities
to improve the detection of, and responses to, potentially
catastrophic infectious disease outbreaks.'';
(D) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by inserting ``and
every 5 years thereafter,'' after ``Innovation Act of 2019,''
(ii) in clause (iii)--
(I) in subclause (III), by striking ``and'' at the end; and
(II) by adding at the end the following:
``(V) improve coordination and collaboration, as
appropriate, with other Federal departments to improve the
capabilities of the network and reduce administrative burden
on State, local, and Tribal entities; and
``(VI) implement applicable lessons learned from recent
public health emergencies to address gaps in situational
awareness and biosurveillance capabilities;'';
(iii) in clause (iv), by striking ``and'' at the end;
(iv) in clause (v), by striking the period and inserting
``, including a description of how such steps will further
the goals of the network, consistent with paragraph (1);
and''; and
(v) by adding at the end the following:
``(vi) identifies and demonstrates measurable steps the
Secretary will take to further develop and integrate
infectious disease detection, support rapid, accurate, and
secure sharing of laboratory test results, deidentified as
appropriate, during a public health emergency, and improve
coordination and collaboration with State, local, and Tribal
public health officials, clinical laboratories, and other
entities with expertise in public health surveillance.''; and
(E) by adding at the end the following:
``(9) Rules of construction.--
``(A) Nothing in this subsection shall be construed to
supplant, in whole or in part, State, local, or Tribal
activities or responsibilities related to public health
surveillance.
``(B) Nothing in this subsection shall be construed to
alter the authority of the Secretary with respect to the
types of data the Secretary may receive through systems
supported or established under this section.'';
(4) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``deidentified'' before ``data,
information''; and
(II) by inserting ``, in consultation with such State or
consortium of States'' before the semicolon;
(ii) in subparagraph (C), by inserting ``, including any
public-private partnerships or other partnerships entered
into to improve such capacity'' before the semicolon; and
(B) by adding at the end the following:
``(6) Non-duplication of effort.--The Secretary shall
ensure that activities carried out under an award under this
subsection do not unnecessarily duplicate efforts of other
agencies and offices within the Department of Health and
Human Services.'';
(5) by striking subsection (e);
(6) by redesignating subsections (f), (g), (h), (i), and
(j), as subsections (e), (f), (g), (h), and (i),
respectively;
(7) by striking subsection (h), as redesignated by
paragraph (6), and inserting the following:
``(h) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to carry out subsection (a), $25,000,000 for each of
fiscal years 2022 and 2023; and
``(2) to carry out subsections (b), (c), and (d),
$136,800,000 for each of fiscal years 2022 and 2023.''; and
(8) by striking ``tribal'' each place it appears and
inserting ``Tribal''.
SEC. 2212. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS.
(a) Guidance Supporting Genomic Sequencing of Pathogens
Collaboration.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in
consultation with the heads of other Federal departments or
agencies, as appropriate, shall issue guidance to support
collaboration relating to genomic sequencing of pathogens,
including the use of new and innovative approaches and
technology for the detection, characterization, and
sequencing of pathogens, to improve public health
surveillance and preparedness and response activities,
consistent with section 2824 of the Public Health Service
Act, as added by subsection (b). Such guidance shall address
the secure sharing, for public health surveillance purposes,
of specimens of such pathogens, between appropriate entities
and public health authorities, consistent with the
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note), as applicable, and in a manner that
protects personal privacy to the extent required by
applicable privacy law, at a minimum, and the appropriate use
of sequence data derived from such specimens.
(b) Genomic Sequencing Program.--Title XXVIII of the Public
Health Service Act (42 U.S.C. 300hh et seq.) is amended by
adding at the end the following:
``SEC. 2824. GENOMIC SEQUENCING, ANALYTICS, AND PUBLIC HEALTH
SURVEILLANCE OF PATHOGENS PROGRAM.
``(a) Genomic Sequencing, Analytics, and Public Health
Surveillance of Pathogens Program.--The Secretary, acting
through the Director of the Centers for Disease Control and
Prevention and in consultation with the Director of the
National Institutes of Health and heads of other departments
and agencies, as appropriate, shall strengthen and expand
activities related to genomic sequencing of pathogens,
including through new and innovative approaches and
technology for the detection, characterization, and
sequencing of pathogens, analytics, and public health
surveillance, including--
``(1) continuing and expanding activities, which may
include existing genomic sequencing activities related to
advanced molecular detection, to--
``(A) identify and respond to emerging infectious disease
threats; and
``(B) identify the potential use of genomic sequencing
technologies, advanced computing, and other advanced
technology to inform surveillance activities and incorporate
the use of such technologies, as appropriate, into related
activities;
``(2) providing technical assistance and guidance to State,
Tribal, local, and territorial public health departments to
increase the capacity of such departments to perform genomic
sequencing of pathogens, including recipients of funding
under section 2821;
``(3) carrying out activities to enhance the capabilities
of the public health workforce with respect to pathogen
genomics, epidemiology, and bioinformatics, including through
training; and
``(4) continuing and expanding activities, as applicable,
with public and private entities, including relevant
departments and agencies, laboratories, academic
institutions, and industry.
``(b) Partnerships.--For the purposes of carrying out the
activities described in subsection (a), the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, may award grants, contracts, or cooperative
agreements to entities, including academic and other
laboratories, with expertise in genomic sequencing for public
health purposes, including new and innovative approaches to,
and related technology for, the detection, characterization,
and sequencing of pathogens.
``(c) Centers of Excellence.--
``(1) In general.--The Secretary shall, as appropriate,
award grants, contracts, or cooperative agreements to public
health agencies for the establishment or operation of centers
of excellence to promote innovation in pathogen genomics and
molecular epidemiology to improve the control of and response
to pathogens that may cause a public health emergency. Such
centers shall, as appropriate--
``(A) identify and evaluate the use of genomics, or other
related technologies that may advance public health
preparedness and response;
``(B) improve the identification, development, and use of
tools for integrating and analyzing genomic and epidemiologic
data;
``(C) assist with genomic surveillance of, and response to,
infectious diseases, including analysis of pathogen genomic
data;
``(D) conduct applied research to improve public health
surveillance of, and response to, infectious diseases through
innovation in pathogen genomics and molecular epidemiology;
and
``(E) develop and provide training materials for experts in
the fields of genomics, microbiology, bioinformatics,
epidemiology, and other fields, as appropriate.
``(2) Requirements.--To be eligible for an award under
paragraph (1), an entity shall submit to the Secretary an
application containing such information as the Secretary may
require, including a description of how the entity will
partner, as applicable, with academic institutions or a
consortium of academic partners that
[[Page H10415]]
have relevant expertise, such as microbial genomics,
molecular epidemiology, or the application of bioinformatics
or statistics.''.
(c) Report to Congress.--Not later than 90 days after the
date of enactment of the PREVENT Pandemics Act, and 90 days
following expenditure of all funds under section 2402 of the
American Rescue Plan Act of 2021 (Public Law 117-2), the
Director of the Centers for Disease Control and Prevention
shall submit a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives outlining how
funds awarded under such section 2402 were expended as of the
date of such report.
SEC. 2213. SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH
DATA.
(a) Designation of Public Health Data Standards.--Section
2823(a)(2) of the Public Health Service Act (42 U.S.C. 300hh-
33(a)(2)) is amended--
(1) by striking ``In carrying out'' and inserting the
following:
``(A) In general.--In carrying out''; and
(2) by striking ``shall, as appropriate and'' and inserting
``shall, not later than 2 years after the date of enactment
of the PREVENT Pandemics Act,''; and
(3) by adding at the end the following:
``(B) No duplicative efforts.--
``(i) In general.--In carrying out the requirements of this
paragraph, the Secretary, in consultation with the Office of
the National Coordinator for Health Information Technology,
may use input gathered (including input and recommendations
gathered from the Health Information Technology Advisory
Committee), and materials developed, prior to the date of
enactment of the PREVENT Pandemics Act.
``(ii) Designation of standards.--Consistent with sections
13111 and 13112 of the HITECH Act, the data and technology
standards designated pursuant to this paragraph shall align
with the standards and implementation specifications
previously adopted by the Secretary pursuant to section 3004,
as applicable.
``(C) Privacy and security.--Nothing in this paragraph
shall be construed as modifying applicable Federal or State
information privacy or security law.''.
(b) Study on Laboratory Information Standards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Office of the National Coordinator
for Health Information Technology shall conduct a study to
review the use of standards for electronic ordering and
reporting of laboratory test results.
(2) Areas of concentration.--In conducting the study under
paragraph (1), the Office of the National Coordinator for
Health Information Technology shall--
(A) determine the extent to which clinical laboratories are
using standards for electronic ordering and reporting of
laboratory test results;
(B) assess trends in laboratory compliance with standards
for ordering and reporting laboratory test results and the
effect of such trends on the interoperability of laboratory
data with public health data systems;
(C) identify challenges related to collection and reporting
of demographic and other data elements with respect to
laboratory test results;
(D) identify any challenges associated with using or
complying with standards and reporting laboratory test
results with data elements identified in standards for
electronic ordering and reporting of such results; and
(E) review other relevant areas determined appropriate by
the Office of the National Coordinator for Health Information
Technology.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Office of the National Coordinator
for Health Information Technology shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report concerning the findings of the
study conducted under paragraph (1).
(c) Data Use Agreements.--
(1) Interagency data use agreements within the department
of health and human services for public health emergencies.--
(A) In general.--The Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary'') shall,
as appropriate, facilitate the development of, or updates to,
memoranda of understanding, data use agreements, or other
applicable interagency agreements regarding appropriate
access, exchange, and use of public health data between the
Centers for Disease Control and Prevention, the Office of the
Assistant Secretary for Preparedness and Response, other
relevant agencies or offices within the Department of Health
and Human Services, and other relevant Federal agencies, in
order to prepare for, identify, monitor, and respond to
declared or potential public health emergencies.
(B) Requirements.--In carrying out activities pursuant to
subparagraph (A), the Secretary shall--
(i) ensure that the agreements and memoranda of
understanding described in such subparagraph--
(I) address the methods of granting access to data held by
one agency or office with another to support the respective
missions of such agencies or offices;
(II) consider minimum necessary principles of data sharing
for appropriate use;
(III) include appropriate privacy and cybersecurity
protections; and
(IV) are subject to regular updates, as appropriate;
(ii) collaborate with the Centers for Disease Control and
Prevention, the Office of the Assistant Secretary for
Preparedness and Response, the Office of the Chief
Information Officer, and, as appropriate, the Office of the
National Coordinator for Health Information Technology, and
other entities within the Department of Health and Human
Services; and
(iii) consider the terms and conditions of any existing
data use agreements with other public or private entities and
any need for updates to such existing agreements, consistent
with paragraph (2).
(2) Data use agreements with external entities.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and the Assistant Secretary
for Preparedness and Response, may update memoranda of
understanding, data use agreements, or other applicable
agreements and contracts to improve appropriate access,
exchange, and use of public health data between the Centers
for Disease Control and Prevention and the Office of the
Assistant Secretary for Preparedness and Response and
external entities, including State, Tribal, and territorial
health departments, laboratories, hospitals and other health
care providers, electronic health records vendors, and other
entities, as applicable and appropriate, in order to prepare
for, identify, monitor, and respond to declared or potential
public health emergencies.
(3) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives on the status of the agreements under this
subsection.
(d) Improving Information Sharing and Availability of
Public Health Data.--Part A of title III of the Public Health
Service Act (42 U.S.C. 241 et seq.) is amended by adding at
the end the following:
``SEC. 310B. IMPROVING STATE, LOCAL, AND TRIBAL INFORMATION
SHARING.
``(a) In General.--The Secretary may, in consultation with
State, local, and Tribal public health officials, carry out
activities to improve the availability of appropriate and
applicable public health data related to communicable
diseases, and information sharing between, the Director of
the Centers for Disease Control and Prevention, the Assistant
Secretary for Preparedness and Response, and such State,
local, and Tribal public health officials, which may include
such data from--
``(1) health care providers and facilities;
``(2) public health and clinical laboratories;
``(3) health information exchanges and health information
networks; and
``(4) State, local, and Tribal health departments.
``(b) Content, Form, and Manner.--The Secretary shall,
consistent with the requirements of this section, work with
such officials and relevant stakeholders to provide
information on the content, form, and manner in which such
data, deidentified as applicable, may most effectively
support the ability of State, local, and Tribal health
departments to respond to such communicable diseases,
including related to the collection and reporting of
demographic and other relevant data elements. Such form and
manner requirements shall align with the standards and
implementation specifications adopted by the Secretary under
section 3004, as applicable.
``(c) Decreased Burden.--In facilitating the coordination
of efforts under subsection (a), the Secretary shall make
reasonable efforts to limit reported public health data to
the minimum necessary information needed to accomplish the
intended public health purpose.
``(d) Exemption of Certain Public Health Data From
Disclosure.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may exempt
from disclosure under section 552(b)(3) of title 5, United
States Code, public health data that are gathered under this
section if--
``(1) an individual is identified through such data; or
``(2) there is at least a very small risk, as determined by
current scientific practices or statistical methods, that
some combination of the information, the request, and other
available data sources or the application of technology could
be used to deduce the identity of an individual.''.
(e) Improving State, Local, and Tribal Public Health
Data.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
award grants, contracts, or cooperative agreements to
eligible entities for purposes of identifying, developing, or
disseminating best practices in electronic health information
and the use of designated data standards and implementation
specifications, including privacy standards, to improve the
quality and completeness of data, including demographic data
used for public health purposes.
(2) Eligible entities.--To be eligible to receive an award
under this subsection an entity shall--
(A) be a health care provider, academic medical center,
community-based organization, State, local governmental
entity, Indian Tribe or Tribal organization (as such terms
are defined in section 4 of the Indian Self Determination and
Education Assistance Act (25 U.S.C. 5304)), urban Indian
organization (as defined in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603)), or other appropriate
public or private nonprofit entity, or a consortia of any
such entities; and
(B) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
(3) Activities.--Entities receiving awards under this
subsection shall use such award to develop and test best
practices for training health care providers to use standards
and implementation specifications that assist in the capture,
access, exchange, and use of electronic health information,
deidentified as applicable,
[[Page H10416]]
such as demographic information, disability status, veteran
status, and functional status. Such activities shall include,
at a minimum--
(A) improving, understanding, and using data standards and
implementation specifications;
(B) developing or identifying methods to improve
communication with patients in a culturally- and
linguistically-appropriate manner, including to better
capture information related to demographics of such
individuals;
(C) developing methods for accurately categorizing and
recording patient responses using available data standards;
(D) educating providers regarding the utility of such
information for public health purposes and the importance of
accurate collection and recording of such data; and
(E) providing information regarding how data will be
deidentified if used for such public health purposes, as
applicable and appropriate.
(4) Reporting.--
(A) Reporting by award recipients.--Each recipient of an
award under this subsection shall submit to the Secretary a
report on the results of best practices identified,
developed, or disseminated through such award.
(B) Report to congress.--Not later than 1 year after the
completion of the program under this subsection, the
Secretary shall submit a report to Congress on the success of
best practices developed under such program, opportunities
for further dissemination of such best practices, and
recommendations for improving the capture, access, exchange,
and use of information to improve public health and reduce
health disparities.
(5) Non-duplication of efforts.--The Secretary shall ensure
that the activities and programs carried out under this
subsection are free of unnecessary duplication of effort.
(f) Rules of Construction.--Nothing in this section shall
be construed to--
(1) supplant, in whole or in part, State, local, or Tribal
activities or responsibilities related to public health
surveillance, as applicable;
(2) alter the authority of the Secretary with respect to
the types of data the Secretary may receive through systems
supported or established in this section or other laws; or
(3) modify applicable Federal or State information privacy
or security law.
SEC. 2214. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
Title XXVIII of the Public Health Service Act (42 U.S.C.
300hh et seq.), as amended by section 2212, is further
amended by adding at the end the following:
``SEC. 2825. EPIDEMIC FORECASTING AND OUTBREAK ANALYTICS.
``(a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall continue activities related to the development of
infectious disease outbreak analysis capabilities to enhance
the prediction, modeling, and forecasting of potential public
health emergencies and other infectious disease outbreaks,
which may include activities to support preparedness for, and
response to, such emergencies and outbreaks. In carrying out
this subsection, the Secretary shall identify strategies to
include and leverage, as appropriate, the capabilities to
public and private entities, which may include conducting
such activities through collaborative partnerships with
public and private entities, including academic institutions,
and other Federal agencies, consistent with section 319D, as
applicable.
``(b) Considerations.--In carrying out subsection (a), the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, may consider public health
data and, as appropriate, other data sources related to
preparedness for, or response to, public health emergencies
and infectious disease outbreaks.
``(c) Annual Reports.--Not later than 1 year after the date
of enactment of this section, and annually thereafter for
each of the subsequent 4 years, the Secretary shall prepare
and submit a report, to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, regarding an
update on progress on activities conducted under this section
to develop infectious disease outbreak analysis capabilities
and any additional information relevant to such efforts.''.
SEC. 2215. PUBLIC HEALTH DATA TRANSPARENCY.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall issue a report assessing practices,
objectives, and associated progress and challenges in
achieving such objectives, of the Centers of Disease Control
and Prevention with respect to the collection and
dissemination of public health data related to a public
health emergency declared under section 319 of the Public
Health Service Act (42 U.S.C. 247d) or a potential public
health emergency.
(b) Plan.--Not later than 180 days following the issuance
of the report pursuant to paragraph (1), the Director of the
Centers for Disease Control and Prevention shall submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a plan that shall include--
(1) steps to improve the timely reporting and dissemination
of deidentified public health data related to a public health
emergency declared under section 319 of the Public Health
Service Act (42 U.S.C. 247d) or a potential public health
emergency that is collected by the Centers for Disease
Control and Prevention, including any associated barriers;
(2) recommendations to Congress regarding gaps in such
practices and objectives described in subsection (a); and
(3) considerations regarding the requirements and
limitations of data use agreements for such purposes, as
applicable, and any efforts undertaken to address those
requirements and limitations.
SEC. 2216. GAO REPORT ON PUBLIC HEALTH PREPAREDNESS,
RESPONSE, AND RECOVERY DATA CAPABILITIES.
(a) Study.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'')
shall conduct a study on the efforts of the Department of
Health and Human Services to ensure that public health
preparedness, response, and recovery data capabilities
related to pandemic and other biological threats are not
unnecessarily duplicative, overlapping, or fragmented. Such
study shall include--
(1) a comprehensive list of all public health preparedness,
response, and recovery data collection, such as incidence and
prevalence of disease tracking, hospitalizations, critical
care capacity, and testing programs, at the Department of
Health and Human Services, as identified by the department
and its component agencies;
(2) an analysis of any duplication, overlap, or
fragmentation of the programs identified in paragraph (1);
(3) identification of any efforts of the Department of
Health and Human Services to reduce unnecessary duplication
and improve coordination, efficiency, and effectiveness of
such programs and any associated challenges;
(4) any practices that threaten individual privacy and
recommendations to improve the protection of individual,
identifiable data; and
(5) a description of the funding and other resources
dedicated to the operation of each such program identified in
paragraph (1).
(b) Reporting.--
(1) In general.--Based on the study conducted under
subsection (a), the Comptroller General shall--
(A) not later than 6 months after the date of enactment of
this Act, provide a briefing to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives; and
(B) not later than 18 months after the date of enactment of
this Act, submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a complete
report on such study.
(2) Recommendations.--The report under paragraph (1)(B)
shall include recommendations, as appropriate, with respect
to public health preparedness, response, and recovery data
programs at the Department of Health and Human Services, to--
(A) streamline data collection and reduce fragmentation and
address any associated challenges;
(B) reduce duplication in such programs; and
(C) improve information-sharing across programs.
CHAPTER 3--REVITALIZING THE PUBLIC HEALTH WORKFORCE
SEC. 2221. IMPROVING RECRUITMENT AND RETENTION OF THE
FRONTLINE PUBLIC HEALTH WORKFORCE.
(a) In General.--Section 776 of the Public Health Service
Act (42 U.S.C. 295f-1) is amended--
(1) in subsection (a)--
(A) by striking ``supply of'' and inserting ``supply of,
and encourage recruitment and retention of,''; and
(B) by striking ``Federal,'';
(2) in subsection (b)--
(A) by amending paragraph (1)(A) to read as follows:
``(1)(A)(i) be accepted for enrollment, or be enrolled, as
a student in an accredited institution of higher education or
school of public health in the final semester (or equivalent)
of a program leading to a certificate or degree, including a
master's or doctoral degree, in public health, epidemiology,
laboratory sciences, data systems, data science, data
analytics, informatics, statistics, or another subject matter
related to public health; and
``(ii) be employed by, or have accepted employment with, a
State, local, or Tribal public health agency, or a related
training fellowship at such State, local, or Tribal public
health agency, as recognized by the Secretary, to commence
upon graduation; or''; and
(B) in paragraph (1)(B)--
(i) in clause (i)--
(I) by striking ``accredited educational institution in a
State or territory'' and inserting ``accredited institution
of higher education or school of public health''; and
(II) by striking ``a public health or health professions
degree or certificate'' and inserting ``a certificate or
degree, including a master's or doctoral degree, in public
health, epidemiology, laboratory sciences, data systems, data
science, data analytics, informatics, statistics, or another
subject matter related to public health''; and
(ii) in clause (ii)--
(I) by striking ``Federal,''; and
(II) by striking ``fellowship,'' and inserting ``fellowship
at such State, local, or Tribal public health agency,'';
(3) in subsection (c)(2)--
(A) by striking ``Federal,''; and
(B) by striking ``equal to the greater of--'' and all that
follows through the end of subparagraph (B) and inserting
``of at least 3 consecutive years;'';
(4) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--A loan repayment provided for an
individual under a written contract under the Program shall
consist of payment, in accordance with paragraph (2), for the
individual toward the outstanding principal and interest on
education loans incurred by the individual in the pursuit of
the relevant degree or
[[Page H10417]]
certificate described in subsection (b)(1) in accordance with
the terms of the contract.''; and
(B) in paragraph (2)--
(i) by striking ``For each year'' and inserting the
following:
``(A) In general.--For each year'';
(ii) by striking ``$35,000'' and inserting ``$50,000'';
(iii) by striking ``$105,000'' and inserting ``$150,000'';
and
(iv) by adding at the end the following:
``(B) Considerations.--The Secretary may take action in
making awards under this section to ensure that--
``(i) an appropriate proportion of contracts are awarded to
individuals who are eligible to participate in the program
pursuant to subsection (b)(1)(A); and
``(ii) contracts awarded under this section are equitably
distributed among--
``(I) the geographical regions of the United States;
``(II) local, State, and Tribal public health departments;
and
``(III) such public health departments under subclause (II)
serving rural and urban areas.'';
(5) in subsection (e), by striking ``receiving a degree or
certificate from a health professions or other related
school'' and inserting ``with a contract to serve under
subsection (c)'';
(6) in subsection (f), by adding at the end the following:
``In the event that a participant fails to either begin or
complete the obligated service requirement of the loan
repayment contract under this section, the Secretary may
waive or suspend either the unfulfilled service or the
assessed damages as provided for under section 338E(d), as
appropriate.'';
(7) by redesignating subsection (g) as subsection (i);
(8) by inserting after subsection (f) the following:
``(g) Eligible Loans.--The loans eligible for repayment
under this section are each of the following:
``(1) Any loan for education or training for employment by
a health department.
``(2) Any loan under part E of title VIII (relating to
nursing student loans).
``(3) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(4) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(5) Any other Federal loan, as the Secretary determines
appropriate.
``(h) Pilot Program.--
``(1) In general.--The Secretary shall, as appropriate,
establish a pilot program, to be known as the Bio-
Preparedness Workforce Pilot Program, to provide for loan
repayment for health professionals with expertise in
infectious diseases and emergency preparedness and response
activities to ensure an adequate supply of such
professionals. Such program shall be administered consistent
with the requirements of this section, except that, to be
eligible to participate in the pilot program, an individual
shall--
``(A)(i) be accepted for enrollment, or be enrolled, as a
student in an accredited institution of higher education in
the final semester (or equivalent) of a program leading to a
health professions degree or certificate program relevant to
such program; or
``(ii) have graduated, during the preceding 10-year period,
from an accredited institution of higher education with a
health professions degree or certificate program relevant to
such program; and
``(B) be employed by, or have accepted employment with--
``(i) a Federal health care facility;
``(ii) a nonprofit health care facility that is located in
a health professional shortage area (as defined in section
332), a frontier health professional shortage area (as
defined in section 799B), or a medically underserved
community (as defined in section 799B);
``(iii) an entity receiving assistance under title XXVI for
the provision of clinical services;
``(iv) a health program, or a facility, operated by an
Indian Tribe or Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act) or by an urban Indian organization
(as defined in section 4 of the Indian Health Care
Improvement Act); or
``(v) another relevant entity determined appropriate by the
Secretary, as a health professional with expertise in
infectious diseases or emergency preparedness and response.
``(2) Non-duplication of effort.--The Secretary shall
ensure that the pilot program established under paragraph (1)
does not unnecessarily duplicate the National Health Service
Corps Loan Repayment Program, or any other loan repayment
program operated by the Department of Health and Human
Services.
``(3) Evaluation and report to congress.--
``(A) In general.--The Secretary shall evaluate the pilot
program at the conclusion of the first cycle of recipients
funded by the pilot program.
``(B) Report.--
``(i) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the evaluation under
subparagraph (A). The report shall include, at a minimum,
outcomes information from the pilot program, including any
impact on recruitment and retention of health professionals
with expertise in infectious diseases and emergency
preparedness and response activities.
``(ii) Recommendation.--The report under this subparagraph
shall include a recommendation by the Secretary as to whether
the pilot program under this subsection should be
extended.'';
(9) in subsection (i), as so redesignated, by striking
``$195,000,000 for fiscal year 2010, and such sums as may be
necessary for each of fiscal years 2011 through 2015'' and
inserting ``$100,000,000 for each of fiscal years 2023
through 2025''; and
(10) by striking ``tribal'' each place such term appears
and inserting ``Tribal''.
(b) GAO Study on Public Health Workforce.--Not later than 2
years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) conduct an evaluation of what is known about the public
health workforce in the United States, which shall address--
(A) existing gaps in the Federal, State, local, Tribal, and
territorial public health workforce, including positions that
may be required to prepare for, and respond to, a public
health emergency such as COVID-19;
(B) challenges associated with the hiring, recruitment, and
retention of the Federal, State, local, Tribal, and
territorial public health workforce; and
(C) Federal efforts to improve hiring, recruitment, and
retention of the public health workforce; and
(2) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on such
review.
SEC. 2222. AWARDS TO SUPPORT COMMUNITY HEALTH WORKERS AND
COMMUNITY HEALTH.
(a) In General.--Section 399V of the Public Health Service
Act (42 U.S.C. 280g-11) is amended--
(1) by amending the section heading to read as follows:
``awards to support community health workers and community
health'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary shall award grants,
contracts, or cooperative agreements to eligible entities to
promote positive health behaviors and outcomes for
populations in medically underserved communities by
leveraging community health workers, including by addressing
ongoing and longer-term community health needs, and by
building the capacity of the community health worker
workforce. Such grants, contracts, and cooperative agreements
shall be awarded in alignment and coordination with existing
funding arrangements supporting community health workers.'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Grants awarded'' and inserting ``Subject
to any requirements for the scope of licensure, registration,
or certification of a community health worker under
applicable State law, grants, contracts, and cooperative
agreements awarded''; and
(ii) by striking ``support community health workers'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraphs (1) and (2) and inserting the
following:
``(1) recruit, hire, train, and retain community health
workers that reflect the needs of the community;
``(2) support community health workers in providing
education and outreach, in a community setting, regarding--
``(A) health conditions prevalent in--
``(i) medically underserved communities (as defined in
section 799B), particularly racial and ethnic minority
populations; and
``(ii) other such at-risk populations or geographic areas
that may require additional support during public health
emergencies, which may include counties identified by the
Secretary using applicable measures developed by the Centers
for Disease Control and Prevention or other Federal agencies;
and
``(B) addressing health disparities, including by--
``(i) promoting awareness of services and resources to
increase access to health care, mental health and substance
use disorder services, child services, technology, housing
services, educational services, nutrition services,
employment services, and other services; and
``(ii) assisting in conducting individual and community
needs assessments;
``(3) educate community members, including regarding
effective strategies to promote healthy behaviors;'';
(D) in paragraph (4), as so redesignated, by striking ``to
educate'' and inserting ``educate'';
(E) in paragraph (5), as so redesignated--
(i) by striking ``to identify'' and inserting ``identify'';
(ii) by striking ``healthcare agencies'' and inserting
``health care agencies''; and
(iii) by striking ``healthcare services and to eliminate
duplicative care; or'' and inserting ``health care services
and to streamline care, including serving as a liaison
between communities and health care agencies; and''; and
(F) in paragraph (6), as so redesignated--
(i) by striking ``to educate, guide, and provide'' and
inserting ``support community health workers in educating,
guiding, or providing''; and
(ii) by striking ``maternal health and prenatal care'' and
inserting ``chronic diseases, maternal health, prenatal, and
postpartum care in order to improve maternal and infant
health outcomes'';
(4) in subsection (c), by striking ``Each eligible entity''
and all that follows through ``accompanied by'' and inserting
``To be eligible to receive an award under subsection (a), an
entity shall prepare and submit to the Secretary an
application at such time, in such manner, and containing'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``awarding grants'' and inserting ``making awards'';
[[Page H10418]]
(B) by amending paragraph (1) to read as follows:
``(1) propose to serve--
``(A) areas with populations that have a high rate of
chronic disease, infant mortality, or maternal morbidity and
mortality;
``(B) low-income populations, including medically
underserved populations (as defined in section 330(b)(3));
``(C) populations residing in health professional shortage
areas (as defined in section 332(a));
``(D) populations residing in maternity care health
professional target areas identified under section 332(k); or
``(E) rural or traditionally underserved populations,
including racial and ethnic minority populations or low-
income populations;'';
(C) in paragraph (2), by striking ``; and'' and inserting
``, including rural populations and racial and ethnic
minority populations;'';
(D) in paragraph (3), by striking ``with community health
workers.'' and inserting ``and established relationships with
community health workers in the communities expected to be
served by the program;'' and
(E) by adding at the end the following:
``(4) develop a plan for providing services to the extent
practicable, in the language and cultural context most
appropriate to individuals expected to be served by the
program; and
``(5) propose to use evidence-informed or evidence-based
practices, as applicable and appropriate.'';
(6) in subsection (e)--
(A) by striking ``community health worker programs'' and
inserting ``eligible entities''; and
(B) by striking ``and one-stop delivery systems under
section 121(e)'' and inserting ``, health professions
schools, minority-serving institutions (defined, for purposes
of this subsection, as institutions and programs described in
section 326(e)(1) of the Higher Education Act of 1965 and
institutions described in section 371(a) of such Act), area
health education centers under section 751 of this Act, and
one-stop delivery systems under section 121'';
(7) by striking subsections (f), (g), (h), (i), and (j) and
inserting the following:
``(f) Technical Assistance.--The Secretary may provide to
eligible entities that receive awards under subsection (a)
technical assistance with respect to planning, development,
and operation of community health worker programs authorized
or supported under this section.
``(g) Dissemination of Best Practices.--Not later than 4
years after the date of enactment of the PREVENT Pandemics
Act, the Secretary shall, based on activities carried out
under this section and in consultation with relevant
stakeholders, identify and disseminate evidence-based or
evidence-informed practices regarding recruitment and
retention of community health workers and paraprofessionals
to address ongoing public health and community health needs,
and to prepare for, and respond to, future public health
emergencies.
``(h) Report to Congress.--Not later than 4 years after the
date of enactment of the PREVENT Pandemics Act, the Secretary
shall submit to the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives a
report concerning the effectiveness of the program under this
section in addressing ongoing public health and community
health needs. Such report shall include recommendations
regarding any improvements to such program, including
recommendations for how to improve recruitment, training, and
retention of the community health workforce.
``(i) Authorization of Appropriations.--For purposes of
carrying out this section, there are authorized to be
appropriated $50,000,000 for each of fiscal years 2023
through 2027.'';
(8) by redesignating subsection (k) as subsection (j); and
(9) in subsection (j), as so redesignated--
(A) by striking paragraphs (1), (2), and (4);
(B) by redesignating paragraph (3) as paragraph (1);
(C) in paragraph (1), as so redesignated--
(i) by striking ``entity (including a State or public
subdivision of a State'' and inserting ``entity, including a
State or political subdivision of a State, an Indian Tribe or
Tribal organization, an urban Indian organization, a
community-based organization''; and
(ii) by striking ``as defined in section 1861(aa) of the
Social Security Act))'' and inserting ``(as defined in
section 1861(aa)(4) of the Social Security Act)''; and
(D) by adding at the end the following:
``(2) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given the
terms `Indian tribe' and `tribal organization', respectively,
in section 4 of the Indian Self-Determination and Education
Assistance Act.
``(3) Urban indian organization.--The term `urban Indian
organization' has the meaning given such term in section 4 of
the Indian Health Care Improvement Act.''.
(b) GAO Study and Report.--Not later than 1 year after the
date of submission of the report under subsection (h) of
section 399V of the Public Health Service Act (42 U.S.C.
280g-11), as amended by subsection (a), the Comptroller
General of the United States shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the program authorized under such
section 399V, including a review of the efforts of the
Secretary of Health and Human Services to coordinate such
program with applicable programs of the Health Resources and
Services Administration to ensure there is no unnecessary
duplication of efforts among such programs, and
identification of any areas of duplication.
SEC. 2223. IMPROVING PUBLIC HEALTH EMERGENCY RESPONSE
CAPACITY.
(a) Certain Appointments to Support Public Health Emergency
Responses.--Section 319 of the Public Health Service Act (42
U.S.C. 247d) is amended by adding at the end the following:
``(g) Certain Appointments to Support Public Health
Emergency Responses.--
``(1) In general.--In order to support the initial response
to a public health emergency declared by the Secretary under
this section, the Secretary may, subject to paragraph (2) and
without regard to sections 3309 through 3318 of title 5,
United States Code, appoint individuals directly to positions
in the Department of Health and Human Services for which the
Secretary has provided public notice in order to--
``(A) address a critical hiring need directly related to
responding to a public health emergency declared by the
Secretary under this section; or
``(B) address a severe shortage of candidates that impacts
the operational capacity of the Department of Health and
Human Services to respond in the event of a public health
emergency declared by the Secretary under this section.
``(2) Number of appointments.--Each fiscal year in which
the Secretary makes a determination of a public health
emergency under subsection (a) (not including a renewal), the
Secretary may directly appoint not more than--
``(A) 400 individuals under paragraph (1)(A); and
``(B) 100 individuals under paragraph (1)(B).
``(3) Compensation.--The annual rate of basic pay of an
individual appointed under this subsection shall be
determined in accordance with chapter 51 and subchapter III
of chapter 53 of title 5, United States Code.
``(4) Reporting.--The Secretary shall establish and
maintain records regarding the use of the authority under
this subsection, including--
``(A) the number of positions filled through such
authority;
``(B) the types of appointments of such positions;
``(C) the titles, occupational series, and grades of such
positions;
``(D) the number of positions publicly noticed to be filled
under such authority;
``(E) the number of qualified applicants who apply for such
positions;
``(F) the qualification criteria for such positions; and
``(G) the demographic information of individuals appointed
to such positions.
``(5) Notification to congress.--In the event the
Secretary, within a single fiscal year, directly appoints
more than 50 percent of the individuals allowable under
either subparagraph (A) or (B) of paragraph (2), the
Secretary shall, not later than 15 days after the date of
such action, notify the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives. Such
notification shall, in a manner that protects personal
privacy, to the extent required by applicable Federal and
State privacy law, at a minimum, include--
``(A) information on each such appointment within such
fiscal year;
``(B) a description of how each such position relates to
the requirements of subparagraph (A) or (B) of paragraph (1);
and
``(C) the additional number of personnel, if any, the
Secretary anticipates to be necessary to adequately support a
response to a public health emergency declared under this
section using the authorities described in paragraph (1)
within such fiscal year.
``(6) Reports to congress.--Not later than September 30,
2023, and annually thereafter for each fiscal year in which
the authority under this subsection is used, the Secretary
shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the total number of appointments filled under this subsection
within the fiscal year and a description of how the positions
relate to the requirements of subparagraph (A) or (B) of
paragraph (1).
``(7) Sunset.--The authority under this subsection shall
expire on September 30, 2028.''.
(b) GAO Report.--Not later than 1 year after the issuance
of the initial report under subsection (g)(6) of section 319
of the Public Health Service Act (42 U.S.C. 247d), as added
by subsection (a), and again 180 days after the date on which
the authority provided under section 319(g) of such Act
expires pursuant to paragraph (7) of such section, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the use of the authority
provided under such section. Such report shall, in a manner
that protects personal privacy, at a minimum, include
information on--
(1) the number of positions publicly noticed and filled
under the authority of each of subparagraphs (A) and (B) of
such section 319(g)(1);
(2) the occupational series, grades, and types of
appointments of such positions;
(3) how such positions related to addressing a need or
shortage described in subparagraph (A) or (B) of such
section;
(4) how the Secretary of Health and Human Services made
appointment decisions under each of subparagraphs (A) and (B)
of such section;
(5) sources used to identify candidates for filling such
positions;
(6) the number of individuals appointed under each such
subparagraph;
(7) aggregated demographic information related to
individuals appointed under each such subparagraph; and
(8) any challenges, limitations, or gaps related to the use
of the authority under each such subparagraph and any related
recommendations to address such challenges, limitations, or
gaps.
[[Page H10419]]
SEC. 2224. INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED
HEALTH PROFESSIONS.
Section 755(b) of the Public Health Service Act (42 U.S.C.
294e(b)) is amended by adding at the end the following:
``(4) Increasing educational opportunities in physical
therapy, occupational therapy, respiratory therapy,
audiology, and speech-language pathology professions, which
may include offering scholarships or stipends and carrying
out other activities to improve retention, for individuals
from disadvantaged backgrounds or individuals who are
underrepresented in such professions.''.
SEC. 2225. PUBLIC HEALTH SERVICE CORPS ANNUAL AND SICK LEAVE.
(a) In General.--Section 219 of the Public Health Service
Act (42 U.S.C. 210-1) is amended--
(1) in subsection (a)--
(A) by striking ``Reserve Corps'' and inserting ``Ready
Reserve Corps''; and
(B) by striking ``: Provided, That such regulations shall
not authorize annual leave to be accumulated in excess of
sixty days'';
(2) by inserting after subsection (a) the following:
``(b) The regulations described in subsection (a) may
authorize accumulated annual leave of not more than 120 days
for any commissioned officer of the Regular Corps or officer
of the Ready Reserve Corps on active duty.''; and
(3) by redesignating subsection (d) as subsection (c).
(b) Application.--The amendments made by subsection (a)
shall apply with respect to accumulated annual leave (as
defined in section 219 of the Public Health Service Act (42
U.S.C. 210-1)) that a commissioned officer of the Regular
Corps or officer of the Ready Reserve Corps on active duty
would, but for the regulations described in such section,
lose at the end of fiscal year 2022 or a subsequent fiscal
year.
SEC. 2226. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND
MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Title XXVIII of the Public Health Service Act (42 U.S.C.
300hh et seq.), as amended by section 2214, is further
amended by adding at the end the following:
``SEC. 2826. LEADERSHIP EXCHANGE PILOT FOR PUBLIC HEALTH AND
MEDICAL PREPAREDNESS AND RESPONSE POSITIONS AT
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
``(a) In General.--The Secretary may, not later than 1 year
after the date of enactment of the PREVENT Pandemics Act,
establish a voluntary program to provide additional training
to individuals in eligible positions, as described in
subsection (c), to support the continuous professional
development of such individuals.
``(b) Criteria.--
``(1) Duration.--The program under subsection (a) shall
provide for fellowships, details, or other relevant
placements with Federal agencies or departments, or State or
local health departments, pursuant to the guidance issued
under paragraph (2), for a maximum period of 2 years.
``(2) Guidance.--The Secretary shall issue guidance
establishing criteria for identifying placements that
demonstrate ongoing sufficient mastery of knowledge, skills,
and abilities to satisfy the field experience criteria under
the program established under subsection (a), including
assignments and experiences that develop public health and
medical preparedness and response expertise.
``(c) Eligible Position.--For purposes of subsection (a),
the term `eligible position' means any position at the
Department of Health and Human Services at or above grade GS-
13 of the General Schedule, or the equivalent, for which not
less than 50 percent of the time of such position is spent on
activities related to public health preparedness or response.
``(d) Pilot Period and Final Report.--The pilot program
authorized under this section shall not exceed 5 years. Not
later than 90 days after the end of the program, the
Secretary shall issue a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives that includes--
``(1) the number of individuals who participated in such
pilot, as applicable;
``(2) a description of the professional growth experience
in which individuals participated; and
``(3) an assessment of the outcomes of such program,
including a recommendation on whether such program should be
continued.''.
SEC. 2227. CONTINUING EDUCATIONAL SUPPORT FOR HEALTH
PROFESSIONALS SERVING IN RURAL AND UNDERSERVED
COMMUNITIES.
Section 752 of the Public Health Service Act (42 U.S.C.
294b) is amended--
(1) in the section heading, by inserting ``rural and''
after ``serving in'';
(2) in subsection (a)--
(A) by striking ``shall make grants to, and enter into
contracts with, eligible entities'' and inserting ``, as
appropriate, shall make grants to, and enter into contracts
with, eligible entities to support access to accredited
continuing medical education for primary care physicians and
health care providers at community health centers or rural
health clinics to improve and increase access to care for
patients in rural and medically underserved areas. Such
grants or contracts may be used'';
(B) by striking ``faculty members'' and inserting ``health
care providers''; and
(C) by inserting ``increase primary care physician and
health care provider knowledge,'' after ``practice
environment,'';
(3) in subsection (b), by inserting ``, such as a community
health center or rural health clinic'' before the period;
(4) in subsection (c), by striking ``by require.'' and
inserting the following: ``may require, including--
``(1) a description of how participation in activities
funded under this section will help improve access to, and
quality of, health care services and training needs of
primary care physicians and health care providers; and
``(2) a plan for providing peer-to-peer training, as
appropriate.'';
(5) by amending subsection (d) to read as follows:
``(d) Use of Funds.--
``(1) In general.--An eligible entity shall use amounts
awarded under a grant or contract under this section to
provide innovative supportive activities to enhance education
for primary care physicians and health care providers
described in subsection (a) through distance learning,
continuing educational activities, collaborative conferences,
and electronic and telelearning activities, with priority for
primary care providers who are seeking additional education
in specialty fields such as infectious disease,
endocrinology, pediatrics, mental health and substance use
disorders, pain management, geriatrics, and other areas, as
appropriate, in order to--
``(A) improve retention of primary care physicians and
health care providers and increase access to specialty health
care services for patients; and
``(B) support access to the integration of specialty care
through existing service delivery locations and care across
settings.
``(2) Clarification.--Entities may use amounts awarded
under a grant or contract under this section for continuing
educational activities that include a clinical training
component, including in-person patient care, in the
respective community health center or rural health clinic,
with the primary care physician or health care provider at
such site and the clinical specialist from whom such
additional training is being provided.'';
(6) by redesignating subsection (e) as subsection (g);
(7) by inserting after subsection (d) the following:
``(e) Administrative Expenses.--An entity that revives a
grant or contract under this section shall use not more than
5 percent of the amounts received under the grant or contract
under this section for administrative expenses.
``(f) Non-duplication of Effort.--The Secretary shall
ensure that activities under this section do not
unnecessarily duplicate efforts of other programs overseen by
the Health Resources and Services Administration, including
activities described in section 330N.''; and
(8) in subsection (g), as so redesignated, by striking
``the fiscal years 2010 through 2014, and such sums as may be
necessary for each subsequent fiscal year'' and inserting
``fiscal years 2023 through 2025''.
CHAPTER 4--ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE
SEC. 2231. CENTERS FOR PUBLIC HEALTH PREPAREDNESS AND
RESPONSE.
(a) In General.--Section 319F of the Public Health Service
Act (42 U.S.C. 247d-6) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Centers for Public Health Preparedness and
Response.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
may award grants, contracts, or cooperative agreements to
institutions of higher education, including accredited
schools of public health, or other nonprofit private entities
to establish or maintain a network of Centers for Public
Health Preparedness and Response (referred to in this
subsection as `Centers').
``(2) Eligibility.--To be eligible to receive an award
under this subsection, an entity shall submit to the
Secretary an application containing such information as the
Secretary may require, including a description of how the
entity will--
``(A) coordinate relevant activities with applicable State,
local, and Tribal health departments and officials, health
care facilities, and health care coalitions to improve public
health preparedness and response, as informed by the public
health preparedness and response needs of the community, or
communities, involved;
``(B) prioritize efforts to implement evidence-informed or
evidence-based practices to improve public health
preparedness and response, including by helping to reduce the
transmission of emerging infectious diseases; and
``(C) use funds awarded under this subsection, including by
carrying out any activities described in paragraph (3).
``(3) Use of funds.--The Centers established or maintained
under this subsection shall use funds awarded under this
subsection to carry out activities to advance public health
preparedness and response capabilities, which may include--
``(A) identifying, translating, and disseminating promising
research findings or strategies into evidence-informed or
evidence-based practices to inform preparedness for, and
responses to, chemical, biological, radiological, or nuclear
threats, including emerging infectious diseases, and other
public health emergencies, which may include conducting
research related to public health preparedness and response
systems;
``(B) improving awareness of such evidence-informed or
evidence-based practices and other relevant scientific or
public health information among health care professionals,
public health professionals, other stakeholders, and the
public, including through the development, evaluation, and
dissemination of trainings and training materials, consistent
with section 2802(b)(2),
[[Page H10420]]
as applicable and appropriate, and with consideration given
to existing training materials, to support preparedness for,
and responses to, such threats;
``(C) utilizing and expanding relevant technological and
analytical capabilities to inform public health and medical
preparedness and response efforts;
``(D) expanding activities, including through public-
private partnerships, related to public health preparedness
and response, including participation in drills and exercises
and training public health experts, as appropriate; and
``(E) providing technical assistance and expertise that
relies on evidence-based practices, as applicable, related to
responses to public health emergencies, as appropriate, to
State, local, and Tribal health departments and other
entities pursuant to paragraph (2)(A).
``(4) Distribution of awards.--In awarding grants,
contracts, or cooperative agreements under this subsection,
the Secretary shall support not fewer than 10 Centers,
subject to the availability of appropriations, and ensure
that such awards are equitably distributed among the
geographical regions of the United States.''; and
(2) in subsection (f)(1)(C), by striking ``, of which
$5,000,000 shall be used to carry out paragraphs (3) through
(5) of such subsection''.
(b) Repeal.--Section 319G of the Public Health Service Act
(42 U.S.C. 247d-7) is repealed.
SEC. 2232. VACCINE DISTRIBUTION PLANS.
Section 319A of the Public Health Service Act (42 U.S.C.
247d-1) is amended--
(1) in subsection (a)--
(A) by inserting ``, or other federally purchased vaccine
to address another pandemic'' before the period at the end of
the first sentence; and
(B) by inserting ``or other pandemic'' before the period at
the end of the second sentence; and
(2) in subsection (d), by inserting ``or other pandemics''
after ``influenza pandemics''.
SEC. 2233. COORDINATION AND COLLABORATION REGARDING BLOOD
SUPPLY.
The Secretary of Health and Human Services, or the
Secretary's designee, shall--
(1) ensure coordination and collaboration between relevant
Federal departments and agencies related to the safety and
availability of the blood supply, including--
(A) the Department of Health and Human Services, including
the Office of the Assistant Secretary for Health, the Centers
for Disease Control and Prevention, the Food and Drug
Administration, the Office of the Assistant Secretary for
Preparedness and Response, the National Institutes of Health,
the Centers for Medicare & Medicaid Services, and the Health
Resources and Services Administration;
(B) the Department of Defense; and
(C) the Department of Veterans Affairs; and
(2) consult and communicate with private stakeholders,
including blood collection establishments, health care
providers, accreditation organizations, researchers, and
patients, regarding issues related to the safety and
availability of the blood supply.
SEC. 2234. SUPPORTING LABORATORY CAPACITY AND INTERNATIONAL
COLLABORATION TO ADDRESS ANTIMICROBIAL
RESISTANCE.
Section 319E of the Public Health Service Act (42 U.S.C.
247d-5) is amended--
(1) by redesignating subsections (k), (l), and (m) as
subsections (m), (n), and (o), respectively; and
(2) by inserting after subsection (j), the following:
``(k) Network of Antibiotic Resistance Regional
Laboratories.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall, as appropriate, maintain a network of antibiotic
resistance laboratory sites to ensure the maintenance of
appropriate capabilities, within existing laboratory capacity
maintained or supported by the Centers for Disease Control
and Prevention, to--
``(A) identify and monitor the emergence and changes in the
patterns of antimicrobial-resistant pathogens;
``(B) detect, identify, confirm, and isolate such resistant
pathogens, including, as appropriate, performing such
activities upon the request of another laboratory and
providing related technical assistance, and, as applicable,
support efforts to respond to local or regional outbreaks of
such resistant pathogens; and
``(C) perform activities to support the diagnosis of such
resistant pathogens and determine the susceptibility of
relevant pathogen samples to applicable treatments.
``(2) Geographic distribution.--The Secretary shall ensure
that such capacity and capabilities are appropriately
distributed among the geographical regions of the United
States.
``(3) Partnerships and nonduplication of current domestic
capacity.--Activities supported under this subsection may be
based in an academic center, a State health department, or
other facility operated by a public or private entity that
carries out relevant laboratory or public health surveillance
activities.
``(l) International Collaboration.--
``(1) In general.--The Secretary, in coordination with
heads of other relevant Federal departments and agencies,
shall support activities related to addressing antimicrobial
resistance internationally, including by--
``(A) supporting basic, translational, epidemiological, and
clinical research related to antimicrobial-resistant
pathogens, including such pathogens that have not yet been
detected in the United States, and improving related public
health surveillance systems, and laboratory and other
response capacity; and
``(B) providing technical assistance related to
antimicrobial resistant infection and control activities.
``(2) Awards.--In carrying out paragraph (1), the Secretary
may award grants, contracts, or cooperative agreements to
public and private entities, including nongovernmental
organizations, with applicable expertise, for purposes of
supporting new and innovative approaches to the prevention,
detection, and mitigation of antimicrobial-resistant
pathogens.''.
SEC. 2235. ONE HEALTH FRAMEWORK.
(a) One Health Framework.--The Secretary of Health and
Human Services (referred to in this section as the
``Secretary''), acting through the Director of the Centers
for Disease Control and Prevention, shall develop, or update
as appropriate, in coordination with other Federal
departments and agencies, as appropriate, a One Health
framework to address zoonotic diseases and advance public
health preparedness.
(b) One Health Coordination.--The Secretary, acting through
the Director of the Centers for Disease Control and
Prevention, shall coordinate with the Secretary of
Agriculture and the Secretary of the Interior to develop a
One Health coordination mechanism at the Federal level to
strengthen One Health collaboration related to prevention,
detection, control, and response for zoonotic diseases and
related One Health work across the Federal Government.
(c) Reporting.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report providing an update on the
activities under subsections (a) and (b).
SEC. 2236. SUPPORTING CHILDREN DURING PUBLIC HEALTH
EMERGENCIES.
Section 2811A of the Public Health Service Act (42 U.S.C.
300hh-10b) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``and behavioral'' and inserting ``,
behavioral, developmental''; and
(ii) by striking ``; and'' and inserting a semicolon;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) provide advice and consultation with respect to
continuity of care and education for all children and
supporting parents and caregivers during all-hazards
emergencies.'';
(2) in subsection (d)(2)--
(A) in subparagraph (C), by striking ``care; and'' and
inserting ``care;'';
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
``(D) at least 4 non-Federal members representing child
care settings, State or local educational agencies,
individuals with expertise in children with disabilities, and
parents; and''; and
(D) in subparagraph (E), as so redesignated--
(i) by striking clause (ii); and
(ii) by redesignating clauses (iii) and (iv) as clauses
(ii) and (iii), respectively.
Subtitle C--Accelerating Research and Countermeasure Discovery
CHAPTER 1--FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING
COORDINATION
SEC. 2301. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC
CONCERN.
Subpart 6 of part C of title IV of the Public Health
Service Act is amended by inserting after section 447C (42
U.S.C. 285f-4) the following:
``SEC. 447D. RESEARCH CENTERS FOR PATHOGENS OF PANDEMIC
CONCERN.
``(a) In General.--The Director of the Institute, in
collaboration, as appropriate, with the directors of
applicable institutes, centers, and divisions of the National
Institutes of Health, the Assistant Secretary for
Preparedness and Response, and the Director of the Biomedical
Advanced Research and Development Authority, shall establish
or continue a multidisciplinary research program to advance
the discovery and preclinical development of medical products
for priority virus families and other viral pathogens with a
significant potential to cause a pandemic, through support
for research centers.
``(b) Uses of Funds.--The Director of the Institute shall
award funding through grants, contracts, or cooperative
agreements to public or private entities to provide support
for research centers described in subsection (a) for the
purpose of--
``(1) conducting basic research through preclinical
development of new medical products or technologies,
including platform technologies, to address pathogens of
pandemic concern;
``(2) identifying potential targets for therapeutic
candidates, including antivirals, to treat such pathogens;
``(3) identifying existing medical products with the
potential to address such pathogens, including candidates
that could be used in outpatient settings; and
``(4) carrying out or supporting other research related to
medical products to address such pathogens, as determined
appropriate by the Director.
``(c) Coordination.--The Director of the Institute shall,
as appropriate, provide for the coordination of activities
among the centers described in subsection (a), including
through--
``(1) facilitating the exchange of information and regular
communication among the centers, as appropriate; and
``(2) requiring the periodic preparation and submission to
the Director of reports on the activities of each center.
``(d) Priority.--In awarding funding through grants,
contracts, or cooperative agreements
[[Page H10421]]
under subsection (a), the Director of the Institute shall, as
appropriate, give priority to applicants with existing
frameworks and partnerships, as applicable, to support the
advancement of such research.
``(e) Collaboration.--The Director of the Institute shall--
``(1) collaborate with the heads of other appropriate
Federal departments, agencies, and offices with respect to
the identification of additional priority virus families and
other viral pathogens with a significant potential to cause a
pandemic; and
``(2) collaborate with the Director of the Biomedical
Advanced Research and Development Authority with respect to
the research conducted by centers described in subsection
(a), including, as appropriate, providing any updates on the
research advancements made by such centers, identifying any
advanced research and development needs for such
countermeasures, consistent with section 319L(a)(6), and
taking into consideration existing manufacturing capacity and
future capacity needs for such medical products or
technologies, including platform technologies, supported by
the centers described in subsection (a).
``(f) Supplement, Not Supplant.--Any support received by a
center described in subsection (a) under this section shall
be used to supplement, and not supplant, other public or
private support for activities authorized to be supported.''.
SEC. 2302. IMPROVING MEDICAL COUNTERMEASURE RESEARCH
COORDINATION.
Section 402(b) in the Public Health Service Act (42 U.S.C.
282(b)) is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (25) the following:
``(26) shall consult with the Assistant Secretary for
Preparedness and Response, the Director of the Biomedical
Advanced Research and Development Authority, the Director of
the Centers for Disease Control and Prevention, and the heads
of other Federal agencies and offices, as appropriate,
regarding research needs to advance medical countermeasures
to diagnose, mitigate, prevent, or treat harm from any
biological agent or toxin, including emerging infectious
diseases, chemical, radiological, or nuclear agent that may
cause a public health emergency or other research needs
related to emerging public health threats;''.
SEC. 2303. ACCESSING SPECIMEN SAMPLES AND DIAGNOSTIC TESTS.
(a) Improving Research and Development of Medical
Countermeasures for Novel Pathogens.--
(1) Sample access.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall make publicly available policies and
procedures related to public and private entities accessing
specimens of, or specimens containing, pathogens or suitable
surrogates for, or alternatives to, such pathogens as the
Secretary determines appropriate to support public health
preparedness and response activities or biomedical research
for purposes of the development and validation, as
applicable, of medical products to address emerging
infectious diseases and for use to otherwise respond to
emerging infectious diseases. Such policies and procedures
shall take into account, as appropriate, any applicable
existing Federal resources.
(2) Guidance.--The Secretary shall issue guidance regarding
the procedures for carrying out paragraph (1), including--
(A) the method for requesting such samples;
(B) considerations for sample availability and use of
suitable surrogates or alternatives to such pathogens, as
appropriate, including applicable safeguard and security
measures; and
(C) information required to be provided in order to receive
such samples or suitable surrogates or alternatives.
(b) Earlier Development of Diagnostic Tests.--Title III of
the Public Health Service Act is amended by inserting after
section 319A (42 U.S.C. 247d-1) the following:
``SEC. 319B. EARLIER DEVELOPMENT OF DIAGNOSTIC TESTS.
``The Secretary may contract with public and private
entities, as appropriate, to increase capacity in the rapid
development, validation, manufacture, and dissemination of
diagnostic tests, as appropriate, to State, local, and Tribal
health departments and other appropriate entities for
immediate public health response activities to address an
emerging infectious disease with respect to which a public
health emergency is declared under section 319, or that has
significant potential to cause such a public health
emergency.''.
SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE STUDY ON NATURAL IMMUNITY IN RELATION
TO THE COVID-19 PANDEMIC.
(a) In General.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall seek to enter into a contract with the
National Academies of Sciences, Engineering, and Medicine
(referred to in this section as the ``National Academies'')
to conduct a study related to the current scientific evidence
on the durability of immunity to COVID-19.
(b) Inclusions.--The study pursuant to the contract under
subsection (a) shall include--
(1) an assessment of scientific evidence related to the
durability of immunity resulting from SARS-CoV-2 infection,
COVID-19 vaccination, or both, including any differences
between population groups;
(2) an assessment of the extent to which the Federal
Government makes publicly available the scientific evidence
used by relevant Federal departments and agencies to inform
public health recommendations related to immunity resulting
from SARS-CoV-2 infection and COVID-19 vaccination; and
(3) a summary of scientific studies and evidence related to
SARS-CoV-2 infection-acquired immunity from a sample of other
countries or multilateral organizations.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall submit to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the study pursuant to
subsection (a).
CHAPTER 2--IMPROVING BIOSAFETY AND BIOSECURITY
SEC. 2311. IMPROVING CONTROL AND OVERSIGHT OF SELECT
BIOLOGICAL AGENTS AND TOXINS.
Section 351A of the Public Health Service Act (42 U.S.C.
262a) is amended--
(1) in subsection (b)(1), by amending subparagraph (A) to
read as follows:
``(A) proper training, including with respect to
notification requirements under this section, of--
``(i) individuals who are involved in the handling and use
of such agents and toxins, including appropriate skills to
handle such agents and toxins;
``(ii) individuals whose responsibilities routinely place
them in close proximity to laboratory facilities in which
such agents and toxins are being transferred, possessed, or
used; and
``(iii) individuals who perform administrative or oversight
functions of the facility related to the transfer,
possession, or use of such agents and toxins on behalf of
registered persons;'';
(2) in subsection (e)(1), by striking ``(including the risk
of use in domestic or international terrorism)'' and
inserting ``(including risks posed by the release, theft, or
loss of such agent or toxin, or use in domestic or
international terrorism)'';
(3) in subsection (k)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Notification with respect to federal facilities.--In
the event of the release, loss, or theft of an agent or toxin
listed by the Secretary pursuant to subsection (a)(1), or by
the Secretary of Agriculture pursuant to section 212(a)(1) of
the Agricultural Bioterrorism Protection Act of 2002, from or
within a laboratory facility owned or operated by the
Department of Health and Human Services, or other Federal
laboratory facility subject to the requirements of this
section, the Secretary, in a manner that does not compromise
national security, shall--
``(A) not later than 72 hours after such event is reported
to the Secretary, notify the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives of such event,
including--
``(i) the Federal laboratory facility in which such
release, loss, or theft occurred; and
``(ii) the circumstances of such release, loss, or theft;
and
``(B) not later than 14 days after such notification,
update such Committees on--
``(i) any actions taken or planned by the Secretary to
mitigate any potential threat such release, loss, or theft
may pose to public health and safety; and
``(ii) any actions taken or planned by the Secretary to
review the circumstances of such release, loss, or theft, and
prevent similar events.''; and
(C) by amending paragraph (2), as so redesignated, to read
as follows:
``(2) Annual report.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives on an annual basis a report--
``(A) summarizing the number and nature of notifications
received under subsection (e)(8) (relating to theft or loss)
and subsection (j) (relating to releases), during the
preceding fiscal year;
``(B) describing actions taken by the Secretary to address
such incidents, such as any corrective action plans required
and steps taken to promote adherence to, and compliance with,
safety and security best practices, standards, and
regulations; and
``(C) describing any gaps, challenges, or limitations with
respect to ensuring that such safety and security practices
are consistently applied and adhered to, and actions taken to
address such gaps, challenges, or limitations.''; and
(4) in subsection (m), by striking ``fiscal years 2002
through 2007'' and inserting ``fiscal years 2023 through
2027''.
SEC. 2312. STRATEGY FOR FEDERAL HIGH-CONTAINMENT
LABORATORIES.
(a) Strategy for Federal High-containment Laboratories.--
Not later than 1 year after the date of enactment of this
Act, the Director of the Office of Science and Technology
Policy, in consultation with relevant Federal departments and
agencies, shall establish a strategy for the management,
maintenance, and oversight of federally-owned laboratory
facilities operating at Biosafety Level 3 or 4, including
equivalent classification levels and facilities with
Biosafety Level 4 capabilities. Such strategy shall include--
(1) a description of the roles and responsibilities of
relevant Federal departments and agencies with respect to the
management, maintenance, and oversight of Biosafety Level 3
or 4 laboratory facilities;
(2) an assessment of the needs of the Federal Government
with respect to Biosafety Level 3 or 4 laboratory facilities;
[[Page H10422]]
(3) a summary of existing federally-owned Biosafety Level 3
or 4 laboratory facility capacity;
(4) a summary of other Biosafety Level 3 or 4 laboratory
facility capacity established through Federal funds;
(5) a description of how the capacity described in
paragraphs (3) and (4) addresses the needs of the Federal
Government, including--
(A) how relevant Federal departments and agencies
coordinate to provide access to appropriate laboratory
facilities to reduce unnecessary duplication; and
(B) any gaps in such capacity related to such needs;
(6) a summary of plans that are in place for the
maintenance of such capacity within each relevant Federal
department or agency, as applicable and appropriate,
including processes for determining whether to maintain or
expand such capacity, and a description of how the Federal
Government will address rapid changes in the need for such
capacity within each relevant Federal department or agency
during a public health emergency; and
(7) a description of how the heads of relevant Federal
departments and agencies will coordinate to ensure
appropriate oversight of federally-owned laboratory facility
capacity and leverage such capacity within each relevant
Federal department, as appropriate, to fulfill the needs of
each Federal department and agency in order to reduce
unnecessary duplication and improve collaboration within the
Federal Government.
(b) Clarification.--The strategy under subsection (a) shall
not be construed to supersede the authorities of each
relevant Federal department or agency with respect to the
management, maintenance, and oversight of the Federally-owned
laboratory facilities operated by any such Federal department
or agency.
SEC. 2313. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
(a) In General.--Part A of title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended by adding at
the end the following:
``SEC. 404O. NATIONAL SCIENCE ADVISORY BOARD FOR BIOSECURITY.
``(a) Establishment.--The Secretary, acting through the
Director of NIH, shall establish an advisory committee, to be
known as the `National Science Advisory Board for
Biosecurity' (referred to in this section as the `Board').
``(b) Duties.--
``(1) In general.--The National Science Advisory Board for
Biosecurity referred to in section 205 of the Pandemic and
All-Hazards Preparedness Act (Public Law 109-417) (referred
to in this section as the `Board') shall provide technical
advice, guidance, or recommendations, to relevant Federal
departments and agencies related to biosafety and biosecurity
oversight of biomedical research, including--
``(A) oversight of federally-conducted or federally-
supported dual use biomedical research, such as the review of
policies or frameworks used to assess and appropriately
manage safety and security risks associated with such
research, taking into consideration national security
concerns, the potential benefits of such research,
considerations related to the research community,
transparency, and public availability of information, and
international research collaboration; and
``(B) continuing to carry out the activities required under
section 205 of the Pandemic and All-Hazards Preparedness Act
(Public Law 109-417).
``(c) Considerations.--In carrying out the duties under
subsection (b), the Board may consider strategies to improve
the safety and security of biomedical research, including
through--
``(1) leveraging or using new technologies and scientific
advancements to reduce safety and security risks associated
with such research and improve containment of pathogens; and
``(2) outreach to, and education and training of,
researchers, laboratory personnel, and other appropriate
individuals with respect to safety and security risks
associated with such research and mitigation of such risks.
``(d) Membership.--The Board shall be composed of the
following:
``(1) Non-voting, ex officio members, including the
following:
``(A) At least one representative of each of the following:
``(i) The Department of Health and Human Services.
``(ii) The Department of Defense.
``(iii) The Department of Agriculture.
``(iv) The Department of Homeland Security.
``(v) The Department of Energy.
``(vi) The Department of State.
``(vii) The Office of Science and Technology Policy.
``(viii) The Office of the Director of National
Intelligence.
``(B) Representatives of such other Federal departments or
agencies as the Secretary determines appropriate to carry out
the requirements of this section.
``(2) Individuals, appointed by the Secretary, with
expertise in biology, infectious diseases, public health,
ethics, national security, and other fields, as the Secretary
determines appropriate, who shall serve as voting members.''.
(b) Orderly Transition.--The Secretary of Health and Human
Services shall take such steps as are necessary to provide
for the orderly transition to the authority of the National
Science Advisory Board for Biosecurity established under
section 404O of the Public Health Service Act, as added by
subsection (a), from any authority of the Board described in
section 205 of the Pandemic and All-Hazards Preparedness Act
(Public Law 109-417), as in effect on the day before the date
of enactment of this Act.
(c) Application.--The requirements under section 404O of
the Public Health Service Act, as added by subsection (a),
related to the mission, activities, or functions of the
National Science Advisory Board for Biosecurity shall not
apply until the completion of any work undertaken by such
Board before the date of enactment of this Act.
SEC. 2314. RESEARCH TO IMPROVE BIOSAFETY.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, as
appropriate, conduct or support research to improve the safe
conduct of biomedical research activities involving pathogens
of pandemic potential or biological agents or toxins listed
pursuant to section 351A(a)(1) of the Public Health Service
Act (42 U.S.C. 262a(a)(1)).
(b) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall prepare and submit
a report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives regarding an
overview of any research conducted or supported under this
section, any relevant findings, and steps the Secretary is
taking to disseminate any such findings to support the
reduction of risks associated with biomedical research
involving pathogens of pandemic potential or biological
agents or toxins listed pursuant to section 351A(a)(1) of the
Public Health Service Act (42 U.S.C. 262a(a)(1)).
SEC. 2315. FEDERALLY-FUNDED RESEARCH WITH ENHANCED PATHOGENS
OF PANDEMIC POTENTIAL.
(a) Review and Oversight of Enhanced Pathogens of Pandemic
Potential.--
(1) In general.--The Director of the Office of Science and
Technology Policy (referred to in this section as the
``Director''), in consultation with the heads of relevant
Federal departments and agencies, shall--
(A) not later than 1 year after the date of enactment of
this Act--
(i) continue or conduct a review of existing Federal
policies related to research proposed for Federal funding
that may be reasonably anticipated to involve the creation,
transfer, or use of enhanced pathogens of pandemic potential;
and
(ii) establish or update a Federal policy for the
consistent review and oversight of such proposed research
that appropriately considers the risks associated with, and
potential benefits of, such research; and
(B) not less than every 4 years thereafter, review and
update such policy, as necessary and appropriate, to ensure
that such policy fully accounts for relevant research that
may be reasonably anticipated to involve the creation,
transfer, or use of enhanced pathogens of pandemic potential,
takes into consideration the benefits of such research, and
supports the mitigation of related risks.
(2) Requirements.--The policy established pursuant to
paragraph (1) shall include--
(A) a clear scope to support the consistent identification
of research proposals subject to such policy by relevant
Federal departments and agencies;
(B) a framework for such reviews that accounts for safety,
security, and ethical considerations related to the creation,
transfer, or use of enhanced pathogens of pandemic potential;
(C) measures to enhance the transparency and public
availability of information related to such research
activities in a manner that does not compromise national
security, the safety and security of such research
activities, or any identifiable, sensitive information of
relevant individuals; and
(D) consistent procedures across relevant Federal
department and agencies to ensure that--
(i) proposed research that has been determined to have
scientific and technical merit and may be subject to such
policy is identified and referred for review;
(ii) subjected research activities conducted under an
award, including activities undertaken by any subrecipients
of such award, are monitored regularly throughout the project
period to ensure compliance with such policy and the terms
and conditions of such award; and
(iii) in the event that federally-funded research
activities not subject to such policy produce unanticipated
results related to the creation, transfer, or use of enhanced
pathogens of pandemic potential, such research activities are
identified and appropriately reviewed under such policy.
(3) Clarification.--Reviews required pursuant to this
section shall be in addition to any applicable requirements
for research project applications required under the Public
Health Service Act, including reviews required under section
492 of such Act (42 U.S.C. 289a), as applicable, or other
applicable laws.
(b) Implementation.--
(1) In general.--The Director shall direct all heads of
relevant Federal departments and agencies to update,
modernize, or promulgate applicable implementing guidance to
implement the requirements of this section.
(2) Updates.--Consistent with the requirements under
subsection (a)(1)(B), the Director shall require all heads of
relevant Federal departments and agencies to update such
policies consistent with any changes to the policy
established pursuant to subsection (a)(1).
(c) Limitations on Countries of Concern Conducting Certain
Research.--
(1) In general.--Beginning not later than 60 days after the
date of the enactment of this Act, the Secretary of Health
and Human Services shall not fund research conducted by a
foreign entity at a facility located in a country of concern,
in the estimation of the Director of National Intelligence or
the head of another relevant Federal department or agency, as
appropriate, in consultation with the Secretary of Health and
Human Services, involving pathogens of pandemic potential or
biological agents or toxins listed pursuant to section
351A(a)(1) of
[[Page H10423]]
the Public Health Service Act (42 U.S.C. 262a(a)(1)).
(2) Conditions for lifting or suspending prohibition.--The
Secretary of Health and Human Services may lift or suspend
the prohibition of funding under paragraph (1)--
(A) only after the review required under subsection
(a)(1)(A)(i) is complete; and
(B) only if the Secretary notifies Congress not less than
15 days before such prohibition is lifted or suspended.
CHAPTER 3--PREVENTING UNDUE FOREIGN INFLUENCE IN BIOMEDICAL RESEARCH
SEC. 2321. FOREIGN TALENT RECRUITMENT PROGRAMS.
(a) Intramural Research.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this chapter as the ``Secretary'')
shall prohibit personnel of the National Institutes of Health
engaged in intramural research from participation in foreign
talent recruitment programs.
(2) Exemption.--Paragraph (1) shall not apply to
participation in international conferences or other
international exchanges, partnerships, or programs, for which
such participation has been approved by the National
Institutes of Health. In such circumstances, the National
Institutes of Health shall ensure appropriate training is
provided to the participant on how to respond to overtures
from individuals associated with foreign talent recruitment
programs.
(b) Extramural Research.--The Secretary shall require
disclosure of participation in foreign talent recruitment
programs, including the provision of copies of all grants,
contracts, or other agreements related to such programs, and
other supporting documentation related to such programs, as a
condition of receipt of Federal extramural biomedical
research funding awarded through the Department of Health and
Human Services.
(c) Consistency.--The Secretary shall ensure that the
policies developed, updated, or issued pursuant to
subsections (a) and (b) are, to the greatest extent
practicable, consistent with the requirements of subtitle D
of title VI of division B of Public Law 117-167 (42 U.S.C.
19231 et seq.) related to foreign talent recruitment
programs.
SEC. 2322. SECURING IDENTIFIABLE, SENSITIVE INFORMATION AND
ADDRESSING OTHER NATIONAL SECURITY RISKS
RELATED TO RESEARCH.
(a) In General.--The Secretary of Health and Human
Services, in consultation with the Director of National
Intelligence, the Secretary of State, the Secretary of
Defense, and other national security experts, as appropriate,
shall ensure that biomedical research conducted or supported
by the National Institutes of Health and other relevant
agencies and offices within the Department of Health and
Human Services is conducted or supported in a manner that
appropriately considers national security risks, including
national security implications related to research involving
the sequencing of human genomic information, and collection,
analysis, or storage of identifiable, sensitive information,
as defined in section 301(d)(4) of the Public Health Service
Act (42 U.S.C. 241(d)(4)), and the potential misuse of such
data. Not later than 2 years after the date of enactment of
this Act, the Secretary shall ensure that the National
Institutes of Health and other relevant agencies and offices
within the Department of Health and Human Services, in
consultation with the heads of agencies and national security
experts, including the Office of the National Security within
the Department of Health and Human Services--
(1) develop a comprehensive framework and policies for
assessing and managing such national security risks that
includes, or review and update, as appropriate, the current
(as of the date of review) such framework and policies to
include--
(A) criteria for how and when to conduct risk assessments
for projects that may have national security implications;
(B) security controls and training for researchers or
entities, including peer reviewers, that manage or have
access to such data that may present national security risks;
and
(C) methods to incorporate risk mitigation in the process
for funding such projects that may have national security
implications and monitor associated research activities
following issuance of an award, including changes in the
terms and conditions related to the use of such funds, as
appropriate;
(2) not later than 1 year after the framework and policies
are developed or reviewed and updated, as applicable, under
paragraph (1), develop and implement controls to ensure
that--
(A) researchers or entities involved in projects reviewed
under the framework and relevant policies, including such
projects that manage or have access to sensitive,
identifiable information, have complied with the requirements
of paragraph (1) and ongoing requirements with such
paragraph;
(B) consideration of funding for projects that may have
national security implications takes into account the extent
to which the country in which the proposed research will be
conducted or supported poses a risk to the integrity of the
United States biomedical research enterprise; and
(C) data access committees reviewing data access requests
for projects that may have national security risks, as
appropriate, include members with expertise in current and
emerging national security threats, in order to make
appropriate decisions, including related to access to such
identifiable, sensitive information; and
(3) not later than 2 years after the framework and relevant
policies are developed or reviewed and updated, as
applicable, under paragraph (1), update data access and
sharing policies related to human genomic data, as
applicable, based on current and emerging national security
threats.
(b) Congressional Briefing.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall
provide a briefing to the Committee on Health, Education,
Labor, and Pensions and the Select Committee on Intelligence
of the Senate and the Committee on Energy and Commerce and
the Permanent Select Committee on Intelligence of the House
of Representatives on the activities required under
subsection (a).
SEC. 2323. DUTIES OF THE DIRECTOR.
Section 402(b) in the Public Health Service Act (42 U.S.C.
282(b)), as amended by section 2302, is further amended by
inserting after paragraph (26) (as added by section 2302) the
following:
``(27) shall consult with the Director of the Office of
National Security within the Department of Health and Human
Services, the Assistant Secretary for Preparedness and
Response, the Director of National Intelligence, the Director
of the Federal Bureau of Investigation, and the heads of
other appropriate agencies on a regular basis, regarding
biomedical research conducted or supported by the National
Institutes of Health that may affect or be affected by
matters of national security;
``(28) shall ensure that recipients of awards from the
National Institutes of Health, and, as appropriate and
practicable, entities collaborating with such recipients,
have in place and are adhering to appropriate technology
practices and policies for the security of identifiable,
sensitive information, including information collected,
stored, managed, or analyzed by domestic and non-domestic
entities; and
``(29) shall ensure that recipients of awards from the
National Institutes of Health are in compliance with the
terms and conditions of such award, which may include
activities to support awareness of, and compliance with, such
terms and conditions by any subrecipients of the award.''.
SEC. 2324. PROTECTING AMERICA'S BIOMEDICAL RESEARCH
ENTERPRISE.
(a) In General.--The Secretary, in consultation with the
Assistant to the President for National Security Affairs, the
Director of National Intelligence, the Director of the
Federal Bureau of Investigation, and the heads of other
relevant departments and agencies, and in consultation with
research institutions and research advocacy organizations or
other relevant experts, as appropriate, shall--
(1) identify ways to improve the protection of intellectual
property and other proprietary information, as well as
identifiable, sensitive information of participants in
biomedical research and development, from national security
risks and other applicable threats, including the
identification of gaps in policies and procedures in such
areas related to biomedical research and development
supported by the Department of Health and Human Services, and
make recommendations to institutions of higher education or
other entities that have traditionally received Federal
funding for biomedical research to protect such information;
(2) identify or develop strategies to prevent, mitigate,
and address national security risks and threats in biomedical
research and development supported by the Federal Government,
including such threats associated with foreign talent
programs, by countries seeking to exploit United States
technology and other proprietary information as it relates to
such biomedical research and development, and make
recommendations for additional policies and procedures to
protect such information;
(3) identify national security risks and potential misuse
of proprietary information, and identifiable, sensitive
information of biomedical research participants and other
applicable risks, including with respect to peer review, and
make recommendations for additional policies and procedures
to protect such information;
(4) develop a framework to identify areas of biomedical
research and development supported by the Federal Government
that are emerging areas of interest for state actors and
would compromise national security if they were to be
subjected to undue foreign influence; and
(5) regularly review recommendations or policies developed
under this section and make additional recommendations or
updates, as appropriate.
(b) Report to President and to Congress.--Not later than 1
year after the date of enactment of this Act, the Secretary
shall prepare and submit, in a manner that does not
compromise national security, to the President and the
Committee on Health, Education, Labor, and Pensions and the
Select Committee on Intelligence of the Senate, the Committee
on Energy and Commerce and the Permanent Select Committee on
Intelligence of the House of Representatives, and other
congressional committees as appropriate, a report on the
findings and recommendations pursuant to subsection (a).
SEC. 2325. GAO STUDY.
(a) In General.--The Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall conduct a study to assess the extent to
which the Department of Health and Human Services (referred
to in this section as the ``Department'') utilizes or
provides funding to entities that utilize such funds for
human genomic sequencing services or genetic services (as
such term is defined in section 201(6) of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C.
2000ff(6))) provided by entities, or subsidiaries of such
entities, organized under the laws of a country or countries
of concern, in the estimation of the Director of National
Intelligence or the head of another Federal department or
agency, as appropriate.
[[Page H10424]]
(b) Considerations.--In carrying out the study under this
section, the Comptroller General shall--
(1) consider--
(A) the extent to which the country or countries of concern
could obtain human genomic information of citizens and
residents of the United States from such entities that
sequence, analyze, collect, or store human genomic
information and which the Director of National Intelligence
or the head of another Federal department or agency
reasonably anticipates may use such information in a manner
inconsistent with the national security interests of the
United States;
(B) whether the Department or recipient of such funds from
the Department sought to provide funding to, or to use,
domestic entities with no such ties to the country or
countries of concern for such purposes and any barriers to
the use of domestic entities; and
(C) whether data use agreements, data security measures,
and other such measures taken by the Department or recipient
of such funds from the Department are sufficient to protect
the identifiable, sensitive information of the people of the
United States and the national security interests of the
United States; and
(2) make recommendations to address any vulnerabilities to
the United States national security identified, as
appropriate.
(c) Estimation.--In conducting the study under this
section, the Comptroller General may, as appropriate and
necessary to complete such study, investigate specific
instances of such utilization of genetic sequencing services
or genetic services, as described in subsection (a), to
produce estimates of the potential prevalence of such
utilization among entities in receipt of Departmental funds.
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit a
report on the study under this section, in a manner that does
not compromise national security, to the Committee on Health,
Education, Labor, and Pensions and the Select Committee on
Intelligence of the Senate, and the Committee on Energy and
Commerce and the Permanent Select Committee on Intelligence
of the House of Representatives. The report shall be
submitted in unclassified form, to the extent practicable,
but may include a classified annex.
SEC. 2326. REPORT ON PROGRESS TO ADDRESS UNDUE FOREIGN
INFLUENCE.
Not later than 1 year after the date of enactment of this
Act and annually thereafter, the Secretary shall prepare and
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce in the House of Representatives, in a manner that
does not compromise national security, a report on actions
taken by the Secretary--
(1) to address cases of noncompliance with disclosure
requirements or research misconduct related to foreign
influence, including--
(A) the number of potential noncompliance cases
investigated by the National Institutes of Health or reported
to the National Institutes of Health by a research
institution, including relating to undisclosed research
support, undisclosed conflicts of interest or other conflicts
of commitment, and peer review violations;
(B) the number of cases referred to the Office of Inspector
General of the Department of Health and Human Services, the
Office of National Security of the Department of Health and
Human Services, the Federal Bureau of Investigation, or other
law enforcement agencies;
(C) a description of enforcement actions taken for
noncompliance related to undue foreign influence; and
(D) any other relevant information; and
(2) to prevent, address, and mitigate instances of
noncompliance with disclosure requirements or research
misconduct related to foreign influence.
CHAPTER 4--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH
SEC. 2331. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
(a) In General.--Title IV of the Public Health Service Act
is amended by adding at the end the following:
``PART J--ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
``SEC. 499A. ADVANCED RESEARCH PROJECTS AGENCY-HEALTH.
``(a) Establishment.--
``(1) In general.--There is established within the National
Institutes of Health the Advanced Research Projects Agency-
Health (referred to in this section as `ARPA-H'). Not later
than 180 days after the date of enactment of this section,
the Secretary shall transfer all functions, personnel,
missions, activities, authorities, and funds of the Advanced
Research Projects Agency for Health as in existence on the
date of enactment of this section, to ARPA-H established by
the preceding sentence.
``(2) Organization.--
``(A) In general.--There shall be within ARPA-H--
``(i) an Office of the Director;
``(ii) not more than 8 program offices; and
``(iii) such special project offices as the Director may
establish.
``(B) Requirement.--Not fewer than two-thirds of the
program offices of ARPA-H shall be exclusively dedicated to
supporting research and development activities, consistent
with the goals and functions described in subsection (b).
``(C) Notification.--The Director shall submit a
notification to the Committee on Health, Education, Labor,
and Pensions and the Committee on Appropriations of the
Senate and the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives
if the Director determines that additional program offices
are required to carry out this section.
``(3) Exemption from certain policies of nih.--
``(A) In general.--Except as otherwise provided for in this
section, and subject to subparagraph (B), in establishing
ARPA-H pursuant to paragraph (1), the Secretary may exempt
ARPA-H from policies and requirements of the National
Institutes of Health that are in effect on the day before the
date of enactment of this section as necessary and
appropriate to ensure ARPA-H can most effectively achieve the
goals described in subsection (b)(1).
``(B) Notice.--Not later than 90 days after the date of
enactment of this section, the Secretary shall publish a
notice in the Federal Register describing the specific
policies and requirements of the National Institutes of
Health from which the Secretary intends to exempt ARPA-H,
including a rationale for such exemptions.
``(b) Goals and Functions.--
``(1) Goals.--The goals of ARPA-H shall be to--
``(A) foster the development of novel, breakthrough, and
broadly applicable capabilities and technologies to
accelerate transformative innovation in biomedical science
and medicine in a manner that cannot be readily accomplished
through traditional Federal biomedical research and
development programs or commercial activity;
``(B) revolutionize the detection, diagnosis, mitigation,
prevention, treatment, and cure of diseases and health
conditions by overcoming long-term and significant
technological and scientific barriers to developing
transformative health technologies;
``(C) promote high-risk, high-reward innovation to enable
the advancement of transformative health technologies; and
``(D) contribute to ensuring the United States--
``(i) pursues initiatives that aim to maintain global
leadership in science and innovation; and
``(ii) improves the health and wellbeing of its citizens by
supporting the advancement of biomedical science and
innovation.
``(2) Functions.--ARPA-H shall achieve the goals specified
in paragraph (1) by addressing specific scientific or
technical questions by involving high-impact transformative,
translational, applied, and advanced research in relevant
areas of science, by supporting--
``(A) discovery, identification, and promotion of
revolutionary advancements in science;
``(B) translation of scientific discoveries into
transformative health technologies with potential application
for biomedical science and medicine;
``(C) creation of platform capabilities that draw on
multiple disciplines;
``(D) delivery of proofs of concept that demonstrate
meaningful advances with potential clinical application;
``(E) development of new capabilities and methods to
identify potential targets and technological strategies for
early disease detection and intervention, such as advanced
computational tools and predictive models; and
``(F) acceleration of transformational health technological
advances in areas with limited technical certainty.
``(c) Director.--
``(1) In general.--The President shall appoint a director
of ARPA-H (in this section referred to as the `Director').
``(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience--
``(A) is especially qualified to advise the Secretary on,
and manage--
``(i) research and development programs; and
``(ii) large-scale, high-risk initiatives with respect to
health research and technology development across multiple
sectors, including identifying and supporting potentially
transformative health technologies; and
``(B) has a demonstrated ability to identify and develop
partnerships to address strategic needs in meeting the goals
described in subsection (b)(1).
``(3) Reporting.--The Director shall report to the
Secretary of Health and Human Services.
``(4) Duties.--The duties of the Director shall include the
following:
``(A) Establish strategic goals, objectives, and priorities
for ARPA-H to advance the goals described in subsection
(b)(1).
``(B) Approve the projects and programs of ARPA-H and
restructure, expand, or terminate any project or program
within ARPA-H that is not achieving its goals.
``(C) Develop funding criteria and assess the success of
programs through the establishment of technical milestones.
``(D) Request that applications for funding disclose
current and previous research and development efforts related
to such applications, as appropriate, and identify any
challenges associated with such efforts, including any
scientific or technical barriers encountered in the course of
such efforts or challenges in securing sources of funding, as
applicable.
``(E) Coordinate with the heads of relevant Federal
departments and agencies to facilitate sharing of data and
information, as applicable and appropriate, and ensure that
research supported by ARPA-H is informed by and supplements,
not supplants, the activities of such departments and
agencies and is free of unnecessary duplication of effort.
``(F) Ensure ARPA-H does not provide funding for a project
unless the program manager determines that the project aligns
with the goals described in subsection (b)(1).
``(G) Prioritize investments based on considerations such
as--
``(i) scientific opportunity and potential impact,
especially in areas that fit within the strategies and
operating practices of ARPA-H and require public-private
partnerships to effectively advance research and development
activities; and
[[Page H10425]]
``(ii) the potential applications that an innovation may
have to address areas of currently unmet need in medicine and
health, including health disparities and the potential to
prevent progression to serious disease.
``(H) Encourage strategic collaboration and partnerships
with a broad range of entities, which may include
institutions of higher education, minority-serving
institutions (defined, for the purposes of this section, as
institutions and programs described in section 326(e)(1) of
the Higher Education Act of 1965 and institutions described
in section 371(a) of such Act), industry, nonprofit
organizations, Federally funded research and development
centers, or consortia of such entities.
``(5) Term.--Notwithstanding section 405(a)(2), the
Director--
``(A) shall be appointed for a 4-year term; and
``(B) may be reappointed for 1 consecutive 4-year term.
``(6) Autonomy of agency regarding recommendations and
testimony.--No office or agency of the United States shall
have authority to require the Director to submit legislative
recommendations, or testimony or comments on legislation, to
any officer or agency of the United States for approval,
comments, or review prior to the submission of such
recommendations, testimony or comments to Congress, if such
recommendations, testimony, or comments to Congress include a
statement indicating that the views expressed therein are
those of the Director and do not necessarily reflect the
views of the President or another Federal department, agency,
or office.
``(7) Deputy director.--The Director shall appoint a Deputy
Director to serve as the principal assistant to the Director.
``(8) Nonapplication of certain provision.--The
restrictions contained in section 202 of the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1993 (Public Law 102-394; 42
U.S.C. 238f note) related to consultants and individual
scientists appointed for limited periods of time shall not
apply to the Director appointed under this subsection.
``(d) Application of Certain Flexibilities.--The
flexibilities provided to the National Institutes of Health
under section 301(g) shall apply to ARPA-H with respect to
the functions described in subsection (b)(2).
``(e) Protection of Information.--
``(1) No authorization for disclosure.--Nothing in this
section shall be construed as authorizing the Director to
disclose any information that is a trade secret or other
privileged or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of
title 18, United States Code.
``(2) Reporting.--If there have been requests under section
522 of title 5, United States Code, or the Secretary has used
such authority to withhold information within the preceding
year, not later than 1 year after the date of enactment of
this section, and annually thereafter, the Director shall
report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives on--
``(A) the number of instances in which the Secretary has
used the authority under this subsection to withhold
information from disclosure; and
``(B) the nature of any request under section 552 of title
5, United States Code, or section 1905 of title 18, United
States Code, that was denied using such authority.
``(3) Clarification.--The protections for trade secrets or
other privileged or confidential information described in
paragraph (1) shall not be construed to limit the
availability or disclosure of information necessary to inform
and facilitate the evaluation required under subsection
(k)(2). Any such information made available to members of the
National Academies of Sciences, Engineering, and Medicine
(referred to in this section as the `National Academies') for
such evaluation shall be kept confidential by such members
and shall not be used for any purposes other than informing
and facilitating the evaluation required under subsection
(k)(2).
``(f) Cooperation With the Food and Drug Administration.--
``(1) In general.--In order to facilitate the enhanced
collaboration and communication with respect to the most
current priorities of ARPA-H, the Food and Drug
Administration may meet with ARPA-H and any other Federal
partners at appropriate intervals to discuss the development
status, and actions that may be taken to facilitate the
development, of medical products and projects that are the
highest priorities to ARPA-H.
``(2) Reimbursement.--Utilizing interagency agreements or
other appropriate resource allocation mechanisms available,
the Director shall reimburse, using funds made available to
ARPA-H, the Food and Drug Administration, as appropriate, for
activities identified by the Commissioner of Food and Drugs
and the Director as being conducted by the Food and Drug
Administration under the authority of this subsection.
``(g) Awards.--
``(1) In general.--In carrying out this section, the
Director may--
``(A) award grants and cooperative agreements, which shall
include requirements to publicly report indirect facilities
and administrative costs, broken out by fixed capital costs,
administrative overhead, and labor costs;
``(B) award contracts, which may include multi-year
contracts subject to section 3903 of title 41, United States
Code;
``(C) award cash prizes, utilizing the authorities and
processes established under section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980; and
``(D) enter into other transactions, as defined by section
319L(a)(3), subject to paragraph (2).
``(2) Limitations on entering into other transactions.--
``(A) Use of competitive procedures.--To the maximum extent
practicable, competitive procedures shall be used when
entering into other transactions under this section.
``(B) Written determination required.--The authority of
paragraph (1)(D) may be exercised for a project if the
program manager--
``(i) submits a request to the Director for each individual
use of such authority before conducting or supporting a
program, including an explanation of why the use of such
authority is essential to promoting the success of the
project;
``(ii) receives approval for the use of such authority from
the Director; and
``(iii) for each year in which the program manager has used
such authority in accordance with this paragraph, submits a
report to the Director on the activities of the program
related to such project.
``(3) Exemptions from certain requirements.--Research
funded by ARPA-H shall not be subject to the requirements of
section 406(a)(3)(A)(ii) or section 492.
``(h) Facilities Authority.--
``(1) In general.--The Director is authorized, for
administrative purposes, to--
``(A) acquire (by purchase, lease, condemnation or
otherwise), construct, improve, repair, operate, and maintain
such real and personal property as are necessary to carry out
this section; and
``(B) lease an interest in property for not more than 20
years, notwithstanding section 1341(a)(1) of title 31, United
States Code.
``(2) Locations.--
``(A) In general.--ARPA-H, including its headquarters,
shall not be located on any part of the existing National
Institutes of Health campuses.
``(B) Number of locations.--ARPA-H shall have offices or
facilities in not less than 3 geographic areas.
``(C) Considerations.--In determining the location of each
office or facility, the Director shall make a fair and open
consideration of--
``(i) the characteristics of the intended location; and
``(ii) the extent to which such location will facilitate
advancement of the goals and functions specified in
subsection (b).
``(i) Personnel.--
``(1) In general.--The Director may--
``(A) appoint and remove scientific, engineering, medical,
and professional personnel, which may include temporary or
term-limited appointments as determined by the Director to
fulfill the mission of ARPA-H, without regard to any
provision in title 5, United States Code, governing
appointments and removals under the civil service laws;
``(B) notwithstanding any other provision of law, including
any requirement with respect to General Schedule pay rates
under subchapter III of chapter 53 of title 5, United States
Code, fix the base pay compensation of such personnel at a
rate to be determined by the Director, up to the amount of
annual compensation (excluding expenses) specified in section
102 of title 3, United States Code; and
``(C) contract with private recruiting firms for assistance
in identifying highly qualified candidates for technical
positions needed to carry out this section.
``(2) Support staff.--The Director may use authorities in
existence on the date of enactment of this section that are
provided to the Secretary to hire administrative, financial,
clerical, and other staff necessary to carry out functions
that support the goals and functions described in subsection
(b).
``(3) Number of personnel.--The Director may appoint not
more than 210 personnel under this section. The Director
shall submit a notification to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives if the Director determines that additional
personnel are required to carry out this section.
``(4) Clarification on previous positions.--
``(A) In general.--Except as provided in subparagraph (B),
the Director shall ensure that the personnel who are
appointed to staff or support ARPA-H are individuals who, at
the time of appointment and for 3 years prior to such
appointment, were not employed by the National Institutes of
Health. The Director may grant an exemption only for
individuals who are uniquely qualified, by way of
professional background and expertise, to advance the goals
and functions specified in subsection (b).
``(B) Nonapplication of provision.--The restriction
provided under subparagraph (A) shall not apply to any
individuals who are employed by ARPA-H on the date of
enactment of this section.
``(5) Additional considerations.--In appointing personnel
under this subsection, the Director--
``(A) may contract with private entities for the purposes
of recruitment services;
``(B) shall make efforts to recruit a diverse workforce,
including individuals underrepresented in science,
engineering, and medicine, including racial and ethnic
minorities, provided such efforts do not conflict with
applicable Federal civil rights law, and individuals with a
variety of professional experiences or backgrounds; and
``(C) shall recruit program managers with demonstrated
expertise in a wide range of scientific disciplines and
management skills.
``(6) Use of intergovernmental personnel act.--To the
extent needed to carry out the authorities under paragraph
(1) and the goals and functions specified in subsection (b),
the Director may utilize hiring authorities under sections
3371 through 3376 of title 5, United States Code.
``(7) Authority to accept federal detailees.--The Director
may accept officers or employees of the United States or
members of
[[Page H10426]]
the uniformed service on a detail from an element of the
Federal Government, on a reimbursable or a nonreimbursable
basis, as jointly agreed to by the heads of the receiving and
detailing elements, for a period not to exceed 3 years.
``(j) Program Managers.--
``(1) In general.--The Director shall appoint program
managers for 3-year terms (and may reappoint such program
managers for 1 additional consecutive 3-year term) for the
programs carried out by ARPA-H.
``(2) Duties.--A program manager shall--
``(A) establish, in consultation with the Director,
research and development goals for programs, including
timelines and milestones, and make such goals available to
the public;
``(B) manage applications and proposals, through the
appropriate officials, for making awards as described in
subsection (g) for activities consistent with the goals and
functions described in subsection (b);
``(C) issue funding opportunity announcements, using
uniform administrative processes, as appropriate;
``(D) select, on the basis of merit, each of the projects
to be supported under a program carried out by ARPA-H, and
taking into consideration--
``(i) the scientific, technical merit, and novelty of the
proposed project;
``(ii) the ability of the applicant to successfully carry
out the proposed project;
``(iii) the potential future commercial applications of the
project proposed by the applicant, including whether such
applications may have the potential to address areas of
currently unmet need within biomedicine and improve health
outcomes;
``(iv) the degree to which the proposed project has the
potential to transform biomedicine and addresses a scientific
or technical question pursuant to subsection (b);
``(v) the potential for the project to take an
interdisciplinary approach; and
``(vi) such other criteria as established by the Director;
``(E) provide project oversight and management of strategic
initiatives to advance the program, including by conducting
project reviews not later than 18 months after the date of
funding awards to identify and monitor progress of milestones
with respect to each project and prior to disbursement of
additional funds;
``(F) provide recommendations to the Director with respect
to advancing the goals and functions specified in subsection
(b);
``(G) encourage research collaborations and cultivate
opportunities for the application or utilization of
successful projects, including through identifying and
supporting applicable public-private partnerships or
partnerships between or among award recipients;
``(H) provide recommendations to the Director to establish,
expand, restructure, or terminate partnerships or projects;
and
``(I) communicate and collaborate with leaders and experts
within the health care and biomedical research and
development fields, including from both the public and
private sectors and, as necessary, through the convening of
workshops and meetings, to identify research and development
gaps and opportunities and solicit stakeholder input on
programs and goals.
``(k) Reports and Evaluation.--
``(1) Annual report.--
``(A) In general.--Beginning not later than 1 year after
the date of enactment of this section, as part of the annual
budget request submitted for each fiscal year, the Director
shall submit a report on the actions undertaken, and the
results generated, by ARPA-H, including--
``(i) a description of projects supported by ARPA-H in the
previous fiscal year and whether such projects are meeting
the goals developed by the Director pursuant to subsection
(c)(4)(A);
``(ii) a description of projects terminated in the previous
fiscal year, and the reason for such termination;
``(iii) a description of planned programs starting in the
next fiscal year, pending the availability of funding;
``(iv) activities conducted in coordination with other
Federal departments and agencies;
``(v) a description of any successes with, or barriers to,
coordinating with other Federal departments and agencies to
achieve the goals and functions under subsection (b);
``(vi) aggregated demographic information, if available, of
direct recipients and performers in funded projects and of
the ARPA-H workforce (consistent with the reporting
requirements under paragraph (3)); and
``(vii) a summary of award recipient compliance with
section 2321 of the PREVENT Pandemics Act.
``(B) Submission to congress.--The report under
subparagraph (A) shall be submitted to--
``(i) the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives;
and
``(ii) the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate.
``(2) Evaluation.--
``(A) In general.--Not later than 5 years after the date of
the enactment of this section, the Director shall seek to
enter into an agreement with the National Academies under
which the National Academies conducts an evaluation of
whether ARPA-H is meeting the goals and functions specified
in subsection (b).
``(B) Submission of results.--The agreement entered into
under subparagraph (A) shall require the National Academies
to submit the evaluation conducted under such agreement to
the Director, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives, and make the report
publicly available.
``(3) Reporting related to arpa-h personnel.--
``(A) In general.--The Director shall establish and
maintain records regarding the use of the authority under
subsection (i)(1)(A), including--
``(i) the number of positions filled through such
authority;
``(ii) the types of appointments of such positions;
``(iii) the titles, occupational series, and grades of such
positions;
``(iv) the number of positions publicly noticed to be
filled under such authority;
``(v) the number of qualified applicants who apply for such
positions;
``(vi) the qualification criteria for such positions; and
``(vii) the demographic information of individuals
appointed to such positions.
``(B) Reports to congress.--Not later than 2 years after
the date of enactment of this section, and annually
thereafter for each fiscal year in which such authority is
used, the Director shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report describing the total number of
appointments filled under subsection (i) within the fiscal
year and how the positions relate to the goals and functions
of ARPA-H.
``(C) GAO report.--Not later than 2 years after the date of
enactment of this section, the Comptroller General of the
United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the use of the authority provided
under subsection (i)(1)(A). Such report shall, in a manner
that protects personal privacy, to the extent required by
applicable Federal and State privacy law, at a minimum,
include information on--
``(i) the number of positions publicly noticed and filled
under the authority under subsection (i);
``(ii) the occupational series, grades, and types of
appointments of such positions;
``(iii) how such positions related to advancing the goals
and functions of ARPA-H;
``(iv) how the Director made appointment decisions under
subsection (i);
``(v) a summary of sources used to identify candidates for
filling such positions, as applicable;
``(vi) the number of individuals appointed;
``(vii) aggregated demographic information related to
individuals appointed; and
``(viii) any challenges, limitations, or gaps related to
the use of the authority under subsection (i) and any related
recommendations to address such challenges, limitations, or
gaps.
``(l) Strategic Plan.--Not later than 1 year after the date
of the enactment of this section, and every 3 years
thereafter, the Director shall provide to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives a strategic plan describing how ARPA-H will
carry out investments each fiscal year in the following 3-
year period. The requirements regarding individual institute
and center strategic plans under section 402(m), including
paragraph (3) of such subsection, shall not apply to ARPA-H.
``(m) Independent Review.--Not later than 1 year after the
date of the enactment of this section, and every 4 years
thereafter, the Comptroller General of the United States
shall conduct, and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, an independent review of the biomedical
research and development portfolio of the Department of
Health and Human Services, including ARPA-H, the National
Institutes of Health, the Food and Drug Administration, and
the Biomedical Advanced Research and Development Authority--
``(1) to assess the degree of any potential duplication of
existing Federal programs and projects; and
``(2) to make any recommendations regarding any potential
reorganization, consolidation, or termination of such
programs and projects.
``(n) Prioritization.--
``(1) In general.--The Director shall--
``(A) prioritize awarding grants, cooperative agreements,
contracts, prizes, and other transaction awards to entities
that will conduct funded work in the United States;
``(B) as appropriate and practicable, encourage nondomestic
recipients of any grants, cooperative agreements, contracts,
prizes, and other transactions under this section to
collaborate with a domestic entity;
``(C) not make awards under this section to nondomestic
entities organized under the laws of a covered foreign
country (as defined in section 119C of the National Security
Act of 1947 (50 U.S.C. 3059)); and
``(D) in accordance with the requirements of chapter 33 of
title 41, United States Code, and the Federal Acquisition
Regulation, not make awards under this section to entities
that have more than 3 ongoing concurrent awards under this
section.
``(2) Clarification.--In making an award under this
section, the Director may waive the requirements of
subparagraphs (A), (B), and (D) of paragraph (1) if such
requirements cannot reasonably be met, and the proposed
project has the potential to advance the goals described in
subsection (b)(1). The Director shall provide notice to
Congress not later than 30 days after waiving such
requirements.
``(o) Additional Consultation.--In carrying out this
section, the Director may consult with--
``(1) the President's Council of Advisors on Science and
Technology;
``(2) representatives of professional or scientific
organizations, including academia and
[[Page H10427]]
industry, with expertise in specific technologies under
consideration or development by ARPA-H;
``(3) an existing advisory committee providing advice to
the Secretary or the head of any operating or staff division
of the Department;
``(4) the advisory committee established under subsection
(p); and
``(5) any other entity the Director may deem appropriate.
``(p) Advisory Committee.--
``(1) In general.--There is established an ARPA-H
Interagency Advisory Committee (referred to in this
subsection as the `Advisory Committee') to coordinate efforts
and provide advice and assistance on specific program or
project tasks and the overall direction of ARPA-H.
``(2) Members.--The Advisory Committee established under
paragraph (1) shall consist of the heads of the following
agencies or their designees:
``(A) The National Institutes of Health.
``(B) The Centers for Disease Control and Prevention.
``(C) The Food and Drug Administration.
``(D) The Office of the Assistant Secretary for
Preparedness and Response.
``(E) The Office of the Assistant Secretary of Health.
``(F) The Defense Advanced Research Projects Agency.
``(G) The Office of Science of the Department of Energy.
``(H) The National Science Foundation.
``(I) Any other agency or office with subject matter
expertise that the Director of ARPA-H determines appropriate
to advance programs or projects under this section.
``(3) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
``(4) Advisory nature.--The functions of the Advisory
Committee shall be advisory in nature, and nothing in this
subsection shall be construed as granting such Committee
authority over the activities authorized under this section.
``(5) Performance measures framework.--
``(A) In general.--The Director, in consultation with the
Advisory Committee, shall develop a performance measures
framework for programs or projects supported by ARPA-H in
order to inform and facilitate the evaluation required under
subsection (k)(2), including identification of any data
needed to perform such evaluation,
``(B) Availability of performance measures.--The Director
shall provide to the National Academies such performance
measures and data necessary to perform the evaluation
required under subsection (k)(2).
``(q) Rule of Construction.--The authorities under this
section, with respect to the Director, are additional
authorities that do not supersede or modify any existing
authorities.
``(r) Transformative Health Technology Defined.--In this
section, the term `transformative health technology' means a
novel, broadly applicable capability or technology--
``(1) that has potential to revolutionize the detection,
diagnosis, mitigation, prevention, cure, or treatment of a
disease or health condition that can cause severe health
outcomes and which is an area of currently unmet need; and
``(2) for which--
``(A) significant scientific or technical challenges exist;
or
``(B) incentives in the commercial market are unlikely to
result in the adequate or timely development of such
capability or technology.
``(s) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $500,000,000
for each of the fiscal years 2024 through 2028, to remain
available until expended.
``(t) Additional Budget Clarification.--Any budget request
for ARPA-H shall propose a separate appropriation from the
other accounts of the National Institutes of Health.''.
(b) GAO Report on Certain Research Requirements.--The
Comptroller General of the United States shall conduct a
review to assess the extent to which relevant research
conducted or supported by the National Institutes of Health
meets Federal animal research requirements pursuant of the
Public Health Service Policy on Humane Care and Use of
Laboratory Animals. Such review shall also consider whether,
for research conducted or supported by the National
Institutes of Health that involves the use of animals, the
processes of the National Institutes of Health for reviewing
initial research proposals and monitoring funded research
include a review of project protocols and methods to ensure
that results generated by such project may be reasonably
anticipated to be reproducible and replicable and achieve
similar results, as applicable, in clinical trials. Not later
than 2 years after the date of enactment of this Act, the
Comptroller General shall submit a report on the review
required under this subsection to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
Subtitle D--Modernizing and Strengthening the Supply Chain for Vital
Medical Products
SEC. 2401. WARM BASE MANUFACTURING CAPACITY FOR MEDICAL
COUNTERMEASURES.
(a) In General.--Section 319L of the Public Health Service
Act (42 U.S.C. 247d-7e) is amended--
(1) in subsection (a)(6)(B)--
(A) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively;
(B) by inserting after clause (iii), the following:
``(iv) activities to support, maintain, and improve
domestic manufacturing surge capacity and capabilities, as
appropriate, including through the utilization of advanced
manufacturing and platform technologies, to increase the
availability of products that are or may become qualified
countermeasures or qualified pandemic or epidemic
products;''; and
(C) in clause (vi) (as so redesignated), by inserting
``manufacturing,'' after ``improvement,'';
(2) in subsection (b)--
(A) in the first sentence of paragraph (1), by inserting
``support for domestic manufacturing surge capacity and
capabilities,'' after ``initiatives for innovation,''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) by redesignating subparagraph (C) as subparagraph (D);
and
(iii) by inserting after subparagraph (B), the following:
``(C) activities to support, maintain, and improve domestic
manufacturing surge capacity and capabilities, as
appropriate, including through the utilization of advanced
manufacturing and platform technologies, to increase the
availability of products that are or may become qualified
countermeasures or qualified pandemic or epidemic products;
and'';
(3) in subsection (c)--
(A) in paragraph (2)(B), by inserting before the semicolon
``, including through the establishment and maintenance of
domestic manufacturing surge capacity and capabilities,
consistent with subsection (a)(6)(B)(iv)'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) in subclause (I), by striking ``and'' at the end; and
(bb) by adding at the end the following:
``(III) facilitating such communication, as appropriate,
regarding manufacturing surge capacity and capabilities with
respect to qualified countermeasures and qualified pandemic
or epidemic products to prepare for, or respond to, a public
health emergency or potential public health emergency; and
``(IV) facilitating such communication, as appropriate and
in a manner that does not compromise national security, with
respect to potential eligibility for the material threat
medical countermeasure priority review voucher program under
section 565A of the Federal Food, Drug, and Cosmetic Act;'';
(II) in clause (ii)(III), by striking ``and'' at the end;
(III) by redesignating clause (iii) as clause (iv); and
(IV) by inserting after clause (ii), the following:
``(iii) communicate regularly with entities in receipt of
an award pursuant to subparagraph (B)(v), and facilitate
communication between such entities and other entities in
receipt of an award pursuant to subparagraph (B)(iv), as
appropriate, for purposes of planning and response regarding
the availability of countermeasures and the maintenance of
domestic manufacturing surge capacity and capabilities,
including any planned uses of such capacity and capabilities
in the near- and mid-term, and identification of any
significant challenges related to the long-term maintenance
of such capacity and capabilities; and'';
(ii) in subparagraph (B)--
(I) in clause (iii), by striking ``and'' at the end;
(II) in clause (iv), by striking the period and inserting
``; and''; and
(III) by adding at the end the following:
``(v) award contracts, grants, and cooperative agreements
and enter into other transactions to support, maintain, and
improve domestic manufacturing surge capacity and
capabilities, including through supporting flexible or
advanced manufacturing, to ensure that additional capacity is
available to rapidly manufacture products that are or may
become qualified countermeasures or qualified pandemic or
epidemic products in the event of a public health emergency
declaration or significant potential for a public health
emergency.'';
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(iii) consult with the Commissioner of Food and Drugs,
pursuant to section 565(b)(2) of the Federal Food, Drug, and
Cosmetic Act, to ensure that facilities performing
manufacturing, pursuant to an award under subparagraph
(B)(v), are in compliance with applicable requirements under
such Act and this Act, as appropriate, including current good
manufacturing practice pursuant to section 501(a)(2)(B) of
the Food, Drug, and Cosmetic Act; and'';
(iv) in subparagraph (D)(i), by inserting ``, including to
improve manufacturing capacities and capabilities for medical
countermeasures'' before the semicolon;
(v) in subparagraph (E)(ix), by striking ``2023'' and
inserting ``2028''; and
(vi) by adding at the end the following:
``(G) Annual reports by award recipients.--As a condition
of receiving an award under subparagraph (B)(v), a recipient
shall develop and submit to the Secretary annual reports
related to the maintenance of such capacity and capabilities,
including ensuring that such capacity and capabilities are
able to support the rapid manufacture of countermeasures as
required by the Secretary.''; and
(C) in paragraph (5), by adding at the end the following:
``(H) Supporting warm-base and surge capacity and
capabilities.--Pursuant to an award under subparagraph
(B)(v), the Secretary may make payments for activities
necessary to maintain domestic manufacturing surge capacity
and capabilities supported under such award to ensure that
such capacity and capabilities are able to support the rapid
manufacture of countermeasures as required by the Secretary
to prepare for, or respond to, an existing or potential
public health emergency or otherwise address threats that
pose a significant level of risk
[[Page H10428]]
to national security. The Secretary may support the
utilization of such capacity and capabilities under awards
for countermeasure and product advanced research and
development, as appropriate, to provide for the maintenance
of such capacity and capabilities.''; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``Not later than 180 days
after the date of enactment of this subsection'' and
inserting ``Not later than 180 days after the date of
enactment of the PREVENT Pandemics Act'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``this subsection'' and inserting ``the PREVENT Pandemics
Act'';
(ii) in subparagraph (B), by striking ``and'' at the end;
and
(iii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) plans for the near-, mid-, and long-term sustainment
of manufacturing activities carried out under this section,
including such activities pursuant to subsection (c)(5)(H),
specific actions to regularly assess the ability of
recipients of an award under subsection (c)(4)(B)(v) to
rapidly manufacture countermeasures as required by the
Secretary, and recommendations to address challenges, if any,
related to such activities.''.
SEC. 2402. SUPPLY CHAIN CONSIDERATIONS FOR THE STRATEGIC
NATIONAL STOCKPILE.
Subclause (II) of section 319F-2(a)(2)(B)(i) of the Public
Health Service Act (42 U.S.C. 247d-6b(a)(2)(B)(i)) is amended
to read as follows:
``(II) planning considerations for appropriate
manufacturing capacity and capability to meet the goals of
such additions or modifications (without disclosing
proprietary information), including--
``(aa) consideration of the effect such additions or
modifications may have on the availability of such products
and ancillary medical supplies on the health care system; and
``(bb) an assessment of the current supply chain for such
products, including information on supply chain redundancies,
any known domestic manufacturing capacity for such products,
and any related vulnerabilities;''.
SEC. 2403. STRATEGIC NATIONAL STOCKPILE EQUIPMENT
MAINTENANCE.
Section 319F-2(a)(3) of the Public Health Service Act (42
U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (B), by inserting ``, regularly
reviewed, and updated'' after ``followed''; and
(2) by amending subparagraph (D) to read as follows:
``(D) review and revise, as appropriate, the contents of
the stockpile on a regular basis to ensure that--
``(i) emerging threats, advanced technologies, and new
countermeasures are adequately considered;
``(ii) the potential depletion of countermeasures currently
in the stockpile is identified and appropriately addressed,
including through necessary replenishment; and
``(iii) such contents are in working condition or usable,
as applicable, and are ready for deployment, which may
include conducting maintenance services on such contents of
the stockpile and disposing of such contents that are no
longer in working condition, or usable, as applicable;''.
SEC. 2404. IMPROVING TRANSPARENCY AND PREDICTABILITY OF
PROCESSES OF THE STRATEGIC NATIONAL STOCKPILE.
(a) Guidance.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall issue guidance describing the processes by which the
Secretary deploys the contents of the Strategic National
Stockpile under section 319F-2(a) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)), or otherwise distributes
medical countermeasures, as applicable, to States,
territories, Indian Tribes and Tribal organizations (as such
terms are defined under section 4 of the Indian Self-
Determination and Education Assistance Act), and other
applicable entities. Such guidance shall include information
related to processes by which to request access to the
contents of the Strategic National Stockpile, factors
considered by the Secretary when making deployment or
distribution decisions, and processes and points of contact
through which entities may contact the Secretary to address
any issues related to products requested or received by such
entity from the stockpile, and on other relevant topics.
(b) Annual Meetings.--Section 319F-2(a)(3) of the Public
Health Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(K) convene meetings, not less than once per year, with
representatives from State, local, and Tribal health
departments or officials, relevant industries, other Federal
agencies, and other appropriate stakeholders, in a manner
that does not compromise national security, to coordinate and
share information related to maintenance and use of the
stockpile, including a description of future countermeasure
needs and additions, modifications, and replenishments of the
contents of the stockpile, and considerations related to the
manufacturing and procurement of products consistent with the
requirements of the with the requirements of chapter 83 of
title 41, United States Code (commonly referred to as the
`Buy American Act'), as appropriate.''.
SEC. 2405. IMPROVING SUPPLY CHAIN FLEXIBILITY FOR THE
STRATEGIC NATIONAL STOCKPILE.
(a) In General.--Section 319F-2 of the Public Health
Service Act (42 U.S.C. 247d-6b) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(F), by striking ``as required by the
Secretary of Homeland Security'' and inserting ``at the
discretion of the Secretary, in consultation with, or at the
request of, the Secretary of Homeland Security,'';
(B) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(C) by inserting after paragraph (4) the following:
``(5) Vendor-managed inventory and warm-base surge
capacity.--
``(A) In general.--For the purposes of maintaining the
stockpile under paragraph (1) and carrying out procedures
under paragraph (3), the Secretary may enter into contracts
or cooperative agreements with vendors, which may include
manufacturers or distributors of medical products, with
respect to medical products intended to be delivered to the
ownership of the Federal Government. Each such contract or
cooperative agreement shall be subject to such terms and
conditions as the Secretary may specify, including terms and
conditions with respect to--
``(i) procurement, maintenance, storage, and delivery of
products, in alignment with inventory management and other
applicable best practices, under such contract or cooperative
agreement, which may consider, as appropriate, costs of
transporting and handling such products; or
``(ii) maintenance of domestic manufacturing capacity and
capabilities of such products to ensure additional reserved
production capacity and capabilities are available, and that
such capacity and capabilities are able to support the rapid
manufacture, purchase, storage, and delivery of such
products, as required by the Secretary to prepare for, or
respond to, an existing or potential public health emergency.
``(B) Report.--Not later than 2 years after the date of
enactment of the PREVENT Pandemics Act, and annually
thereafter, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives a report on any contracts or cooperative
agreements entered into under subparagraph (A) for purposes
of establishing and maintaining vendor-managed inventory or
reserve manufacturing capacity and capabilities for products
intended for the stockpile, including a description of--
``(i) the amount of each award;
``(ii) the recipient of each award;
``(iii) the product or products covered through each award;
and
``(iv) how the Secretary works with each recipient to
ensure situational awareness related to the manufacturing
capacity for, or inventory of, such products and coordinates
the distribution and deployment of such products, as
appropriate and applicable.''; and
(D) in subparagraph (A) of paragraph (6), as so
redesignated--
(i) in clause (viii), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ix), by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(x) with respect to reports issued in 2027 or any
subsequent year, an assessment of selected contracts or
cooperative agreements entered into pursuant to paragraph
(5).''; and
(2) in subsection (c)(2)(C), by striking ``on an annual
basis'' and inserting ``not later than March 15 of each
year''.
(b) Authorization of Appropriations.--Section 319F-2(f)(1)
of the Public Health Service Act (42 U.S.C. 247d-6b(f)(1)) is
amended by striking ``$610,000,000 for each of fiscal years
2019 through 2023'' and inserting ``$610,000,000 for each of
fiscal years 2019 through 2021, and $750,000,000 for each of
fiscal years 2022 and 2023''.
SEC. 2406. REIMBURSEMENT FOR CERTAIN SUPPLIES.
Paragraph (7) of section 319F-2(a) of the Public Health
Service Act (42 U.S.C. 247d-6b(a)), as so redesignated by
section 405(a)(1)(B), is amended to read as follows:
``(7) Reimbursement for certain supplies.--
``(A) In general.--The Secretary may, at appropriate
intervals, make available for purchase excess contents
procured for, and maintained within, the stockpile under
paragraph (1) to any Federal agency or State, local, or
Tribal government. The Secretary shall make such contents
available for purchase only if--
``(i) such contents are in excess of what is required for
appropriate maintenance of such stockpile;
``(ii) the Secretary determines that the costs for
maintaining such excess contents are not appropriate to
expend to meet the needs of the stockpile; and
``(iii) the Secretary determines that such action does not
compromise national security and is in the national interest.
``(B) Reimbursement and collection.--The Secretary may
require reimbursement for contents that are made available
under subparagraph (A), in an amount that reflects the cost
of acquiring and maintaining such contents and the costs
incurred to make available such contents in the time and
manner specified by the Secretary. Amounts collected under
this subsection shall be credited to the appropriations
account or fund that incurred the costs to procure such
contents, and shall remain available, without further
appropriation, until expended, for the purposes of the
appropriation account or fund so credited.
``(C) Rule of construction.--This paragraph shall not be
construed to preclude transfers of contents in the stockpile
under other authorities.
``(D) Report.--Not later than 2 years after the date of
enactment of the PREVENT
[[Page H10429]]
Pandemics Act, and annually thereafter, the Secretary shall
submit to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate
and the Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report on
the use of the authority provided under this paragraph,
including details of each action taken pursuant to this
paragraph, the account or fund to which any collected amounts
have been credited, and how the Secretary has used such
amounts.
``(E) Sunset.--The authority under this paragraph shall
terminate on September 30, 2028.''.
SEC. 2407. ACTION REPORTING ON STOCKPILE DEPLETION.
Section 319 of the Public Health Service Act (42 U.S.C.
247d), as amended by section 2223, is further amended by
adding at the end the following:
``(h) Stockpile Depletion Reporting.--The Secretary shall,
not later than 30 days after the deployment of contents of
the Strategic National Stockpile under section 319F-2(a) to
respond to a public health emergency declared by the
Secretary under this section or an emergency or major
disaster declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, and
every 30 days thereafter until the expiration or termination
of such public health emergency, emergency, or major
disaster, submit a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives on--
``(1) the deployment of the contents of the stockpile in
response to State, local, and Tribal requests;
``(2) the amount of such products that remain within the
stockpile following such deployment; and
``(3) plans to replenish such products, as appropriate,
including related timeframes and any barriers or limitations
to replenishment.''.
SEC. 2408. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN
PROGRAMS AND FACILITIES.
(a) Clarification.--Section 319F-2(a)(3) of the Public
Health Service Act (42 U.S.C. 247d-6b(a)(3)) is amended--
(1) in subparagraph (C), by striking ``and local'' and
inserting ``local, and Tribal''; and
(2) in subparagraph ( J), by striking ``and local'' and
inserting ``local, and Tribal''.
(b) Distribution of Medical Countermeasures to Indian
Tribes.--Title III of the Public Health Service Act (42
U.S.C. 241 et seq.) is amended by inserting after section
319F-4 the following:
``SEC. 319F-5. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN
PROGRAMS AND FACILITIES.
``In the event that the Secretary deploys the contents of
the Strategic National Stockpile under section 319F-2(a), or
otherwise distributes medical countermeasures to States to
respond to a public health emergency declared by the
Secretary under section 319, the Secretary shall, in
consultation with the applicable States, make such contents
or countermeasures directly available to Indian Tribes and
Tribal organizations (as such terms are defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304), which may include through health programs
or facilities operated by the Indian Health Service, that are
affected by such public health emergency.''.
SEC. 2409. GRANTS FOR STATE STRATEGIC STOCKPILES.
(a) Section 319F-2 of the Public Health Service Act (42
U.S.C. 247d-6b) is amended by adding at the end the
following:
``(i) Pilot Program to Support State Medical Stockpiles.--
``(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention,
shall award grants or cooperative agreements to not fewer
than 5 States, or consortia of States, with consideration
given to distribution among the geographical regions of the
United States, to establish, expand, or maintain a stockpile
of appropriate drugs, vaccines and other biological products,
medical devices, and other medical supplies determined by the
State to be necessary to respond to a public health emergency
declared by the Governor of a State or by the Secretary under
section 319, or a major disaster or emergency declared by the
President under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act, in order to support the preparedness goals described in
paragraphs (2) through (6) and (8) of section 2802(b). A
recipient of such an award may not use award funds to support
the stockpiling of security countermeasures (as defined in
subsection (c)(1), unless the eligible entity provides
justification for maintaining such countermeasures and the
Secretary determines such justification is appropriate and
applicable.
``(2) Requirements.--
``(A) Application.--To be eligible to receive an award
under paragraph (1), an entity shall prepare, in consultation
with appropriate health care entities and health officials
within the jurisdiction of such State or States, and submit
to the Secretary an application that contains such
information as the Secretary may require, including--
``(i) a plan for such stockpile, consistent with paragraph
(4), including--
``(I) a description of the activities such entity will
carry out under the agreement;
``(II) an assurance that such entity will use funds under
such award in alignment with the requirements of chapter 83
of title 41, United States Code (commonly referred to as the
`Buy American Act'); and
``(III) an outline of proposed expenses; and
``(ii) a description of how such entity will coordinate
with relevant entities in receipt of an award under section
319C-1 or 319C-2 pursuant to paragraph (4), including through
promoting alignment between the stockpile plan established
pursuant to clause (i) and applicable plans that are
established by such entity pursuant to section 319C-1 or
319C-2.
``(B) Matching funds.--
``(i) Subject to clause (ii), the Secretary may not make an
award under this subsection unless the applicant agrees, with
respect to the costs to be incurred by the applicant in
carrying out the purpose described in this subsection, to
make available non-Federal contributions toward such costs in
an amount equal to--
``(I) for each of fiscal years 2023 and 2024, not less than
$1 for each $20 of Federal funds provided in the award; and
``(II) for fiscal year 2025 and each fiscal year
thereafter, not less than $1 for each $10 of Federal funds
provided in the award.
``(ii) Waiver.--The Secretary may, upon the request of a
State, waive the requirement under clause (i), in whole or in
part, if the Secretary determines that extraordinary economic
conditions in the State in the fiscal year involved or in the
previous fiscal year justify the waiver. A waiver provided by
the Secretary under this subparagraph shall apply only to the
fiscal year involved.
``(C) Administrative expenses.--Not more than 10 percent of
amounts received by an entity pursuant to an award under this
subsection may be used for administrative expenses.
``(3) Lead entity.--An entity in receipt of an award under
paragraph (1) may designate a lead entity, which may be a
public or private entity, as appropriate, to manage the
stockpile at the direction of the State or consortium of
States.
``(4) Use of funds.--An entity in receipt of an award under
paragraph (1) shall use such funds to--
``(A) purchase, store, and maintain a stockpile of
appropriate drugs, vaccines and other biological products,
medical devices, and other medical supplies to be used during
a public health emergency, major disaster, or emergency
described in paragraph (1), in such numbers, types, and
amounts as the entity determines necessary, consistent with
such entity's stockpile plan established pursuant to
paragraph (2)(A)(i);
``(B) deploy the stockpile as required by the entity to
respond to an actual or potential public health emergency,
major disaster, or other emergency described in paragraph
(1);
``(C) replenish and make necessary additions or
modifications to the contents of such stockpile, including to
address potential depletion;
``(D) in consultation with Federal, State, and local
officials, take into consideration the availability,
deployment, dispensing, and administration requirements of
medical products within the stockpile;
``(E) ensure that procedures are followed for inventory
management and accounting, and for the physical security of
the stockpile, as appropriate;
``(F) review and revise, as appropriate, the contents of
the stockpile on a regular basis to ensure that, to the
extent practicable, new technologies and medical products are
considered;
``(G) carry out exercises, drills, and other training for
purposes of stockpile deployment, dispensing, and
administration of medical products, and for purposes of
assessing the capability of such stockpile to address the
medical supply needs of public health emergencies, major
disasters, or other emergencies described in paragraph (1) of
varying types and scales, which may be conducted in
accordance with requirements related to exercises, drills,
and other training for recipients of awards under section
319C-1 or 319C-2, as applicable; and
``(H) carry out other activities related to the State
strategic stockpile as the entity determines appropriate, to
support State efforts to prepare for, and respond to, public
health threats.
``(5) Supplement not supplant.--Awards under paragraph (1)
shall supplement, not supplant, the maintenance and use of
the Strategic National Stockpile by the Secretary under
subsection (a).
``(6) Guidance for states.--Not later than 180 days after
the date of enactment of this subsection, the Secretary, in
consultation with States, health officials, and other
relevant stakeholders, as appropriate, shall issue guidance,
and update such guidance as appropriate, for States related
to maintaining and replenishing a stockpile of medical
products, which may include strategies and best practices
related to--
``(A) types of medical products and medical supplies that
are critical to respond to public health emergencies, and may
be appropriate for inclusion in a stockpile by States, with
consideration of threats that require the large-scale and
simultaneous deployment of stockpiles, including the
stockpile maintained by the Secretary pursuant to subsection
(a), and long-term public health and medical response needs;
``(B) appropriate management of the contents of a
stockpile, including management by vendors of reserve amounts
of medical products and supplies intended to be delivered to
the ownership of the State and appropriate disposition of
excess products, as applicable; and
``(C) the procurement of medical products and medical
supplies consistent with the requirements of chapter 83 of
title 41, United States Code (commonly referred to as the
`Buy American Act').
``(7) Technical assistance.--The Secretary shall provide
assistance to States, including technical assistance, as
appropriate, in establishing, maintaining, improving, and
utilizing a medical stockpile, including appropriate
inventory management and disposition of products.
``(8) Reporting.--
``(A) State reports.--Each entity receiving an award under
paragraph (1) shall update, as
[[Page H10430]]
appropriate, the plan established pursuant to paragraph
(2)(A)(i) and submit to the Secretary an annual report on
implementation of such plan, including any changes to the
contents of the stockpile supported under such award. The
Secretary shall use information obtained from such reports to
inform the maintenance and management of the Strategic
National Stockpile pursuant to subsection (a).
``(B) Reports to congress.--Not later than 1 year after the
initial issuance of awards pursuant to paragraph (1), and
annually thereafter for the duration of the program
established under this subsection, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions
and the Committee on Appropriations of the Senate and the
Committee on Energy and Commerce and the Committee on
Appropriations of the House of Representatives a report on
such program, including--
``(i) Federal and State expenditures to support stockpiles
under such program;
``(ii) activities conducted pursuant to paragraph (4); and
``(iii) any additional information from the States that the
Secretary determines relevant.
``(9) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated
$3,500,000,000 for each of fiscal years 2023 and 2024, to
remain available until expended.''.
(b) GAO Report.--Not later than 3 years after the date on
which awards are first issued pursuant to subsection (i)(1)
of section 319F-2 of the Public Health Service Act (42 U.S.C.
247d-6b), as added by subsection (a), the Comptroller General
of the United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the State stockpiles established
or maintained pursuant to this section. Such report shall
include an assessment of--
(1) coordination and communication between the Secretary of
Health and Human Services and entities in receipt of an award
under this section, or a lead entity designated by such
entity;
(2) technical assistance provided by the Secretary of
Health and Human Services to such entities; and
(3) the impact of such stockpiles on the ability of the
State to prepare for and respond to a public health
emergency, major disaster, or other emergency described in
subsection (i)(1) of section 319F-2 of the Public Health
Service Act (42 U.S.C. 247d-6b), as added by subsection (a),
including the availability and distribution of items from
such State stockpile to health care entities and other
applicable entities.
SEC. 2410. STUDY ON INCENTIVES FOR DOMESTIC PRODUCTION OF
GENERIC MEDICINES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting
through the Assistant Secretary for Planning and Evaluation
of the Department of Health and Human Services shall--
(1) conduct a study on the feasibility, including related
to sustainment, and potential effectiveness, and utility of
providing incentives for increased domestic production and
capacity of specified generic medicines and their active
pharmaceutical ingredients, which may include through
applicable nonprofit or for-profit private entities; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report on such study to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(b) Specified Generic Medicine.--In this section, the term
``specified generic medicine'' means a generic drug approved
under section 505(j) of the Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that is --
(1) used to prevent, mitigate, or treat a serious or life-
threatening disease or condition, or used in a common
procedure that could be life-threatening without such
medicine;
(2) an antibiotic or antifungal used to treat a serious or
life threatening infectious disease;
(3) critical to the public health during a public health
emergency; or
(4) life-supporting, life-sustaining, or intended for use
in the prevention or treatment of a debilitating disease or
condition.
SEC. 2411. INCREASED MANUFACTURING CAPACITY FOR CERTAIN
CRITICAL ANTIBIOTIC DRUGS.
(a) Program.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Preparedness and Response and
Commissioner of Food and Drugs, may award contracts to
increase the domestic manufacturing capacity of certain
antibiotic drugs with identified supply chain
vulnerabilities, or the active pharmaceutical ingredient or
key starting material of such antibiotic drugs.
(2) Eligible entities.--To be eligible to receive an award
under this subsection, an entity shall--
(A) be a manufacturer that is in compliance with, or
demonstrates capability to comply with, the relevant
requirements of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); and
(B) prepare and submit to the Secretary an application at
such time, and in such manner, and containing such
information as the Secretary may require, including--
(i) a description of proposed activities to be supported by
an award under this subsection to increase manufacturing
capacity for such antibiotic drug or drugs;
(ii) the antibiotic drug or drugs, or related active
pharmaceutical ingredients or key starting materials for such
drug or drugs, that such entity intends to manufacture with
any increased manufacturing capacity supported by an award
under this subsection;
(iii) any additional products such increased manufacturing
capacity could be used to manufacture;
(iv) a description of the current supply chain for such
antibiotic drugs, including any existing and applicable
manufacturing facilities, known vulnerabilities in the supply
chain, known or potential supply limitations, such as foreign
export restrictions, or subsidies from foreign governments,
as applicable;
(v) a description of how such entity may use advanced or
flexible manufacturing in carrying out the terms of an award
under this subsection; and
(vi) a strategic plan regarding the maintenance, operation,
and sustainment of such increased manufacturing capacity
following the expiration of a contract under this subsection.
(3) Use of funds.--A recipient of an award under this
subsection shall use such funds to build, expand, upgrade,
modify, or recommission a facility located in the United
States, which may include the purchase or upgrade of
equipment, as applicable, to support increased manufacturing
capacity of certain antibiotic drugs for which supply chain
vulnerabilities exist, or the active pharmaceutical
ingredient or key starting material of such antibiotic drugs.
(4) Reports.--An entity in receipt of an award under this
subsection shall submit to the Secretary such reports as the
Secretary may require related to increasing domestic
manufacturing capacity of antibiotic drugs pursuant to a
contract under this subsection, including actions taken to
implement the strategic plan required under paragraph
(2)(B)(vi).
(5) Contract terms.--The following shall apply to a
contract to support increased domestic manufacturing capacity
under this subsection:
(A) Milestone-based payments.--The Secretary may provide
payment, including advance payment or partial payment for
significant milestones, if the Secretary makes a
determination that such payment is necessary and appropriate.
(B) Repayment.--The contract shall provide that such
payment is required to be repaid if there is a failure to
perform by the manufacturer under the contract; if the
specified milestones are reached, an advance or partial
payment shall not be required to be repaid.
(C) Contract duration.--
(i) In general.--Each contract shall be for a period not to
exceed 5 years.
(ii) Non-renewability.--A contract shall not be renewable.
(iii) Notifications of extensions and terminations.--If the
Secretary decides to terminate a contract prior to its
expiration, the Secretary shall notify the manufacturer
within 90 days of such determination.
(D) Additional terms.--The Secretary, in any contract under
this subsection--
(i) may specify--
(I) the amount of funding that will be dedicated by the
Secretary for supporting increased manufacturing capacity
under such contract; and
(II) the amount of manufacturing capacity that such
eligible entity must meet; and
(ii) shall provide a clear statement of defined Federal
Government purpose limited to uses related to increasing
domestic manufacturing capacity for antibiotic drugs to
address identified supply chain vulnerabilities and
challenges to establishing and maintaining domestic
manufacturing capacity.
(E) Sustainment.--Each contract shall provide for the
eligible entity to update the strategic plan required under
paragraph (2)(B)(vi) throughout the duration of such
contract, as required by the Secretary.
(b) Report.--Not later than 2 years after the date of
enactment of this Act and every year thereafter until the
termination or expiration of all such contracts, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on any
activities supported under subsection (a), including--
(1) the antibiotic drugs for which the Secretary
prioritized awards under subsection (a), including a
description of how the Secretary consulted with stakeholders
to inform such prioritization;
(2) information regarding each contract awarded pursuant to
subsection (a), including--
(A) the recipient of each such contract, including any
recipients of a subaward;
(B) the milestone and performance requirements pursuant to
each such contract;
(C) the duration of each such contract;
(D) the amount of funding provided by the Secretary
pursuant to each such contract, including any advanced or
partial payments;
(E) the antibiotic drugs supported through each such
contract, including a description of the medical necessity of
each such antibiotic drug and any supply chain
vulnerabilities, limitations, and related characteristics
identified pursuant to subsection (a)(2)(B)(iv) for each such
antibiotic drug; and
(F) the amount of increased manufacturing capacity for such
antibiotic drug that each such contract supports; and
(3) a description of how such contracts address supply
chain vulnerabilities, including increasing manufacturing
capacity of antibiotic drugs in the United States; and
(4) a description of the strategic plan submitted pursuant
to subsection (a)(2)(B)(vi) by each recipient of an award
under subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to limit, directly or indirectly, or otherwise impact
the private distribution, purchase, or sale of antibiotic
drugs or active pharmaceutical ingredients or key starting
materials; or
[[Page H10431]]
(2) to authorize the Secretary to disclose any information
that is a trade secret, or other privileged or confidential
information subject to section 552(b)(4) of title 5, United
States Code, or section 1905 of title 18, United States Code.
(d) Definitions.--For purposes of this section:
(1) Active pharmaceutical ingredient.--The term ``active
pharmaceutical ingredient'' has the meaning given such term
in section 744A of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-41).
(2) Antibiotic drug.--The term ``antibiotic drug'' means an
antibacterial or antifungal drug approved by the Food and
Drug Administration under section 505(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)) that is of
significant priority to providing health care and is
medically necessary to have available at all times in an
amount adequate to serve patient needs.
(3) Key starting material.--The term ``key starting
material'' means any component of a drug that the Secretary
determines to be necessary to the safety and effectiveness of
the drug.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Sunset.--The authority to enter into new contracts
under this section shall cease to be effective 3 years after
the date of enactment of this Act, and, beginning on the date
that is 8 years after the date of enactment of this Act, this
section shall have no force or effect.
Subtitle E--Enhancing Development and Combating Shortages of Medical
Products
CHAPTER 1--DEVELOPMENT AND REVIEW
SEC. 2501. ACCELERATING COUNTERMEASURE DEVELOPMENT AND
REVIEW.
Section 565 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-4) is amended by adding at the end the
following:
``(h) Accelerating Countermeasure Development and Review
During an Emergency.--
``(1) Acceleration of countermeasure development and
review.--The Secretary may, at the request of the sponsor of
a countermeasure, during a domestic, military, or public
health emergency or material threat described in section
564A(a)(1)(C), expedite the development and review of
countermeasures that are intended to address such domestic,
military, or public health emergency or material threat for
approval, licensure, clearance, or authorization under this
title or section 351 of the Public Health Service Act.
``(2) Actions.--The actions to expedite the development and
review of a countermeasure under paragraph (1) may include
the following:
``(A) Expedited review of submissions made by sponsors of
countermeasures to the Food and Drug Administration,
including rolling submissions of countermeasure applications
and other submissions.
``(B) Expedited and increased engagement with sponsors
regarding countermeasure development and manufacturing,
including--
``(i) holding meetings with the sponsor and the review team
and providing timely advice to, and interactive communication
with, the sponsor regarding the development of the
countermeasure to ensure that the development program to
gather the nonclinical and clinical data necessary for
approval, licensure, clearance, or authorization is as
efficient as practicable;
``(ii) involving senior managers and experienced review
staff, as appropriate, in a collaborative, cross-disciplinary
review;
``(iii) assigning a cross-disciplinary project lead for the
review team to facilitate;
``(iv) taking steps to ensure that the design of the
clinical trials is as efficient as practicable, when
scientifically appropriate, such as by minimizing the number
of patients exposed to a potentially less efficacious
treatment; and
``(v) streamlining the review of approved, licensed,
cleared, or authorized countermeasures to treat or prevent
new or emerging threats, including the review of any changes
to such countermeasures.
``(C) Expedited issuance of guidance documents and
publication of other regulatory information regarding
countermeasure development and manufacturing.
``(D) Other steps to expedite the development and review of
a countermeasure application submitted for approval,
licensure, clearance, or authorization, as the Secretary
determines appropriate.
``(3) Limitation of effect.--Nothing in this subsection
shall be construed to require the Secretary to grant, or take
any other action related to, a request of a sponsor to
expedite the development and review of a countermeasure for
approval, licensure, clearance, or authorization under
paragraph (1).''.
SEC. 2502. THIRD PARTY TEST EVALUATION DURING EMERGENCIES.
(a) In General.--Section 565 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-4), as amended by section
2501, is further amended by adding at the end the following:
``(i) Third Party Evaluation of Tests Used During an
Emergency.--
``(1) In general.--For purposes of conducting evaluations
regarding whether an in vitro diagnostic product (as defined
in section 809.3 of title 21, Code of Federal Regulations (or
any successor regulations)) for which a request for emergency
use authorization is submitted under section 564 meets the
criteria for issuance of such authorization, the Secretary
may, as appropriate, consult with persons with appropriate
expertise with respect to such evaluations or enter into
cooperative agreements or contracts with such persons under
which such persons conduct such evaluations and make such
recommendations, including, as appropriate, evaluations and
recommendations regarding the scope of authorization and
conditions of authorization.
``(2) Requirements regarding evaluations and
recommendations.--
``(A) In general.--In evaluating and making recommendations
to the Secretary regarding the validity, accuracy, and
reliability of in vitro diagnostic products, as described in
paragraph (1), a person shall consider and document whether
the relevant criteria under subsection (c)(2) of section 564
for issuance of authorization under such section are met with
respect to the in vitro diagnostic product.
``(B) Written recommendations.--Recommendations made by a
person under this subsection shall be submitted to the
Secretary in writing, and shall include the reasons for such
recommendation and other information that may be requested by
the Secretary.
``(3) Rule of construction.-- Nothing in this subsection
shall be construed to require the Secretary to consult with,
or enter into cooperative agreements or contracts with,
persons as described in paragraph (1) for purposes of
authorizing an in vitro diagnostic product or otherwise
affecting the emergency use authorization authorities under
this section or section 564.''.
(b) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall issue draft guidance on consultations
with persons under subsection (i) of section 565 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-4), as
added by subsection (a), including considerations concerning
conflicts of interest, compensation arrangements, and
information sharing. Not later than 1 year after the public
comment period on such draft guidance ends, the Secretary
shall issue a revised draft guidance or final guidance.
SEC. 2503. PLATFORM TECHNOLOGIES.
(a) In General.--Chapter V of the Federal Food, Drug, and
Cosmetic Act is amended by inserting after section 506J of
such Act (21 U.S.C. 356j) the following:
``SEC. 506K. PLATFORM TECHNOLOGIES.
``(a) In General.--The Secretary shall establish a program
for the designation of platform technologies that meet the
criteria described in subsection (b).
``(b) Criteria.--A platform technology incorporated within
or utilized by a drug or biological product is eligible for
designation as a designated platform technology under this
section if--
``(1) the platform technology is incorporated in, or
utilized by, a drug approved under section 505 of this Act or
a biological product licensed under section 351 of the Public
Health Service Act;
``(2) preliminary evidence submitted by the sponsor of the
approved or licensed drug described in paragraph (1), or a
sponsor that has been granted a right of reference to data
submitted in the application for such drug, demonstrates that
the platform technology has the potential to be incorporated
in, or utilized by, more than one drug without an adverse
effect on quality, manufacturing, or safety; and
``(3) data or information submitted by the applicable
person under paragraph (2) indicates that incorporation or
utilization of the platform technology has a reasonable
likelihood to bring significant efficiencies to the drug
development or manufacturing process and to the review
process.
``(c) Request for Designation.--A person may request the
Secretary designate a platform technology as a designated
platform technology concurrently with, or at any time after,
submission under section 505(i) of this Act or section
351(a)(3) of the Public Health Service Act for the
investigation of a drug that incorporates or utilizes the
platform technology that is the subject of the request.
``(d) Designation.--
``(1) In general.--Not later than 90 calendar days after
the receipt of a request under subsection (c), the Secretary
shall determine whether the platform technology that is the
subject of the request meets the criteria described in
subsection (b).
``(2) Designation.--If the Secretary determines that the
platform technology meets the criteria described in
subsection (b), the Secretary shall designate the platform
technology as a designated platform technology and may
expedite the development and review of any subsequent
application submitted under section 505(b) of this Act or
section 351(a) of the Public Health Service Act for a drug
that uses or incorporates the platform technology pursuant to
subsection (e), as appropriate.
``(3) Determination not to designate.--If the Secretary
determines that the platform technology does not meet the
criteria under subsection (b), the Secretary shall include
with the determination not to designate the technology a
written description of the rationale for such determination.
``(4) Revocation of designation.--The Secretary may revoke
a designation made under paragraph (2), if the Secretary
determines that the designated platform technology no longer
meets the criteria described in subsection (b). The Secretary
shall communicate the determination to revoke a designation
to the requesting sponsor in writing, including a description
of the rationale for such determination.
``(5) Applicability.--Nothing in this section shall prevent
a product that uses or incorporates a designated platform
technology from being eligible for expedited approval
pathways if it is otherwise eligible under this Act or the
Public Health Service Act.
``(e) Actions.--The Secretary may take actions to expedite
the development and review of an application for a drug that
incorporates or utilizes a designated platform technology,
including--
``(1) engaging in early interactions with the sponsor to
discuss the use of the designated platform technology and
what is known about
[[Page H10432]]
such technology, including data previously submitted that is
relevant to establishing, as applicable, safety or efficacy
under section 505(b) of this Act or safety, purity, or
potency under section 351(a) of the Public Health Service
Act;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the drug that proposes to use the designated platform
technology to ensure that the development program designed to
gather data necessary for approval or licensure is as
efficient as practicable, which may include holding meetings
with the sponsor and the review team throughout the
development of the drug; and
``(3) considering inspectional findings, including prior
findings, related to the manufacture of a drug that
incorporates or utilizes the designated platform technology.
``(f) Leveraging Data From Designated Platform
Technologies.--The Secretary shall, consistent with
applicable standards for approval, authorization, or
licensure under this Act and section 351(a) of the Public
Health Service Act, allow the sponsor of an application under
section 505(b) of this Act or section 351(a) of the Public
Health Service Act or a request for emergency use
authorization under section 564, in order to support
approval, licensure, or authorization, to reference or rely
upon data and information within an application or request
for a drug or biological product that incorporates or
utilizes the same platform technology designated under
subsection (d), provided that--
``(1) such data and information was submitted by the same
sponsor, pursuant to the application for the drug with
respect to which designation of the designated platform
technology under subsection (d) was granted; or
``(2) the sponsor relying on such data and information
received a right of reference to such data and information
from the sponsor described in paragraph (1).
``(g) Changes to a Designated Platform Technology.--A
sponsor of more than one application approved under section
505(b) of this Act or section 351(a) of the Public Health
Service Act for drugs that incorporate or utilize a
designated platform technology may submit a single
supplemental application for proposed changes to the
designated platform technology that may be applicable to more
than one such drug that incorporates or utilizes the same
designated platform technology. Such supplemental application
may cross-reference data and information submitted in other
applications and may include one or more comparability
protocols regarding how such changes to the platform
technology would be made for each applicable drug or
biological product.
``(h) Definitions.--For purposes of this section:
``(1) The term `platform technology' means a well-
understood and reproducible technology, which may include a
nucleic acid sequence, molecular structure, mechanism of
action, delivery method, vector, or a combination of any such
technologies that the Secretary determines to be appropriate,
that the sponsor demonstrates--
``(A) is incorporated in or utilized by a drug or
biological product and is essential to the structure or
function of such drug or biological product;
``(B) can be adapted for, incorporated into, or utilized
by, more than one drug or biological product sharing common
structural elements; and
``(C) facilitates the manufacture or development of more
than one drug or biological product through a standardized
production or manufacturing process or processes.
``(2) The term `designated platform technology' means a
platform technology that is designated as a platform
technology under subsection (d).
``(i) Rule of Construction.--Nothing in this section shall
be construed to--
``(1) alter the authority of the Secretary to approve drugs
pursuant to section 505 of this Act or license biological
products pursuant to section 351 of the Public Health Service
Act, including standards of evidence and applicable
conditions for approval or licensure under the applicable
Act; or
``(2) confer any new rights with respect to the
permissibility of a sponsor of an application for a drug
product or biological product referencing information
contained in another application submitted by the holder of
an approved application under section 505(c) of this Act or
of a license under section 351(a) of the Public Health
Service Act.''.
(b) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall issue draft guidance on the implementation of this
section. Such guidance shall include examples of drugs that
can be manufactured using platform technologies, including
drugs that contain or consist of vectors and nucleic acids,
information about the Secretary's review of platform
technologies, information regarding submitting for
designation, considerations for persons submitting a request
for designation who have been granted a right of reference,
the implementation of the designated platform technology
designation program, efficiencies that may be achieved in the
development and review of products that incorporate or
utilize designated platform technologies, and recommendations
and requirements for making and reporting manufacturing
changes to a designated platform technology in accordance
with section 506K(g) of the Federal Food, Drug, and Cosmetic
Act (as added by subsection (a)) and section 506A of such Act
(21 U.S.C. 356a), as applicable.
(c) Report.--Not later than September 30, 2026, and
annually thereafter until September 30, 2029, the Secretary
shall issue a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives that shall
include--
(1) the number of requests for designation under the
program under section 506K of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a);
(2) the number of designations under such program issued,
active, and revoked;
(3) the resources required to carry out such program
(including the review time used for full-time equivalent
employees);
(4) any efficiencies gained in the development,
manufacturing, and review processes associated with such
designations; and
(5) recommendations, if any, to strengthen the program to
better leverage platform technologies that can be used in
more than one drug and meet patient needs in a manner as
timely as possible, taking into consideration the resources
available to the Secretary of Health and Human Services for
carrying out such program.
SEC. 2504. INCREASING EUA DECISION TRANSPARENCY.
Section 564(h) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3(h)) is amended--
(1) in paragraph (1)--
(A) by inserting ``on the internet website of the Food and
Drug Administration and'' after ``promptly publish'';
(B) by striking ``application under section 505(i), 512(j),
or 520(g), even if such summary may indirectly reveal the
existence of such application'' and inserting ``application,
request, or submission under this section or section 505(b),
505(i), 505(j), 512(b), 512(j), 512(n), 515, 510(k),
513(f)(2), 520(g), 520(m), 571, or 572 of this Act, or
section 351(a) or 351(k) of the Public Health Service Act,
even if such summary may reveal the existence of such an
application, request, or submission, or data contained in
such application, request, or submission''; and
(C) by inserting before the period at the end of the second
sentence the following: ``, which may include a summary of
the data and information supporting such revisions''; and
(2) in paragraph (2), by adding at the end the following:
``Information made publicly available by the Secretary in
accordance with paragraph (1) shall be considered a
disclosure authorized by law for purposes of section 1905 of
title 18, United States Code''.
SEC. 2505. IMPROVING FDA GUIDANCE AND COMMUNICATION.
(a) FDA Report and Implementation of Good Guidance
Practices.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
develop, and publish on the website of the Food and Drug
Administration--
(1) a report identifying best practices for the efficient
prioritization, development, issuance, and use of guidance
documents, within centers, across the Food and Drug
Administration, and across other applicable agencies; and
(2) a plan for implementation of such best practices,
including across other applicable agencies, which shall
address--
(A) streamlining development and review of guidance
documents within centers and across the Food and Drug
Administration;
(B) streamlining processes for regulatory submissions to
the Food and Drug Administration, including through the
revision or issuance of guidance documents; and
(C) implementing innovative guidance development processes
and practices and transitioning or updating guidance issued
during the COVID-19 public health emergency, as appropriate.
(b) Report and Implementation of FDA Best Practices for
Communicating With External Stakeholders.--The Secretary,
acting through the Commissioner of Food and Drugs, shall
develop and publish on the website of the Food and Drug
Administration a report on the practices of the Food and Drug
Administration to broadly communicate with external
stakeholders, other than through guidance documents, which
shall include--
(1) a review of the types and methods of public
communication that the Food and Drug Administration uses to
communicate and interact with medical product sponsors and
other external stakeholders;
(2) the identification of best practices for the efficient
development, issuance, and use of such communications; and
(3) a plan for implementation of best practices for
communication with external stakeholders, which shall
address--
(A) advancing the use of innovative forms of communication,
including novel document types and formats, to provide
increased regulatory clarity to product sponsors and other
stakeholders, and advancing methods of communicating and
interacting with medical product sponsors and other external
stakeholders, including the use of tools such as product
submission templates, webinars, and frequently asked
questions communications;
(B) streamlining processes for regulatory submissions; and
(C) implementing innovative communication development
processes and transitioning or updating communication
practices used during the COVID-19 public health emergency,
as appropriate.
(c) Consultation.--In developing and publishing the report
and implementation plan under this section, the Secretary
shall consult with stakeholders, including researchers,
academic organizations, pharmaceutical, biotechnology, and
medical device developers, clinical research organizations,
clinical laboratories, health care providers, patient groups,
and other appropriate stakeholders.
(d) Manner of Issuance.-- For purposes of carrying out this
section, the Secretary may update an existing report or plan,
and may combine the reports and implementation plans
described in subsections (a) and (b) into one or more
documents.
(e) Timing.--The Secretary shall--
[[Page H10433]]
(1) not later than 1 year after the date of enactment of
this Act, publish a draft of the reports and plans required
under this section; and
(2) not later than 180 days after publication of the draft
reports and plans under paragraph (1)--
(A) publish a final report and plan; and
(B) begin implementation of the best practices pursuant to
such final plan.
CHAPTER 2--MITIGATING SHORTAGES
SEC. 2511. ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE
MANUFACTURERS.
(a) Registration of Certain Foreign Establishments.--
Section 510(i) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360(i)) is amended by adding at the end the
following:
``(5) The requirements of paragraphs (1) and (2) shall
apply regardless of whether the drug or device undergoes
further manufacture, preparation, propagation, compounding,
or processing at a separate establishment outside the United
States prior to being imported or offered for import into the
United States.''.
(b) Updating Regulations.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Health and
Human Services shall update regulations, as appropriate, to
implement the amendment made by subsection (a).
SEC. 2512. EXTENDING EXPIRATION DATES FOR CERTAIN DRUGS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall issue draft guidance, or revise existing guidance, to
address recommendations for sponsors of applications
submitted under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or section 351 of the Public
Health Service Act (42 U.S.C. 262) regarding--
(1) the submission of stability testing data in such
applications, including considerations for data requirements
that could be streamlined or reduced to facilitate faster
review of longer proposed expiration dates;
(2) establishing in the labeling of drugs the longest
feasible expiration date scientifically supported by such
data, taking into consideration how extended expiration dates
may--
(A) help prevent or mitigate drug shortages; and
(B) affect product quality; and
(3) the use of innovative approaches for drug and
combination product stability modeling to support initial
product expiration dates and expiration date extensions.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, and again 2 years thereafter, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that
includes--
(1) the number of drugs for which the Secretary has
requested the manufacturer make a labeling change regarding
the expiration date; and
(2) for each drug for which the Secretary has requested a
labeling change with respect to the expiration date,
information regarding the circumstances of such request,
including--
(A) the name and dose of such drug;
(B) the rationale for the request;
(C) whether the drug, at the time of the request, was
listed on the drug shortage list under section 506E of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), or was
at risk of shortage;
(D) whether the request was made in connection with a
public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d); and
(E) whether the manufacturer made the requested change by
the requested date, and for instances where the manufacturer
does not make the requested change, the manufacturer's
justification for not making the change, if the manufacturer
agrees to provide such justification for inclusion in the
report.
SEC. 2513. COMBATING COUNTERFEIT DEVICES.
(a) Prohibited Acts.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding
at the end the following:
``(fff)(1) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark,
stamp, tag, label, or other identification upon any device or
container, packaging, or labeling thereof so as to render
such device a counterfeit device.
``(2) Making, selling, disposing of, or keeping in
possession, control, or custody, or concealing any punch,
die, plate, stone, or other thing designed to print, imprint,
or reproduce the trademark, trade name, or other identifying
mark or imprint of another or any likeness of any of the
foregoing upon any device or container, packaging, or
labeling thereof so as to render such device a counterfeit
device.
``(3) The doing of any act which causes a device to be a
counterfeit device, or the sale or dispensing, or the holding
for sale or dispensing, of a counterfeit device.''.
(b) Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended--
(1) in subsection (b)(8), by inserting ``, or who violates
section 301(fff)(3) by knowingly making, selling or
dispensing, or holding for sale or dispensing, a counterfeit
device,'' after ``a counterfeit drug''; and
(2) in subsection (c), by inserting ``; or (6) for having
violated section 301(fff)(2) if such person acted in good
faith and had no reason to believe that use of the punch,
die, plate, stone, or other thing involved would result in a
device being a counterfeit device, or for having violated
section 301(fff)(3) if the person doing the act or causing it
to be done acted in good faith and had no reason to believe
that the device was a counterfeit device'' before the period.
(c) Seizure.--Section 304(a)(2) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 334(a)(2)) is amended--
(1) by striking ``, and (E)'' and inserting ``, (E)''; and
(2) by inserting ``, (F) Any device that is a counterfeit
device, (G) Any container, packaging, or labeling of a
counterfeit device, and (H) Any punch, die, plate, stone,
labeling, container, or other thing used or designed for use
in making a counterfeit device or devices'' before the
period.
SEC. 2514. PREVENTING MEDICAL DEVICE SHORTAGES.
(a) Notifications.--Section 506J of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356j) is amended--
(1) in subsection (f), by inserting ``or (h)'' after
``subsection (a)'';
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Additional Notifications.--The Secretary may receive
voluntary notifications from a manufacturer of a device that
is life-supporting, life-sustaining, or intended for use in
emergency medical care or during surgery, or any other device
the Secretary determines to be critical to the public health,
pertaining to a permanent discontinuance in the manufacture
of the device (except for any discontinuance as a result of
an approved modification of the device) or an interruption of
the manufacture of the device that is likely to lead to a
meaningful disruption in the supply of that device in the
United States, and the reasons for such discontinuance or
interruption.''.
(b) Guidance on Voluntary Notifications of Discontinuance
or Interruption of Device Manufacture.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue draft guidance to facilitate voluntary notifications
under subsection (h) of section 506J of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356j), as added by
subsection (a). Such guidance shall include a description of
circumstances in which a voluntary notification under such
subsection (h) may be appropriate, recommended timeframes for
such a notification, the process for receiving such a
notification, and actions the Secretary may take to mitigate
or prevent a shortage resulting from a discontinuance or
interruption in the manufacture of a device for which such
notification is received. The Secretary shall issue final
guidance not later than 1 year after the close of the comment
period for the draft guidance.
(c) Guidance on Device Shortage Notification Requirement.--
Not later than 1 year after the date of enactment of this
Act, the Secretary shall issue or revise draft guidance
regarding requirements under section 506J of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356j). Such guidance
shall include a list of each device product code for which a
manufacturer of such device is required to notify the
Secretary in accordance with section 506J.
SEC. 2515. TECHNICAL CORRECTIONS.
(a) Technical Corrections to the CARES Act.--Division A of
the CARES Act (Public Law 116-136) is amended--
(1) in section 3111(1), by striking ``in paragraph (1)''
and inserting ``in the matter preceding paragraph (1)'';
(2) in section 3112(d)(1), by striking ``and subparagraphs
(A) and (B)'' and inserting ``as subparagraphs (A) and (B)'';
and
(3) in section 3112(e), by striking ``Federal Food, Drug,
Cosmetic Act'' and inserting ``Federal Food, Drug, and
Cosmetic Act''.
(b) Technical Corrections to the Federal Food, Drug, and
Cosmetic Act Related to the CARES Act.--
(1) Section 506c.--Section 506C(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c(a)) is amended, in the
flush text at the end, by striking the second comma after
``in the United States''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 3112 of division
A of the CARES Act (Public Law 116-136).
(c) Other Technical Correction to the Federal Food, Drug,
and Cosmetic Act.--Section 505B(f)(6)(I) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355c(f)(6)(I)) is amended
by striking ``subsection (a)(3)(B)'' and inserting
``subsection (a)(4)(C)''.
TITLE III--FOOD AND DRUG ADMINISTRATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Food and Drug Omnibus
Reform Act of 2022''.
SEC. 3002. DEFINITION.
In this title, except as otherwise specified, the term
``Secretary'' means the Secretary of Health and Human
Services.
Subtitle A--Reauthorizations
SEC. 3101. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-
PRIVATE PARTNERSHIP.
Section 566(f) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753
for the period beginning on October 1, 2022 and ending on
December 23, 2022'' and inserting ``$6,000,000 for each of
fiscal years 2023 through 2027''.
SEC. 3102. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR
CHILDREN PROGRAM.
Section 409I(d)(1) of the Public Health Service Act (42
U.S.C. 284m(d)(1)) is amended by striking ``$5,273,973 for
the period beginning on October 1, 2022 and ending on
December 23, 2022'' and inserting ``$25,000,000 for each of
fiscal years 2023 through 2027''.
[[Page H10434]]
SEC. 3103. REAUTHORIZATION OF THE HUMANITARIAN DEVICE
EXEMPTION INCENTIVE.
Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by
striking ``December 24, 2022'' and inserting ``October 1,
2027''.
SEC. 3104. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA
PROGRAM.
Section 305(e) of the Food and Drug Administration
Amendments Act of 2007 (Public Law 110-85; 42 U.S.C. 282
note) is amended by striking ``$1,107,534 for the period
beginning on October 1, 2022, and ending on December 23,
2022'' and inserting ``$7,000,000 for each of fiscal years
2023 through 2027''.
SEC. 3105. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS
CONTAINING SINGLE ENANTIOMERS.
Section 505(u) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(u)) is amended--
(1) in paragraph (1)(A)(ii)(II), by adding ``(other than
bioavailability studies)'' after ``any clinical
investigations''; and
(2) in paragraph (4), by striking ``December 24, 2022'' and
inserting ``October 1, 2027''.
SEC. 3106. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.
Section 704(g)(11) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 374(g)(11)) is amended by striking ``December
24, 2022'' and inserting ``October 1, 2027''.
SEC. 3107. REAUTHORIZATION OF ORPHAN DRUG GRANTS.
Section 5 of the Orphan Drug Act (21 U.S.C. 360ee) is
amended--
(1) in subsection (a)--
(A) by striking ``and (3)'' and inserting ``(3)''; and
(B) by inserting before the period at the end the
following: ``, and (4) developing regulatory science
pertaining to the chemistry, manufacturing, and controls of
individualized medical products to treat individuals with
rare diseases or conditions''; and
(2) in subsection (c), by striking ``$6,328,767 for the
period beginning on October 1, 2022, and ending on December
23, 2022'' and inserting ``$30,000,000 for each of fiscal
years 2023 through 2027''.
SEC. 3108. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED
TO PENDING GENERIC DRUG APPLICATIONS AND
PRIORITY REVIEW APPLICATIONS.
Section 807 of the FDA Reauthorization Act of 2017 (Public
Law 115-52) is amended, in the matter preceding paragraph
(1), by striking ``December 23, 2022'' and inserting
``October 1, 2027''.
SEC. 3109. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM.
Section 523(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m(c)) is amended by striking ``December 24,
2022'' and inserting ``on October 1, 2027'' .
Subtitle B--Drugs and Biologics
CHAPTER 1--RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS
SEC. 3201. PROMPT REPORTS OF MARKETING STATUS BY HOLDERS OF
APPROVED APPLICATIONS FOR BIOLOGICAL PRODUCTS.
(a) In General.--Section 506I of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356i) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``The holder of an application approved under subsection (c)
or (j) of section 505'' and inserting ``The holder of an
application approved under subsection (c) or (j) of section
505 of this Act or subsection (a) or (k) of section 351 of
the Public Health Service Act'';
(B) in paragraph (2), by striking ``established name'' and
inserting ``established name (or, in the case of a biological
product, the proper name)''; and
(C) in paragraph (3), by striking ``or abbreviated
application number'' and inserting ``, abbreviated
application number, or biologics license application
number''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``The holder of an application approved under subsection (c)
or (j)'' and inserting ``The holder of an application
approved under subsection (c) or (j) of section 505 of this
Act or subsection (a) or (k) of section 351 of the Public
Health Service Act'';
(B) in paragraph (1), by striking ``established name'' and
inserting ``established name (or, in the case of a biological
product, the proper name)''; and
(C) in paragraph (2), by striking ``or abbreviated
application number'' and inserting ``, abbreviated
application number, or biologics license application
number''.
(b) Additional One-Time Report.--Subsection (c) of section
506I of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356i) is amended to read as follows:
``(c) Additional One-Time Report.--Within 180 days of the
date of enactment of the Food and Drug Omnibus Reform Act of
2022, all holders of applications approved under subsection
(a) or (k) of section 351 of the Public Health Service Act
shall review the information in the list published under
section 351(k)(9)(A) of the Public Health Service Act and
shall submit a written notice to the Secretary--
``(1) stating that all of the application holder's
biological products in the list published under such section
351(k)(9)(A) that are not listed as discontinued are
available for sale; or
``(2) including the information required pursuant to
subsection (a) or (b), as applicable, for each of the
application holder's biological products that are in the list
published under such section 351(k)(9)(A) and not listed as
discontinued, but have been discontinued from sale or never
have been available for sale.''.
(c) Purple Book.--Section 506I of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356i) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Failure To Meet Requirements.--If a holder of an
approved application fails to submit the information required
under subsection (a), (b), or (c), the Secretary may--
``(1) move the application holder's drugs from the active
section of the list published under section 505(j)(7)(A) to
the discontinued section of the list, except that the
Secretary shall remove from the list in accordance with
section 505(j)(7)(C) drugs the Secretary determines have been
withdrawn from sale for reasons of safety or effectiveness;
and
``(2) identify the application holder's biological products
as discontinued in the list published under section
351(k)(9)(A) of the Public Health Service Act, except that
the Secretary shall remove from the list in accordance with
section 351(k)(9)(B) of such Act biological products for
which the license has been revoked or suspended for reasons
of safety, purity, or potency.''; and
(2) in subsection (e)--
(A) by inserting after the first sentence the following:
``The Secretary shall update the list published under section
351(k)(9)(A) of the Public Health Service Act based on
information provided under subsections (a), (b), and (c) by
identifying as discontinued biological products that are not
available for sale, except that biological products for which
the license has been revoked or suspended for safety, purity,
or potency reasons shall be removed from the list in
accordance with section 351(k)(9)(B) of the Public Health
Service Act.'';
(B) by striking ``monthly updates to the list'' and
inserting ``monthly updates to the lists referred to in the
preceding sentences''; and
(C) by striking ``and shall update the list based on'' and
inserting ``and shall update such lists based on''.
(d) Technical Corrections.--Section 506I(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356i(e)) is amended--
(1) by striking ``subsection 505(j)(7)(A)'' and inserting
``section 505(j)(7)(A)''; and
(2) by striking ``subsection 505(j)(7)(C)'' and inserting
``section 505(j)(7)(C)''.
SEC. 3202. IMPROVING THE TREATMENT OF RARE DISEASES AND
CONDITIONS.
(a) Report on Orphan Drug Program.--
(1) In general.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
summarizing the activities of the Food and Drug
Administration, with respect to the period of fiscal years
2023 through fiscal year 2025, related to designating drugs
under section 526 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bb) for a rare disease or condition and
approving such drugs under section 505 of such Act (21 U.S.C.
355) or licensing such drugs under section 351 of the Public
Health Service Act (42 U.S.C. 262), including--
(A) the number of applications for such drugs under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or section 351 of the Public Health Service Act (42
U.S.C. 262) received by the Food and Drug Administration, the
number of such applications accepted and rejected for filing,
and the numbers of such applications pending, approved, and
for which a complete response letter has been issued by the
Food and Drug Administration;
(B) the number of applications for which the sponsor
requested written recommendations pursuant to section 525 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa)
and the number of such applications for which the sponsor
received such written recommendations;
(C) a description of trends in drug approvals for rare
diseases and conditions across review divisions at the Food
and Drug Administration;
(D) the extent to which the Food and Drug Administration is
consulting with external experts pursuant to section
569(a)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-8(a)(2)) on topics pertaining to drugs for a
rare disease or condition, including how and when any such
consultation is occurring;
(E) the number of applications for which the Secretary
allowed the sponsor to rely upon data and information
pursuant to section 529A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff-1); and
(F) a description of the Food and Drug Administration's
efforts to promote best practices in the development of novel
treatments for rare diseases or conditions, including--
(i) reviewer training on policies, methods, and tools
related to rare diseases and conditions; and
(ii) new regulatory science and coordinated support for
patient and stakeholder engagement.
(2) Public availability.--The Secretary shall make the
report under paragraph (1) available to the public, including
by posting the report on the website of the Food and Drug
Administration.
(3) Information disclosure.--Nothing in this subsection
shall be construed to authorize the disclosure of information
that is prohibited from disclosure under section 301(j) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j))
or section 1905 of title 18, United States Code, or subject
to withholding under paragraph (4) of section 552(b) of title
5, United States Code (commonly referred to as the ``Freedom
of Information Act'').
(b) Guidance.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall publish final
guidance related to the draft guidance titled, ``Rare
Diseases: Common Issues in Drug Development'', issued on
February 1, 2019.
[[Page H10435]]
(c) Study on European Union Safety and Efficacy Reviews of
Drugs for Rare Diseases and Conditions.--
(1) In general.--The Secretary shall enter into a contract
with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ``National
Academies'') to conduct a study on processes for evaluating
the safety and efficacy of drugs for rare diseases or
conditions in the United States and the European Union,
including--
(A) flexibilities, authorities, or mechanisms available to
regulators in the United States and the European Union
specific to rare diseases or conditions;
(B) the consideration and use of supplemental data
submitted during review processes in the United States and
the European Union, including data associated with open label
extension studies and expanded access programs specific to
rare diseases or conditions;
(C) an assessment of collaborative efforts between United
States and European Union regulators related to--
(i) product development programs under review;
(ii) policies under development and those recently issued;
and
(iii) scientific information related to product development
or regulation; and
(D) recommendations for how Congress can support
collaborative efforts described in subparagraph (C).
(2) Consultation.--The contract under paragraph (1) shall
provide for consultation with relevant stakeholders,
including--
(A) representatives from the Food and Drug Administration
and the European Medicines Agency;
(B) patients with rare diseases or conditions; and
(C) patient groups that--
(i) represent patients with rare diseases or conditions;
and
(ii) have international patient outreach.
(3) Report.--The contract under paragraph (1) shall provide
for, not later than 2 years after the date of entering into
such contract--
(A) the completion of the study under paragraph (1); and
(B) the submission of a report on the results of such study
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(4) Public availability.--The contract under paragraph (1)
shall provide for the National Academies to make the report
under paragraph (3) available to the public, including by
posting the report on the website of the National Academies.
(d) Public Meeting.--
(1) In general.--Not later than December 31, 2023, the
Secretary, acting through the Commissioner of Food and Drugs,
shall convene one or more public meetings to solicit input
from stakeholders regarding the approaches described in
paragraph (2).
(2) Approaches.--The public meeting or meetings under
paragraph (1) shall address approaches to increasing and
improving engagement with rare disease or condition patients,
groups representing such patients, rare disease or condition
experts, and experts on small population studies, in order to
improve the understanding with respect to rare diseases or
conditions of--
(A) patient burden;
(B) treatment options; and
(C) side effects of treatments, including understanding the
risks of side effects relative to the health status of the
patient and the progression of the disease or condition.
(3) Public docket.--The Secretary shall establish a public
docket to receive written comments related to the approaches
addressed during each public meeting under paragraph (1).
Such public docket shall remain open for 60 days following
the date of each such public meeting.
(4) Reports.--Not later than 180 days after each public
meeting under paragraph (1), the Commissioner of Food and
Drugs shall develop and publish on the website of the Food
and Drug Administration a report on--
(A) the approaches discussed at the public meeting; and
(B) any related recommendations.
(e) Consultation on the Science of Small Population
Studies.--Section 569(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-8(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) the science of small population studies.''.
(f) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives, a report
assessing the policies, practices, and programs of the Food
and Drug Administration with respect to the review of
applications for approval of drugs under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) and
licensing of biological products under section 351 of the
Public Health Service Act (42 U.S.C. 262) intended to treat
rare diseases and conditions.
(2) Content of report.--The report under paragraph (1)
shall--
(A) describe the activities of the Food and Drug
Administration dedicated to the development and review of
drugs and biological products intended to treat rare diseases
and conditions under section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355) and section 351 of the
Public Health Service Act (42 U.S.C. 262);
(B) describe challenges with developing and obtaining
approval or licensure of drugs and biological products
intended to treat rare diseases and conditions, such as
challenges related to designing and conducting clinical
trials, clinical trial subject recruitment and enrollment,
study endpoints, and ensuring data quality, assessing the
benefit-risk profile of drugs and biological products
intended to treat rare diseases and conditions, and meeting
requirements for approval or licensure;
(C) assess the effectiveness of policies and practices of
the Food and Drug Administration related to the review of
applications for drugs and biological products intended to
treat rare diseases and conditions, including--
(i) initiatives to support the development and review of
drugs and biological products intended to treat rare diseases
and conditions, including initiatives related to regulatory
science, clinical trial design, statistical analysis, and
other relevant topics;
(ii) consideration of relevant patient-focused drug
development data and information, including patient
experience data and the views of patients, pursuant to
section 569C of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-8c);
(iii) training and other efforts to ensure the expertise of
personnel of the Food and Drug Administration regarding the
review of applications for drugs and biological products
intended to treat rare diseases and conditions; and
(iv) consultations and engagement with stakeholders and
external experts pursuant to section 569 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb-8);
(D) assess the extent to which the Food and Drug
Administration is applying the policies and practices
described in subparagraph (C) consistently across review
divisions, and the factors that influence the extent to which
such application is consistent; and
(E) include recommendations to address challenges and
deficiencies identified, including recommendations to improve
the effectiveness, consistency, and coordination of policies,
practices, and programs of the Food and Drug Administration
related to the review of applications for drugs and
biological products intended to treat rare diseases and
conditions.
(g) Definition.--In this section, the terms ``rare disease
or condition'', ``rare diseases or conditions'', and ``rare
diseases and conditions'' have the meaning given the term
``rare disease or condition'' in section 526(a)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb(a)(2)).
SEC. 3203. EMERGING TECHNOLOGY PROGRAM.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 201 et seq.) is amended by inserting after section 566
of such Act (21 U.S.C. 360bbb-5) the following:
``SEC. 566A. EMERGING TECHNOLOGY PROGRAM.
``(a) Program Establishment.--
``(1) In general.--The Secretary shall establish a program
to support the adoption of, and improve the development of,
innovative approaches to drug design and manufacturing.
``(2) Actions.--In carrying out the program under paragraph
(1), the Secretary may--
``(A) facilitate and increase communication between public
and private entities, consortia, and individuals with respect
to innovative drug product design and manufacturing;
``(B) solicit information regarding, and conduct or support
research on, innovative approaches to drug product design and
manufacturing;
``(C) convene meetings with representatives of industry,
academia, other Federal agencies, international agencies, and
other interested persons, as appropriate;
``(D) convene working groups to support drug product design
and manufacturing research and development;
``(E) support education and training for regulatory staff
and scientists related to innovative approaches to drug
product design and manufacturing;
``(F) advance regulatory science related to the development
and review of innovative approaches to drug product design
and manufacturing;
``(G) convene or participate in working groups to support
the harmonization of international regulatory requirements
related to innovative approaches to drug product design and
manufacturing; and
``(H) award grants or contracts to carry out or support the
program under paragraph (1).
``(3) Grants and contracts.--To seek a grant or contract
under this section, an entity shall submit an application--
``(A) in such form and manner as the Secretary may require;
and
``(B) containing such information as the Secretary may
require, including a description of--
``(i) how the entity will conduct the activities to be
supported through the grant or contract; and
``(ii) how such activities will further research and
development related to, or adoption of, innovative approaches
to drug product design and manufacturing.
``(b) Guidance.--The Secretary shall--
``(1) issue or update guidance to help facilitate the
adoption of, and advance the development of, innovative
approaches to drug product design and manufacturing; and
``(2) include in such guidance descriptions of--
``(A) any regulatory requirements related to the
development or review of technologies related to innovative
approaches to drug product design and manufacturing,
including updates and improvements to such technologies after
product approval; and
``(B) data that can be used to demonstrate the identity,
safety, purity, and potency of drugs manufactured using such
technologies.
[[Page H10436]]
``(c) Report to Congress.--Not later than 4 years after the
date of enactment of this section, the Secretary shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report containing--
``(1) an annual accounting of the allocation of funds made
available to carry out this section;
``(2) a description of how Food and Drug Administration
staff were utilized to carry out this section and, as
applicable, any challenges or limitations related to
staffing;
``(3) the number of public meetings held or participated in
by the Food and Drug Administration pursuant to this section,
including meetings convened as part of a working group
described in subparagraph (D) or (G) of subsection (a)(2),
and the topics of each such meeting; and
``(4) the number of drug products approved or licensed,
after the date of enactment of this section, using an
innovative approach to drug product design and
manufacturing.''.
SEC. 3204. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND
CONTINUOUS PHARMACEUTICAL MANUFACTURING.
(a) In General.--Section 3016 of the 21st Century Cures Act
(21 U.S.C. 399h) is amended to read as follows:
``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND
CONTINUOUS PHARMACEUTICAL MANUFACTURING.
``(a) In General.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs--
``(1) may, to support the advancement, development, and
implementation of advanced and continuous pharmaceutical
manufacturing--
``(A) solicit requests for designation as National Centers
of Excellence in Advanced and Continuous Pharmaceutical
Manufacturing (in this section referred to as a `National
Center of Excellence');
``(B) beginning not later than one year after the date of
enactment of the Food and Drug Omnibus Reform Act of 2022,
designate as National Centers of Excellence institutions of
higher education or consortia of institutions of higher
education that--
``(i) request such designation; and
``(ii) meet the eligibility criteria specified in
subsection (c); and
``(C) award grants to such institutions or consortia of
institutions; and
``(2) shall so designate not more than 5 institutions of
higher education or consortia of such institutions.
``(b) Request for Designation.--A request for designation
under subsection (a) shall be made to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(c) Eligibility Criteria for Designation.--To be eligible
to receive a designation under this section, an institution
of higher education or consortium of institutions of higher
education shall include in its request for designation a
description of the institution's or consortium's--
``(1) physical capacity and technical capabilities to
conduct advanced research on, and to develop and implement,
advanced and continuous pharmaceutical manufacturing;
``(2) collaboration or partnerships with other institutions
of higher education, nonprofit organizations, and large and
small pharmaceutical manufacturers, including generic and
nonprescription manufacturers, contract manufacturers, and
other relevant entities;
``(3) proven capacity to design, develop, implement, and
demonstrate new, highly effective technologies for use in
advanced and continuous pharmaceutical manufacturing;
``(4) proven ability to facilitate training of a qualified
workforce for advanced research on, and development and
implementation of, advanced and continuous pharmaceutical
manufacturing; and
``(5)(A) experience in participating in and leading
advanced and continuous pharmaceutical manufacturing
technology partnerships with other institutions of higher
education, nonprofit organizations, and large and small
pharmaceutical manufacturers, including generic and
nonprescription manufacturers, contract manufacturers, and
other relevant entities to--
``(i) support the implementation of advanced or continuous
pharmaceutical manufacturing for companies manufacturing or
seeking to manufacture in the United States;
``(ii) support Federal agencies with technical assistance
and workforce training, which may include regulatory and
quality metric guidance as applicable, and hands-on training,
for advanced and continuous pharmaceutical manufacturing;
``(iii) organize and conduct advanced research and
development activities, with respect to advanced or
continuous pharmaceutical manufacturing, needed to develop
new and more effective technology, and to develop and support
technological leadership;
``(iv) develop best practices for designing, developing,
and implementing advanced and continuous pharmaceutical
manufacturing processes; and
``(v) identify and assess workforce needs for advanced and
continuous pharmaceutical manufacturing, and address such
workforce needs, which may include the development and
implementing of training programs; or
``(B) a plan, to be implemented within 2 years, to
establish partnerships described in subparagraph (A).
``(d) Termination of Designation.--The Secretary may
terminate the designation of any National Center of
Excellence designated under this section if the Secretary
determines such National Center of Excellence no longer meets
the criteria specified in subsection (c). Not later than 90
days before the effective date of such a termination, the
Secretary shall provide written notice to the National Center
of Excellence, including the rationale for such termination.
``(e) Conditions for Designation.--As a condition of
designation as a National Center of Excellence under this
section, the Secretary shall require that an institution of
higher education or consortium of institutions of higher
education enter into an agreement with the Secretary under
which the institution or consortium agrees--
``(1) to collaborate directly with the Food and Drug
Administration to publish the reports required by subsection
(g);
``(2) to share data with the Food and Drug Administration
regarding best practices and research generated through the
funding under subsection (f);
``(3) to develop, along with industry partners (which may
include large and small pharmaceutical manufacturers,
including generic and nonprescription manufacturers, and
contract research organizations or contract manufacturers
that carry out drug development and manufacturing activities)
and another institution or consortium designated under this
section, if any, a strategic plan for developing an advanced
and continuous pharmaceutical manufacturing workforce;
``(4) to develop, along with industry partners and other
institutions or consortia of such institutions designated
under this section, a strategic plan for strengthening
existing, and developing new, partnerships with other
institutions of higher education or consortia thereof, or
nonprofit organizations; and
``(5) to provide an annual report to the Food and Drug
Administration regarding the designee's activities under this
section, including a description of how the designee
continues to meet and make progress on the criteria specified
in subsection (c).
``(f) Funding.--
``(1) In general.--The Secretary shall award funding,
through grants, contracts, or cooperative agreements, to the
entities designated as National Centers of Excellence under
this section for the purposes of supporting the advanced
research on, and development and implementation of, advanced
and continuous pharmaceutical manufacturing, and recommending
improvements to advanced and continuous pharmaceutical
manufacturing, including--
``(A) expanding capacity for advanced research on, and
development of, advanced and continuous pharmaceutical
manufacturing; and
``(B) implementing advanced research capacity and
capabilities in advanced and continuous pharmaceutical
manufacturing suitable for accelerating the development of
drug products needed to respond to public health threats,
mitigate or prevent drug shortages, address drug quality
issues and supply chain disruptions, and other circumstances
with respect to which the Secretary may determine the rapid
development of new products or new manufacturing processes
may be appropriate.
``(2) Consistency with fda mission.--As a condition on
receipt of funding under this subsection, a National Center
of Excellence shall consider any input from the Secretary
regarding the use of funding related to--
``(A) best practices to increase, and provide for the
advancement of, advanced and continuous pharmaceutical
manufacturing through the National Center of Excellence; and
``(B) the extent to which activities conducted by the
National Center of Excellence are consistent with the mission
of the Food and Drug Administration.
``(3) Rule of construction.--Nothing in this section shall
be construed as precluding a National Center for Excellence
designated under this section from receiving funds under any
other provision of this Act or any other Federal law.
``(g) Annual Review and Reports.--
``(1) Annual report to congress.--Beginning not later than
one year after the date on which the first designation is
made under subsection (a), and annually thereafter, the
Secretary shall--
``(A) submit to Congress a report describing the
activities, partnerships and collaborations, Federal policy
recommendations, previous and continuing funding, and
findings of, and any other applicable information from, the
National Centers of Excellence designated under this section;
``(B) include in such report an accounting of the Federal
administrative expenses described in subsection (i)(2) over
the reporting period; and
``(C) make such report available to the public in an easily
accessible electronic format on the website of the Food and
Drug Administration.
``(2) Center of excellence report.--An entity receiving a
grant under this section shall, not later than 1 year after
receiving such grant, and annually thereafter for the
duration of the grant period, submit to the Secretary a
summary of programs and activities funded under the grant.
``(3) Periodic review.--The Secretary shall periodically
review the National Centers of Excellence designated under
this section to ensure that such National Centers of
Excellence continue to meet the criteria for designation
under this section.
``(4) Additional report to congress.--Not later than 1 year
after the date on which the first designation is made under
subsection (a), the Secretary, in consultation with the
National Centers of Excellence designated under this section,
shall submit a report to the Congress on the role of the Food
and Drug Administration in supporting advanced and continuous
pharmaceutical manufacturing, including--
``(A) a national framework of principles related to the
implementation of advanced and continuous pharmaceutical
manufacturing;
[[Page H10437]]
``(B) a plan for the development of Federal regulations and
guidance to support and facilitate the incorporation of
advanced or continuous manufacturing into the development of
pharmaceuticals;
``(C) a plan for development of Federal regulations or
guidance related to the review of advanced and continuous
pharmaceutical manufacturing, including how such
manufacturing practices may be incorporated into the review
of medical product applications; and
``(D) a summary of relevant feedback related to improving
advanced and continuous pharmaceutical manufacturing
solicited from the public, which may include other
institutions of higher education, nonprofit organizations,
and large and small pharmaceutical manufacturers, including
generic and nonprescription manufacturers, and contract
manufacturers, and other relevant entities.
``(h) Definitions.--In this section:
``(1) Advanced and continuous pharmaceutical
manufacturing.--The term `advanced and continuous
pharmaceutical manufacturing' refers to a method of
pharmaceutical manufacturing, or a combination of
pharmaceutical manufacturing methods--
``(A) that incorporates a novel technology, or uses an
established technique or technology in a new or innovative
way, that enhances drug quality or improves the manufacturing
process for a drug, including processes that may apply to
advanced therapies and the production of biological products,
such as cell and gene therapies; or
``(B) for which the input materials are continuously fed
into and transformed within the process, and the output
materials are continuously removed from the system, utilizing
an integrated manufacturing process that consists of a series
of 2 or more simultaneous unit operations.
``(2) Biological product.--The term `biological product'
has the meaning given such term in section 351(i) of the
Public Health Service Act (42 U.S.C. 262(i)).
``(3) Drug.--The term `drug' has the meaning given such
term in section 201(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $100,000,000 for the period of
fiscal years 2023 through 2027.
``(2) Federal administrative expenses.--Of the amounts made
available to carry out this section for a fiscal year, the
Secretary shall not use more than 8 percent for Federal
administrative expenses, including training, technical
assistance, reporting, and evaluation.''.
(b) Transition Rule.--Section 3016 of the 21st Century
Cures Act (21 U.S.C. 399h), as in effect on the day before
the date of the enactment of this section, shall apply with
respect to grants awarded under such section before such date
of enactment.
(c) Clerical Amendment.--The item relating to section 3016
in the table of contents in section 1(b) of the 21st Century
Cures Act (Public Law 114-255) is amended to read as follows:
``Sec. 3016. National Centers of Excellence in Advanced and Continuous
Pharmaceutical Manufacturing.''.
SEC. 3205. PUBLIC WORKSHOP ON CELL THERAPIES.
Not later than 3 years after the date of the enactment of
this Act, the Secretary, acting through the Commissioner of
Food and Drugs, shall convene a public workshop with relevant
stakeholders to discuss best practices on generating
scientific data necessary to further facilitate the
development of certain human cell-, tissue-, and cellular-
based medical products (and the latest scientific information
about such products) that are regulated as drugs under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
and biological products under section 351 of the Public
Health Service Act (42 U.S.C. 262), namely, stem cell and
other cellular therapies.
SEC. 3206. CLARIFICATIONS TO EXCLUSIVITY PROVISIONS FOR FIRST
INTERCHANGEABLE BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 351(k)(6) of the Public Health Service Act (42
U.S.C. 262(k)(6)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``Upon review of'' and inserting ``The
Secretary shall not make approval as an interchangeable
biological product effective with respect to'';
(B) by striking ``relying on'' and inserting ``that relies
on''; and
(C) by striking ``the Secretary shall not make a
determination under paragraph (4) that the second or
subsequent biological product is interchangeable for any
condition of use''; and
(2) in the flush text that follows subparagraph (C)(ii), by
striking ``taken.'' and inserting ``taken, and the term
`first interchangeable biosimilar biological product' means
any interchangeable biosimilar biological product that is
approved on the first day on which such a product is approved
as interchangeable with the reference product.''.
SEC. 3207. GAO REPORT ON NONPROFIT PHARMACEUTICAL
ORGANIZATIONS.
(a) GAO Review.--The Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall prepare a report on--
(1) what is known about nonprofit pharmaceutical
manufacturing organizations, including the impact of such
organizations on the development, availability, and cost of
prescription drugs in the United States, which may include
information with respect to the capacity and capability to
help prevent or mitigate shortages of such drugs, and any
challenges to manufacturing or other operations; and
(2) recommendations to address such challenges.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit
the report described in subsection (a) to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
SEC. 3208. RARE DISEASE ENDPOINT ADVANCEMENT PILOT PROGRAM.
(a) In General.--The Secretary shall establish a pilot
program under which the Secretary establishes procedures to
provide increased interaction with sponsors of rare disease
drug development programs for purposes of advancing the
development of efficacy endpoints, including surrogate and
intermediate endpoints, for drugs intended to treat rare
diseases, including through--
(1) determining eligibility of participants for such
program; and
(2) developing and implementing a process for applying to,
and participating in, such a program.
(b) Public Workshops.--The Secretary shall conduct up to 3
public workshops, which shall be completed not later than
September 30, 2026, to discuss topics relevant to the
development of endpoints for rare diseases, which may include
discussions about--
(1) novel endpoints developed through the pilot program
established under this section; and
(2) as appropriate, the use of real world evidence and real
world data to support the validation of efficacy endpoints,
including surrogate and intermediate endpoints, for rare
diseases.
(c) Reports.--
(1) Interim report.--Not later than September 30, 2026, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing the completed and ongoing activities in the pilot
program established under this section and public workshops
described in subsection (b).
(2) Final report.--Not later than September 30, 2027, the
Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing the outcomes of the pilot program established
under this section.
(d) Guidance.--Not later than September 30, 2027, the
Secretary shall issue guidance describing best practices and
strategies for development of efficacy endpoints, including
surrogate and intermediate endpoints, for rare diseases.
(e) Sunset.--The Secretary may not accept any new
application or request to participate in the program
established by this section on or after October 1, 2027.
SEC. 3209. ANIMAL TESTING ALTERNATIVES.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
(1) in subsection (i)--
(A) in paragraph (1)(A), by striking ``preclinical tests
(including tests on animals)'' and inserting ``nonclinical
tests''; and
(B) in paragraph (2)(B), by striking ``animal'' and
inserting ``nonclinical tests''; and
(2) by inserting after subsection (y) the following:
``(z) Nonclinical Test Defined.--For purposes of this
section, the term `nonclinical test' means a test conducted
in vitro, in silico, or in chemico, or a nonhuman in vivo
test, that occurs before or during the clinical trial phase
of the investigation of the safety and effectiveness of a
drug. Such test may include the following:
``(1) Cell-based assays.
``(2) Organ chips and microphysiological systems.
``(3) Computer modeling.
``(4) Other nonhuman or human biology-based test methods,
such as bioprinting.
``(5) Animal tests.''.
(b) Biosimilar Biological Product Applications.--Item (bb)
of section 351(k)(2)(A)(i)(I) of the Public Health Service
Act (42 U.S.C. 262(k)(2)(A)(i)(I)) is amended to read as
follows:
``(bb) an assessment of toxicity (which may rely on, or
consist of, a study or studies described in item (aa) or
(cc)); and''.
SEC. 3210. MODERNIZING ACCELERATED APPROVAL.
(a) In General.--Section 506(c) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356(c)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(B) by striking ``Approval of a product'' and inserting the
following:
``(A) In general.--Approval of a product'';
(C) in clause (i) of such subparagraph (A), as so
redesignated, by striking ``appropriate postapproval
studies'' and inserting ``an appropriate postapproval study
or studies''; and
(D) by adding at the end the following:
``(B) Studies not required.--If the Secretary does not
require that the sponsor of a product approved under
accelerated approval conduct a postapproval study under this
paragraph, the Secretary shall publish on the website of the
Food and Drug Administration the rationale for why such study
is not appropriate or necessary.
``(C) Postapproval study conditions.--Not later than the
date of approval of a product under accelerated approval, the
Secretary shall specify the conditions for a postapproval
study
[[Page H10438]]
or studies required to be conducted under this paragraph with
respect to such product, which may include enrollment
targets, the study protocol, and milestones, including the
target date of study completion.
``(D) Studies begun before approval.--The Secretary may
require, as appropriate, a study or studies to be underway
prior to approval, or within a specified time period after
the date of approval, of the applicable product.''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``(as prescribed by the Secretary in regulations which shall
include an opportunity for an informal hearing)'' and
inserting ``described in subparagraph (B)'';
(B) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively and adjusting the
margins accordingly;
(C) by striking ``The Secretary may'' and inserting the
following:
``(A) In general.--The Secretary may'';
(D) in clause (i) of such subparagraph (A), as so
redesignated, by striking ``drug with due diligence'' and
inserting ``product with due diligence, including with
respect to conditions specified by the Secretary under
paragraph (2)(C)'';
(E) in clause (iii) of such subparagraph (A), as so
redesignated, by inserting ``shown to be'' after ``product is
not''; and
(F) by adding at the end the following:
``(B) Expedited procedures described.--Expedited procedures
described in this subparagraph shall consist of, prior to the
withdrawal of accelerated approval--
``(i) providing the sponsor with--
``(I) due notice;
``(II) an explanation for the proposed withdrawal;
``(III) an opportunity for a meeting with the Commissioner
or the Commissioner's designee; and
``(IV) an opportunity for written appeal to--
``(aa) the Commissioner; or
``(bb) a designee of the Commissioner who has not
participated in the proposed withdrawal of approval (other
than a meeting pursuant to subclause (III)) and is not
subordinate of an individual (other than the Commissioner)
who participated in such proposed withdrawal;
``(ii) providing an opportunity for public comment on the
proposal to withdraw approval;
``(iii) the publication of a summary of the public comments
received, and the Secretary's response to such comments, on
the website of the Food and Drug Administration; and
``(iv) convening and consulting an advisory committee on
issues related to the proposed withdrawal, if requested by
the sponsor and if no such advisory committee has previously
advised the Secretary on such issues with respect to the
withdrawal of the product prior to the sponsor's request.''.
(b) Reports of Postmarketing Studies.--Section 506B(a) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356b(a))
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Accelerated approval.--Notwithstanding paragraph (1),
a sponsor of a drug approved pursuant to accelerated approval
shall submit to the Secretary a report of the progress of any
study required under section 506(c), including progress
toward enrollment targets, milestones, and other information
as required by the Secretary, not later than 180 days after
the approval of such drug and not less frequently than every
180 days thereafter, until the study is completed or
terminated. The Secretary shall promptly publish on the
website of the Food and Drug Administration, in an easily
searchable format, the information reported under this
paragraph.''.
(c) Enforcement.--Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331), as amended by title II, is
further amended by adding at the end the following:
``(ggg) The failure of a sponsor of a product approved
under accelerated approval pursuant to section 506(c)--
``(1) to conduct with due diligence any postapproval study
required under section 506(c) with respect to such product;
or
``(2) to submit timely reports with respect to such product
in accordance with section 506B(a)(2).''.
(d) Guidance.--
(1) In general.--The Secretary shall issue guidance
describing--
(A) how sponsor questions related to the identification of
novel surrogate or intermediate clinical endpoints may be
addressed in early-stage development meetings with the Food
and Drug Administration;
(B) the use of novel clinical trial designs that may be
used to conduct appropriate postapproval studies as may be
required under section 506(c)(2)(A) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356(c)(2)(A)), as amended
by subsection (a);
(C) the expedited procedures described in section
506(c)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356(c)(3)(B)); and
(D) considerations related to the use of surrogate or
intermediate clinical endpoints that may support the
accelerated approval of an application under 506(c)(1)(A) of
such Act (21 U.S.C. 356(c)(1)(A)), including considerations
in evaluating the evidence related to any such endpoints.
(2) Final guidance.--The Secretary shall issue--
(A) draft guidance under paragraph (1) not later than 18
months after the date of enactment of this Act; and
(B) final guidance not later than 1 year after the close of
the public comment period on such draft guidance.
(e) Accelerated Approval Council.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an
intra-agency coordinating council (referred to in this
subsection as the ``Council'') within the Food and Drug
Administration to ensure the consistent and appropriate use
of accelerated approval across the Food and Drug
Administration, pursuant to section 506(c) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)).
(2) Membership.--The members of the Council shall consist
of the following senior officials, or a designee of such
official, from the Food and Drug Administration and relevant
Centers:
(A) The Director of the Center for Drug Evaluation and
Research.
(B) The Director of the Center for Biologics Evaluation and
Research.
(C) The Director of the Oncology Center of Excellence.
(D) The Director of the Office of New Drugs.
(E) The Director of the Office of Orphan Products
Development.
(F) The Director of the Office of Tissues and Advanced
Therapies.
(G) The Director of the Office of Medical Policy.
(H) At least 3 directors of review divisions or offices
overseeing products approved under accelerated approval,
including at least one director within the Office of
Neuroscience.
(3) Duties of the council.--
(A) Meetings.--The Council shall convene not fewer than 3
times per calendar year to discuss issues related to
accelerated approval, including any relevant cross-
disciplinary approaches related to product review with
respect to accelerated approval.
(B) Policy development.--The Council shall directly engage
with product review teams to support the consistent and
appropriate use of accelerated approval across the Food and
Drug Administration. Such engagement may include--
(i) developing guidance for Food and Drug Administration
staff and best practices for, and across, product review
teams, including with respect to communication between
sponsors and the Food and Drug Administration and the review
of products under accelerated approval;
(ii) providing training for product review teams; and
(iii) advising review divisions on best practices with
respect to product-specific development, review, and
withdrawal of products under accelerated approval.
(4) Publication of a report.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter,
the Council shall publish on the public website of the Food
and Drug Administration a report on the activities of the
Council.
(f) Rule of Construction.--Nothing in this section
(including the amendments made by this section) shall be
construed to affect ongoing withdrawal proceedings for
products approved pursuant to section 506(c) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356(c)) for which a
notice of proposed withdrawal has been published in the
Federal Register prior to the date of enactment of this Act.
Such proceedings may continue under procedures in effect
prior to the date of enactment of this Act.
SEC. 3211. ANTIFUNGAL RESEARCH AND DEVELOPMENT.
(a) Draft Guidance.--Not later than 3 years after the date
of enactment of this Act, the Secretary, acting through the
Commissioner of Food and Drugs, shall issue draft guidance
for industry for the purposes of assisting entities seeking
approval under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or licensure under section 351
of the Public Health Service Act (42 U.S.C. 262) of
antifungal therapies designed to treat coccidioidomycosis
(commonly known as Valley Fever).
(b) Final Guidance.--Not later than 18 months after the
close of the public comment period on the draft guidance
issued pursuant to subsection (a), the Secretary, acting
through the Commissioner of Food and Drugs, shall finalize
the draft guidance.
(c) Workshop.--To assist entities developing preventive
vaccines for fungal infections and coccidioidomycosis, the
Secretary shall hold a public workshop.
SEC. 3212. ADVANCING QUALIFIED INFECTIOUS DISEASE PRODUCT
INNOVATION.
(a) In General.--Section 505E of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355f) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``; or'' and inserting
``;'';
(B) in paragraph (3), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(4) an application pursuant to section 351(a) of the
Public Health Service Act.'';
(2) in subsection (d)(1), by inserting ``of this Act or
section 351(a) of the Public Health Service Act'' after
``section 505(b)''; and
(3) by amending subsection (g) to read as follows:
``(g) Qualified Infectious Disease Product.--The term
`qualified infectious disease product' means a drug
(including a biological product), including an antibacterial
or antifungal drug, for human use that--
``(1) acts on bacteria or fungi or on substances produced
by such bacteria or fungi; and
``(2) is intended to treat a serious or life-threatening
infection, including such an infection caused by--
``(A) an antibacterial or antifungal resistant pathogen,
including novel or emerging infectious pathogens; or
``(B) qualifying pathogens listed by the Secretary under
subsection (f).''.
(b) Priority Review.--Section 524A(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360n-1(a)) is amended by
inserting ``of this Act, or section 351(a) of the Public
Health
[[Page H10439]]
Service Act, that requires clinical data (other than
bioavailability studies) to demonstrate safety or
effectiveness'' before the period.
SEC. 3213. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION
PROGRAM.
Subchapter A of chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351 et seq.), as amended by title II,
is further amended by inserting after section 506K the
following:
``SEC. 506L. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION
PROGRAM.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall initiate a
program under which persons may request designation of an
advanced manufacturing technology as described in subsection
(b).
``(b) Designation Process.--The Secretary shall establish a
process for the designation under this section of methods of
manufacturing drugs, including biological products, and
active pharmaceutical ingredients of such drugs, as advanced
manufacturing technologies. A method of manufacturing, or a
combination of manufacturing methods, is eligible for
designation as an advanced manufacturing technology if such
method or combination of methods incorporates a novel
technology, or uses an established technique or technology in
a novel way, that will substantially improve the
manufacturing process for a drug while maintaining
equivalent, or providing superior, drug quality, including
by--
``(1) reducing development time for a drug using the
designated manufacturing method; or
``(2) increasing or maintaining the supply of--
``(A) a drug that is life-supporting, life-sustaining, or
of critical importance to providing health care; or
``(B) a drug that is on the drug shortage list under
section 506E.
``(c) Evaluation and Designation of an Advanced
Manufacturing Technology.--
``(1) Submission.--A person who requests designation of a
method of manufacturing as an advanced manufacturing
technology under this section shall submit to the Secretary
data or information demonstrating that the method of
manufacturing meets the criteria described in subsection (b)
in a particular context of use. The Secretary may facilitate
the development and review of such data or information by--
``(A) providing timely advice to, and interactive
communication with, such person regarding the development of
the method of manufacturing; and
``(B) involving senior managers and experienced staff of
the Food and Drug Administration, as appropriate, in a
collaborative, cross-disciplinary review of the method of
manufacturing, as applicable.
``(2) Evaluation and designation.--Not later than 180
calendar days after the receipt of a request under paragraph
(1), the Secretary shall determine whether to designate such
method of manufacturing as an advanced manufacturing
technology, in a particular context of use, based on the data
and information submitted under paragraph (1) and the
criteria described in subsection (b).
``(d) Review of Advanced Manufacturing Technologies.--If
the Secretary designates a method of manufacturing as an
advanced manufacturing technology, the Secretary shall--
``(1) expedite the development and review of an application
submitted under section 505 of this Act or section 351 of the
Public Health Service Act, including supplemental
applications, for drugs that are manufactured using a
designated advanced manufacturing technology; and
``(2) allow the holder of an advanced technology
designation, or a person authorized by the advanced
manufacturing technology designation holder, to reference or
rely upon, in an application submitted under section 505 of
this Act or section 351 of the Public Health Service Act,
including a supplemental application, data and information
about the designated advanced manufacturing technology for
use in manufacturing drugs in the same context of use for
which the designation was granted.
``(e) Implementation and Evaluation of Advanced
Manufacturing Technologies Program.--
``(1) Public meeting.--The Secretary shall publish in the
Federal Register a notice of a public meeting, to be held not
later than 180 days after the date of enactment of this
section, to discuss, and obtain input and recommendations
from relevant stakeholders regarding--
``(A) the goals and scope of the program under this
section, and the framework, procedures, and requirements
suitable for such program; and
``(B) ways in which the Food and Drug Administration will
support the use of advanced manufacturing technologies and
other innovative manufacturing approaches for drugs.
``(2) Program guidance.--
``(A) In general.--The Secretary shall--
``(i) not later than 180 days after the public meeting
under paragraph (1), issue draft guidance regarding the goals
and implementation of the program under this section; and
``(ii) not later than 2 years after the date of enactment
of this section, issue final guidance regarding the
implementation of such program.
``(B) Content.--The guidance described in subparagraph (A)
shall address--
``(i) the process by which a person may request a
designation under subsection (b);
``(ii) the data and information that a person requesting
such a designation is required to submit under subsection
(c), and how the Secretary intends to evaluate such
submissions;
``(iii) the process to expedite the development and review
of applications under subsection (d); and
``(iv) the criteria described in subsection (b) for
eligibility for such a designation.
``(3) Report.--Not later than 3 years after the date of
enactment of this section and annually thereafter, the
Secretary shall publish on the website of the Food and Drug
Administration and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report containing a description and
evaluation of the program being conducted under this section,
including the types of innovative manufacturing approaches
supported under the program. Such report shall include the
following:
``(A) The number of persons that have requested
designations and that have been granted designations.
``(B) The number of methods of manufacturing that have been
the subject of designation requests and that have been
granted designations.
``(C) The average number of calendar days for completion of
evaluations under subsection (c)(2).
``(D) An analysis of the factors in data submissions that
result in determinations to designate and not to designate
after evaluation under subsection (c)(2).
``(E) The number of applications received under section 505
of this Act or section 351 of the Public Health Service Act,
including supplemental applications, that have included an
advanced manufacturing technology designated under this
section, and the number of such applications approved.
``(f) Sunset.--The Secretary--
``(1) may not consider any requests for designation
submitted under subsection (c) after October 1, 2032; and
``(2) may continue all activities under this section with
respect to advanced manufacturing technologies that were
designated pursuant to subsection (b) prior to such date, if
the Secretary determines such activities are in the interest
of the public health.''.
CHAPTER 2--TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS
SEC. 3221. SAFER DISPOSAL OF OPIOIDS.
Section 505-1(e)(4)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1(e)(4)(B)) is amended by
striking ``for purposes of rendering drugs nonretrievable (as
defined in section 1300.05 of title 21, Code of Federal
Regulations (or any successor regulation))''.
SEC. 3222. THERAPEUTIC EQUIVALENCE EVALUATIONS.
Section 505(j)(7)(A) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(7)(A)) is amended by adding at
the end the following:
``(v)(I) With respect to an application submitted pursuant
to subsection (b)(2) for a drug that is subject to section
503(b) for which the sole difference from a listed drug
relied upon in the application is a difference in inactive
ingredients not permitted under clause (iii) or (iv) of
section 314.94(a)(9) of title 21, Code of Federal Regulations
(or any successor regulations), the Secretary shall make an
evaluation with respect to whether such drug is a therapeutic
equivalent (as defined in section 314.3 of title 21, Code of
Federal Regulations (or any successor regulations)) to
another approved drug product in the prescription drug
product section of the list under this paragraph as follows:
``(aa) With respect to such an application submitted after
the date of enactment of the Food and Drug Omnibus Reform Act
of 2022, the evaluation shall be made with respect to a
listed drug relied upon in the application pursuant to
subsection (b)(2) that is a pharmaceutical equivalent (as
defined in section 314.3 of title 21, Code of Federal
Regulations (or any successor regulations)) to the drug in
the application pursuant to subsection (b)(2) at the time of
approval of such application or not later than 180 days after
the date of such approval, provided that the request for such
an evaluation is made in the original application (or in a
resubmission to a complete response letter), and all
necessary data and information are submitted in the original
application (or in a resubmission in response to a complete
response letter) for the therapeutic equivalence evaluation,
including information to demonstrate bioequivalence, in a
form and manner prescribed by the Secretary.
``(bb) With respect to such an application approved prior
to or on the date of enactment of the Food and Drug Omnibus
Reform Act of 2022, the evaluation shall be made not later
than 180 days after receipt of a request for a therapeutic
equivalence evaluation submitted as part of a supplement to
such application; or with respect to an application that was
submitted prior to the date of enactment of the Food and Drug
Omnibus Reform Act of 2022 but not approved as of the date of
enactment of such Act, the evaluation shall be made not later
than 180 days after the date of approval of such application
if a request for such evaluation is submitted as an amendment
to the application, provided that--
``(AA) such request for a therapeutic equivalence
evaluation is being sought with respect to a listed drug
relied upon in the application, and the relied upon listed
drug is in the prescription drug product section of the list
under this paragraph and is a pharmaceutical equivalent (as
defined in section 314.3 of title 21, Code of Federal
Regulations (or any successor regulations)) to the drug for
which a therapeutic equivalence evaluation is sought; and
``(BB) the amendment or supplement, as applicable,
containing such request, or the relevant application,
includes all necessary data and information for the
therapeutic equivalence evaluation, including information to
demonstrate bioequivalence, in a form and manner prescribed
by the Secretary.
``(II) When the Secretary makes an evaluation under
subclause (I), the Secretary shall, in revisions made to the
list pursuant to clause (ii), include such information for
such drug.''.
[[Page H10440]]
SEC. 3223. PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY
VENDORS.
(a) In General.--
(1) Opening public docket.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall open a
single public docket to solicit comments on factors that
generally should be considered by the Secretary when
reviewing requests from sponsors of drugs subject to risk
evaluation and mitigation strategies to change third-party
vendors engaged by sponsors to aid in implementation and
management of the strategies.
(2) Factors.--Such factors include the potential effects of
changes in third-party vendors on--
(A) patient access; and
(B) prescribing and administration of the drugs by health
care providers.
(3) Closing public docket.--The Secretary may close such
public docket not earlier than 90 days after such docket is
opened.
(4) No delay.--Nothing in this section shall delay agency
action on any modification to a risk evaluation and
mitigation strategy.
(b) GAO Report.--Not later than December 31, 2026, the
Comptroller General of the United States shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on--
(1) the number of changes in third-party vendors (engaged
by sponsors to aid implementation and management of risk
evaluation and mitigation strategies) for an approved risk
evaluation and mitigation strategy the Secretary has approved
under section 505-1(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1(h));
(2) any issues affecting patient access to the drug that is
subject to the strategy or considerations with respect to the
administration or prescribing of such drug by health care
providers that arose as a result of such changes; and
(3) how such issues were resolved, as applicable.
SEC. 3224. ENHANCING ACCESS TO AFFORDABLE MEDICINES.
Section 505(j)(10)(A) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(10)(A)) is amended by striking
clauses (i) through (iii) and inserting the following:
``(i) a revision to the labeling of the listed drug has
been approved by the Secretary within 90 days of when the
application is otherwise eligible for approval under this
subsection;
``(ii) the sponsor of the application agrees to submit
revised labeling for the drug that is the subject of the
application not later than 60 days after approval under this
subsection of the application;
``(iii) the labeling revision described under clause (i)
does not include a change to the `Warnings' section of the
labeling; and''.
Subtitle C--Medical Devices
SEC. 3301. DUAL SUBMISSION FOR CERTAIN DEVICES.
Section 513 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360c) is amended by adding at the end the following:
``(k) For a device authorized for emergency use under
section 564 for which, in accordance with section 564(m), the
Secretary has deemed a laboratory examination or procedure
associated with such device to be in the category of
examinations and procedures described in section 353(d)(3) of
the Public Health Service Act, the sponsor of such device
may, when submitting a request for classification under
section 513(f)(2), submit a single submission containing--
``(1) the information needed for such a request; and
``(2) sufficient information to enable the Secretary to
determine whether such laboratory examination or procedure
satisfies the criteria to be categorized under section
353(d)(3) of the Public Health Service Act.''.
SEC. 3302. MEDICAL DEVICES ADVISORY COMMITTEE MEETINGS.
(a) In General.--The Secretary shall convene one or more
panels of the Medical Devices Advisory Committee not less
than once per year for the purpose of providing advice to the
Secretary on topics related to medical devices used in
pandemic preparedness and response, including topics related
to in vitro diagnostics.
(b) Required Panel Member.--A panel convened under
subsection (a) shall include at least 1 population health-
specific representative.
(c) Sunset.--This section shall cease to be effective on
October 1, 2027.
SEC. 3303. GAO REPORT ON THIRD-PARTY REVIEW.
Not later than September 30, 2026, the Comptroller General
of the United States shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the third-party review program under
section 523 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360m). Such report shall include--
(1) a description of the financial and staffing resources
used to carry out such program;
(2) a description of actions taken by the Secretary
pursuant section 523(b)(2)(C) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360m(b)(2)(C)); and
(3) the results of an audit of the performance of select
persons accredited under such program.
SEC. 3304. CERTIFICATES TO FOREIGN GOVERNMENTS.
Section 801(e)(4) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381(e)(4)) is amended--
(1) in subparagraph (E), by striking clause (iii); and
(2) by adding at the end the following:
``(F)(i) This paragraph applies to requests for
certification under this subparagraph of a device
manufactured by a device establishment located outside of the
United States that is registered under section 510, if the
device is listed pursuant to section 510(j), the device has
been cleared, approved, or is not required to submit a
premarket report pursuant to subsection (l) or (m) of section
510, and the device is imported or offered for import into
the United States.
``(ii) The Secretary shall issue the certification as
described in clause (iii) if the device or devices for which
certification is requested under this subparagraph meet the
applicable requirements of this Act.
``(iii)(I) A certification for a device described in clause
(i) shall be subject to the fee described in subparagraph
(B).
``(II) Notwithstanding subparagraph (C), a certification
for a device described in clause (i) shall address and
include the same material information as a `Certificate to
Foreign Government' and shall have a document title including
the words `Certificate to Foreign Government'.
``(iv) The requirements and procedures of subparagraph (E)
shall apply to a denial of a certification under this
subparagraph.''.
SEC. 3305. ENSURING CYBERSECURITY OF MEDICAL DEVICES.
(a) In General.--Subchapter A of chapter V of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is
amended by adding at the end the following:
``SEC. 524B. ENSURING CYBERSECURITY OF DEVICES.
``(a) In General.--A person who submits an application or
submission under section 510(k), 513, 515(c), 515(f), or
520(m) for a device that meets the definition of a cyber
device under this section shall include such information as
the Secretary may require to ensure that such cyber device
meets the cybersecurity requirements under subsection (b).
``(b) Cybersecurity Requirements.--The sponsor of an
application or submission described in subsection (a) shall--
``(1) submit to the Secretary a plan to monitor, identify,
and address, as appropriate, in a reasonable time, postmarket
cybersecurity vulnerabilities and exploits, including
coordinated vulnerability disclosure and related procedures;
``(2) design, develop, and maintain processes and
procedures to provide a reasonable assurance that the device
and related systems are cybersecure, and make available
postmarket updates and patches to the device and related
systems to address--
``(A) on a reasonably justified regular cycle, known
unacceptable vulnerabilities; and
``(B) as soon as possible out of cycle, critical
vulnerabilities that could cause uncontrolled risks;
``(3) provide to the Secretary a software bill of
materials, including commercial, open-source, and off-the-
shelf software components; and
``(4) comply with such other requirements as the Secretary
may require through regulation to demonstrate reasonable
assurance that the device and related systems are
cybersecure.
``(c) Definition.--In this section, the term `cyber device'
means a device that--
``(1) includes software validated, installed, or authorized
by the sponsor as a device or in a device;
``(2) has the ability to connect to the internet; and
``(3) contains any such technological characteristics
validated, installed, or authorized by the sponsor that could
be vulnerable to cybersecurity threats.
``(d) Exemption.--The Secretary may identify devices, or
categories or types of devices, that are exempt from meeting
the cybersecurity requirements established by this section
and regulations promulgated pursuant to this section. The
Secretary shall publish in the Federal Register, and update,
as appropriate, a list of the devices, or categories or types
of devices, so identified by the Secretary.''.
(b) Prohibited Act.--Section 301(q) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(q)) is amended by
adding at the end the following:
``(3) The failure to comply with any requirement under
section 524B(b)(2) (relating to ensuring device
cybersecurity).''.
(c) Rule of Construction.--Nothing in this section,
including the amendments made by this section, shall be
construed to affect the Secretary's authority related to
ensuring that there is a reasonable assurance of the safety
and effectiveness of devices, which may include ensuring that
there is a reasonable assurance of the cybersecurity of
certain cyber devices, including for devices approved or
cleared prior to the date of enactment of this Act.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect 90 days after the date of enactment
of this Act. An application or submission submitted before
such effective date shall not be subject to the requirements
under subsection (a) or (b) of section 524B of the Federal
Food, Drug, and Cosmetic Act, as added by this section.
(e) Guidance for Industry and FDA Staff on Device
Cybersecurity.--Not later than 2 years after the date of
enactment of this Act, and periodically thereafter as
appropriate, the Secretary, in consultation with the Director
of the Cybersecurity and Infrastructure Security Agency,
shall review and, as appropriate and after soliciting and
receiving feedback from device manufacturers, health care
providers, third-party-device servicers, patient advocates,
and other appropriate stakeholders, update the guidance
entitled ``Content of Premarket Submissions for Management of
Cybersecurity in Medical Devices'' (or a successor document).
(f) Resources Regarding Cybersecurity of Devices.--Not
later than 180 days after the date of enactment of this Act,
and not less than annually thereafter, the Secretary shall
update public information provided by the Food and
[[Page H10441]]
Drug Administration, including on the website of the Food and
Drug Administration, with information regarding improving
cybersecurity of devices. Such information shall include
information on identifying and addressing cyber
vulnerabilities for health care providers, health systems,
and device manufacturers, and how such entities may access
support through the Cybersecurity and Infrastructure Security
Agency and other Federal entities, including the Department
of Health and Human Services, to improve the cybersecurity of
devices.
(g) GAO Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall publish a report identifying challenges in
cybersecurity for devices, including legacy devices that may
not support certain software security updates. Through such
report, the Comptroller General shall examine--
(1) challenges for device manufacturers, health care
providers, health systems, and patients in accessing Federal
support to address vulnerabilities across Federal agencies;
(2) how Federal agencies can strengthen coordination to
better support cybersecurity for devices; and
(3) statutory limitations and opportunities for improving
cybersecurity for devices.
(h) Definition.--In this section, the term ``device'' has
the meaning given such term in section 201(h) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
SEC. 3306. BANS OF DEVICES FOR ONE OR MORE INTENDED USES.
(a) In General.--Section 516(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360f(a)) is amended--
(1) in paragraph (1), by inserting ``for one or more
intended uses'' before the semicolon at the end; and
(2) in the matter following paragraph (2), by inserting
``or to make such intended use or uses a banned intended use
or uses. A device that is banned for one or more intended
uses is not a legally marketed device under section 1006 when
intended for such use or uses'' after ``banned device''.
(b) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary to amend,
in accordance with section 516 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360f), as amended by this section,
and chapter 5 of title 5, United States Code, regulations
promulgated pursuant to such section 516, as amended by this
section.
SEC. 3307. THIRD PARTY DATA TRANSPARENCY.
(a) In General.--To the extent the Secretary relies on any
data, analysis, or other information or findings provided by
entities that has been funded in whole or in part by, or
otherwise performed under contract with, the Food and Drug
Administration, in regulatory decision-making with respect to
devices, the Secretary shall--
(1) request access to the datasets, inputs, clinical or
other assumptions, methods, analytical code, results, and
other components underlying or comprising the analysis,
conclusions, or other findings upon which the Secretary seeks
to rely; and
(2) in the event that information described in paragraph
(1) is used to support regulatory decision-making, and as
otherwise appropriate, to the extent practicable, provide the
manufacturer or manufacturers subject to such decision a
summary of such information, subject to protection of
confidential commercial information or trade secret
information or personally identifiable information.
(b) Report.--Not later than September 30, 2023, and
biennially thereafter, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives, and publish on the website of the Food
and Drug Administration, a report on the number of postmarket
device signals communications issued by the Secretary, the
sources of data for such signals, and how such signals were
revised or resolved.
(c) Rule of Construction.--Nothing in this section shall be
construed to require the delay of any regulatory decision-
making or other action of the Food and Drug Administration.
SEC. 3308. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
(a) In General.--Chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting
after section 515B (21 U.S.C. 360e-3) the following:
``SEC. 515C. PREDETERMINED CHANGE CONTROL PLANS FOR DEVICES.
``(a) Approved Devices.--
``(1) In general.--Notwithstanding section 515(d)(5)(A), a
supplemental application shall not be required for a change
to a device approved under section 515, if such change is
consistent with a predetermined change control plan that is
approved pursuant to paragraph (2).
``(2) Predetermined change control plan.--The Secretary may
approve a predetermined change control plan submitted in an
application, including a supplemental application, under
section 515 that describes planned changes that may be made
to the device (and that would otherwise require a
supplemental application under section 515), if the device
remains safe and effective without any change.
``(3) Scope.--The Secretary may require that a change
control plan include labeling required for safe and effective
use of the device as such device changes pursuant to such
plan, notification requirements if the device does not
function as intended pursuant to such plan, and performance
requirements for changes made under the plan.
``(b) Cleared Devices.--
``(1) In general.--Notwithstanding section 510(k), a
premarket notification shall not be required for a change to
a device cleared under section 510(k), if such change is
consistent with an established predetermined change control
plan granted pursuant to paragraph (2).
``(2) Predetermined change control plan.--The Secretary may
clear a predetermined change control plan submitted in a
notification submitted under section 510(k) that describes
planned changes that may be made to the device (and that
would otherwise require a new notification), if--
``(A) the device remains safe and effective without any
such change; and
``(B) the device would remain substantially equivalent to
the predicate.
``(3) Scope.--The Secretary may require that a change
control plan include labeling required for safe and effective
use of the device as such device changes pursuant to such
plan, notification requirements if the device does not
function as intended pursuant to such plan, and performance
requirements for changes made under the plan.
``(c) Predicate Devices.--In making a determination of
substantial equivalence pursuant to section 513(i), the
Secretary shall not compare a device to changed versions of a
device implemented in accordance with an established
predetermined change control plan as a predicate device. Only
the version of the device cleared or approved, prior to
changes made under the predetermined change control plan, may
be used by a sponsor as a predicate device.''.
(b) Conforming Amendments.--
(1) Cleared devices.--Section 510(l)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(l)(1)) is
amended, in the first sentence, by inserting ``, or with
respect to a change that is consistent with a predetermined
change control plan cleared under section 515C'' before the
period at the end.
(2) Approved devices.--Section 515(d)(5)(A)(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360e(d)(5)(A)(i)) is amended by striking ``A supplemental''
and inserting ``Unless the change is consistent with a
predetermined change control plan approved under section
515C, a supplemental''.
(3) Documentation of rationale for significant decisions.--
Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360g-1(a)(1)) is amended to read as follows:
``(1) In general.--The Secretary shall provide a
substantive summary of the scientific and regulatory
rationale for any significant decision of the Center for
Devices and Radiological Health regarding submission or
review of a report under section 510(k), a petition for
classification under section 513(f), an application under
section 515, or an application for an exemption under section
520(g), including documentation of significant controversies
or differences of opinion and the resolution of such
controversies or differences of opinion.''.
SEC. 3309. SMALL BUSINESS FEE WAIVER.
(a) In General.--Section 738(a)(3)(B) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j) is amended--
(1) by striking ``No fee'' and inserting the following:
``(i) In general.--No fee''; and
(2) by adding at the end the following:
``(ii) Small businesses fee waiver.--
``(I) Definition of small business.--For purposes of this
clause, the term `small business' means an entity that
reported $1,000,000 or less of gross receipts or sales in its
most recent Federal income tax return for a taxable year,
including such returns of all of its affiliates.
``(II) Waiver.--The Secretary may grant a waiver of the fee
required under subparagraph (A) for the annual registration
(excluding the initial registration) of an establishment for
a year, beginning on October 1, 2024, if the Secretary finds
that the establishment is a small business and paying the fee
for such year represents a financial hardship to the
establishment as determined by the Secretary.
``(III) Firms submitting tax returns to the united states
internal revenue service.--The establishment shall support
its claim that it meets the definition under subclause (I) by
submission of a copy of its most recent Federal income tax
return for a taxable year, and a copy of such returns of its
affiliates, which show an amount of gross sales or receipts
that is less than the maximum established in subclause (I).
The establishment, and each of such affiliates, shall certify
that the information provided is a true and accurate copy of
the actual tax forms they submitted to the Internal Revenue
Service. If no tax forms are submitted for any affiliate, the
establishment shall certify that the establishment has no
affiliates.
``(IV) Firms not submitting tax returns to the united
states internal revenue service.--In the case of an
establishment that has not previously submitted a Federal
income tax return, the establishment and each of its
affiliates shall demonstrate that it meets the definition
under subclause (I) by submission of a signed certification,
in such form as the Secretary may direct through a notice
published in the Federal Register, that the establishment or
affiliate meets the criteria for a small business and a
certification, in English, from the national taxing
authority, if extant, of the country in which the
establishment or, if applicable, affiliate is headquartered.
The certification from such taxing authority shall bear the
official seal of such taxing authority and shall provide the
establishment's or affiliate's gross receipts or sales for
the most recent year in both the local currency of such
country and in United States dollars, the exchange rate used
in converting such local currency to dollars, and the dates
during which these receipts or sales were collected. The
establishment shall also submit a statement signed by the
head of the establishment's firm or by its chief financial
officer that
[[Page H10442]]
the establishment has submitted certifications for all of its
affiliates, or that the establishment has no affiliates.
``(V) Request for waiver.--An establishment seeking a fee
waiver for a year under this clause shall submit supporting
information to the Secretary at least 60 days before the fee
is required pursuant to subparagraph (C). The decision of the
Secretary regarding whether an entity may receive the waiver
for such year is not reviewable.''.
(b) Taxing Authority.--Section 738(d)(2)(B)(iii) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379j(d)(2)(B)(iii)) is amended by inserting ``, if extant,''
after ``national taxing authority''.
Subtitle D--Infant Formula
SEC. 3401. PROTECTING INFANTS AND IMPROVING FORMULA SUPPLY.
(a) Definitions.--
(1) In general.--In this section, the term ``infant
formula'' has the meaning given such term in section 201(z)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(z)).
(2) Critical food.--Section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321) is amended by adding at the
end the following:
``(ss) The term `critical food' means a food that is--
``(1) an infant formula; or
``(2) a medical food, as defined in section 5(b)(3) of the
Orphan Drug Act.''.
(b) Office of Critical Foods.--
(1) In general.--The Secretary shall establish within the
Center for Food Safety and Applied Nutrition an office to be
known as the Office of Critical Foods. The Secretary shall
appoint a Director to lead such Office.
(2) Duties.--The Office of Critical Foods shall be
responsible for oversight, coordination, and facilitation of
activities related to critical foods, as defined in section
201(ss) of the Federal Food, Drug, and Cosmetic Act, as added
by subsection (a)(2).
(c) Premarket Submissions of Infant Formula to Address
Shortages.--Section 412 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350a) is amended by adding at the end
the following:
``(j) Premarket Submissions To Address Shortages.--
``(1) In general.--The Secretary shall waive the 90-day
premarket submission requirement under subsection (c) and
apply a 30-day premarket submission requirement for any
person who intends to introduce or deliver for introduction
into interstate commerce any new infant formula.
``(2) Effective period.--The waiver authority under this
subsection shall remain in effect--
``(A) for 90 days beginning on the date that the Secretary
distributes information under section 424(a)(2) with respect
to a shortage of infant formula; or
``(B) such longer period as the Secretary determines
appropriate, to prevent or mitigate a shortage of infant
formula.''.
(d) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives that includes--
(1) the number of premarket submissions for new infant
formula the Secretary has received under section 412(d) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d))
each year since 2012;
(2) how many of such submissions received requests from the
Secretary for additional information;
(3) how long after receiving such submissions the Secretary
sent such requests for additional information;
(4) what additional information the Secretary requested of
the persons submitting such submissions; and
(5) the date each new infant formula described in
subparagraph (A) was first marketed, if available.
(e) Infant Formula Flexibilities.--The Secretary shall
publish a list on the website of the Department of Health and
Human Services providing information on how to identify
appropriate substitutes for infant formula products in
shortage that are relied upon by infants and other
individuals with inborn errors of metabolism or other serious
health conditions.
(f) International Harmonization of Infant Formula
Requirements.--
(1) In general.--The Secretary--
(A) shall participate in meetings with representatives from
other countries to discuss methods and approaches to
harmonizing regulatory requirements for infant formula,
including with respect to inspections, labeling, and
nutritional requirements; and
(B) may enter into arrangements or agreements regarding
such requirements with other countries, as appropriate,
including arrangements or agreements with a foreign
government or agency of a foreign government to recognize the
inspection of foreign establishments that manufacture infant
formula for export to the United States.
(2) Study on infant formula.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall seek to enter into
an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this paragraph as
the ``National Academies'') to examine and report on
challenges in supply, market competition, and regulation of
infant formula in the United States.
(B) Contents of the report.--The report developed pursuant
to the agreement under subparagraph (A) shall--
(i) assess and evaluate--
(I) infant formula marketed in the United States;
(II) any challenges in supply, or market competition with
respect to such infant formula; and
(III) any differences between infant formula marketed in
the United States and infant formula marketed in the European
Union, including with respect to nutritional content and
applicable labeling and other regulatory requirements; and
(ii) include recommendations, including for infant formula
manufacturers, on measures to address supply and market
competition in the United States.
(C) Final report.--The agreement under subparagraph (A)
shall specify that the National Academies shall, not later
than 1 year after the date of enactment of this Act, complete
such study and submit a report on the results of such study
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives.
(g) Transparency and Accountability To Support Infant
Formula Innovation.--
(1) Congressional notification of recall.--Section 412 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as
amended by subsection (c), is further amended by adding at
the end the following:
``(k) Congressional Notification of Recall.--
``(1) In general.--Not later than 24 hours after the
initiation of a recall of infant formula as described in
subsection (e), the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a notification of such recall.
``(2) Contents.--A notification under paragraph (1) shall
include the following:
``(A) If the recall is required by the Food and Drug
Administration, a summary of the information supporting a
determination that the adulterated or misbranded infant
formula presents a risk to human health.
``(B) If the recall is voluntarily initiated by the
manufacturer, a summary of the information provided to the
Food and Drug Administration by the manufacturer regarding
infant formula that has left the control of the manufacturer
that may be adulterated or misbranded.
``(C) Specification of when the Food and Drug
Administration was first made aware of the instance or
circumstances surrounding the recall.
``(D) An initial estimate of the disruption in domestic
production that may result from the recall.''.
(2) Annual report to congress.--Section 412 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a), as amended by
paragraph (1), is further amended by adding at the end the
following:
``(l) Annual Report to Congress.--
``(1) In general.--Not later than March 30 of each year,
the Secretary shall submit a report to Congress containing,
with respect to the preceding calendar year, the following
information:
``(A) The number of submissions received by the Secretary
under subsection (d).
``(B) The number of such submissions that included any new
ingredients that were not included in any infant formula
already on the market.
``(C) The number of inspections conducted by the Food and
Drug Administration or any agent thereof to evaluate
compliance with the requirements for infant formulas under
subsection (b).
``(D) The time between any inspection referred to in
subparagraph (C) and any necessary reinspection to evaluate
compliance with the requirements for infant formulas under
subsection (b).
``(E) A breakdown of the information described in
subparagraphs (A) through (D) between foreign and domestic
manufacturers and facilities.
``(2) Confidentiality.--The Secretary shall ensure that the
reports under paragraph (1) do not include any information
that is a trade secret or confidential information subject to
section 552(b)(4) of title 5, United States Code, or section
1905 of title 18, United States Code.''.
(3) New infant formula submissions.--Section 412(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)) is
amended by adding at the end the following:
``(4) The Secretary shall provide a response to a
submission under this subsection not later than 45 days after
receiving such submission.''.
(4) List of nutrients.--Section 412(i)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a(i)) is amended
by striking ``or, if revised by the Secretary under paragraph
(2), as so revised'' and inserting the following: ``, which
shall be reviewed by the Secretary every 4 years as
appropriate. In reviewing such table, the Secretary shall
consider any new scientific data or information related to
infant formula nutrients, including international infant
formula standards. The Secretary may revise the list of
nutrients and the required level for any nutrient required by
the table''.
(5) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue guidance
regarding information sponsors may consider including in
submissions required under section 412(d) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)), including
considerations for meeting each of the requirements of
paragraphs (1), (2), and (3) of subsection (d).
(6) Technical correction.--Section 412(c)(1)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
350a(c)(1)(B)) is amended by striking ``subsection (c)(1)''
and inserting ``subsection (d)(1)''.
(h) Response to Recall.--
(1) Manufacturer submission.--
(A) In general.--Promptly after the initiation of a recall
of infant formula, the manufacturer of the recalled infant
formula shall submit information to the Secretary regarding
such recall.
[[Page H10443]]
(B) Contents.--A submission under subparagraph (A) shall
include the following:
(i) A plan (including an estimated timeline, as applicable)
of actions the manufacturer will take, suited to the
individual circumstances of the particular recall,
including--
(I) to identify and address any cause of, and contributing
factor in, known or suspected adulteration or known or
suspected misbranding; and
(II) if appropriate, to restore operation of the impacted
facilities.
(ii) In the case that a recall of the manufacturer's infant
formula products, and subsequent actions to respond to such
recall, impacts over 10 percent of the production of the
infant formula intended for sale in the United States, a plan
to backfill the supply of the manufacturer's infant formula
supply if the current domestic supply of such infant formula
has fallen, or is expected to fall, below the expected demand
for the formula.
(2) Report to congress.--
(A) In general.--Promptly after a submission under
paragraph (1) is received, the Secretary shall provide such
submission, together with the information specified in
subparagraph (B), in a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(B) Contents.--A report under subparagraph (A) shall
include the following:
(i) Information concerning the current domestic supply of
infant formula, including--
(I) a breakdown of the specific types of formula involved;
and
(II) an estimate of how long current supplies will last.
(ii) If a submission or submissions under paragraph (1)
show that the recall and subsequent actions to respond to the
recall impact over 10 percent of the domestic production of
infant formula intended for sale in the United States--
(I) actions to work with the impacted manufacturer or other
manufacturers to increase production; and
(II) specification of--
(aa) any additional authorities needed regarding production
or importation to fill a supply gap; and
(bb) any supplemental funding necessary to address the
shortage.
(3) Sunset.--This subsection shall cease to have force or
effect on September 30, 2026.
(i) Coordination With Manufacturer.--
(1) In general.--
(A) Communication following inspection.--Upon completing an
inspection of an infant formula manufacturing facility
impacted by a recall, the Secretary, acting through the
Commissioner of Food and Drugs, shall provide the
manufacturer involved a list of any actions necessary to--
(i) address deficiencies contributing to the potential
adulteration or misbranding of product at the facility; and
(ii) safely restart production at the facility.
(B) Response to manufacturer.--Not later than 7 days after
receiving a written communication from a manufacturer of
infant formula containing corrective actions to address
manufacturing deficiencies identified during an inspection of
a facility engaged in the manufacturing of an infant formula
impacted by a recall, the Secretary, acting through the
Commissioner of Food and Drugs, shall provide a substantive
response to such communication concerning the sufficiency of
the proposed corrective actions.
(2) Inspections.--The Secretary shall ensure timely
communication with a manufacturer of infant formula following
an inspection of a facility engaged in the manufacturing of
infant formula for consumption in the United States. If a
reinspection of a manufacturer of an infant formula is
required to ensure that such manufacturer completed any
remediation actions or addressed any deficiencies, the
Secretary shall reinspect such facility in a timely manner.
The Secretary shall prioritize and expedite an inspection or
reinspection of an establishment that could help mitigate or
prevent a shortage of an infant formula.
(3) Annual inspections.--Not later than 6 months after the
date of enactment of this Act, and not less than once per
calendar year thereafter, the Secretary shall conduct
inspections, including unannounced inspections, of the
facilities (including foreign facilities) of each
manufacturer of an infant formula required to be registered
under section 412(c)(1)(A) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 350a(c)(1)(A)), in accordance with a
risk-based approach and ensure timely and effective internal
coordination and alignment among the Office of Regulatory
Affairs and the Center for Food Safety and Applied Nutrition.
In meeting the inspection requirements under this subsection,
the Secretary may rely on inspections conducted by foreign
regulatory authorities, under arrangements or agreements, and
conducted by State agencies under contract, memoranda of
understanding, or any other obligation.
(j) National Strategy on Infant Formula.--
(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture and other heads of relevant
departments and agencies, shall develop and issue, not later
than 90 days after the date of enactment of this Act, a
national strategy on infant formula to increase the
resiliency of the infant formula supply chain, protect
against future contamination and other potential causes of
supply disruptions and shortages, and ensure parents and
caregivers have access to infant formula and information they
need.
(2) Immediate national strategy.--The national strategy
under paragraph (1) shall include efforts--
(A) to increase the resiliency of the infant formula supply
chain in the short-term by--
(i) assessing causes of any supply disruption or shortage
of infant formula in existence as of the date of enactment of
this Act and potential causes of future supply disruptions
and shortages;
(ii) assessing and addressing immediate infant formula
needs associated with the shortage; and
(iii) developing a plan to increase infant formula supply,
including through increased competition; and
(B) to ensure the development and updating of education and
communication materials for parents and caregivers that
cover--
(i) where and how to find infant formula;
(ii) comparable infant formulas on the market;
(iii) what to do if a specialty infant formula is
unavailable;
(iv) safe practices for handling infant formula; and
(v) other topics, as appropriate.
(3) Long-term strategy.--Not later than 90 days after the
submission of the report described in subsection (f)(2), the
Secretary shall update the national strategy under paragraph
(1) to include efforts to improve preparedness against infant
formula shortages in the long-term by--
(A) outlining methods to improve information-sharing
between the Federal Government and State and local
governments, and other entities as appropriate, regarding
shortages;
(B) recommending measures for protecting the integrity of
the infant formula supply and preventing contamination;
(C) outlining methods to incentivize new infant formula
manufacturers to increase supply and mitigate future
shortages; and
(D) recommending other necessary authorities to gain
insight into the supply chain and risk for shortages, and to
incentivize new infant formula manufacturers.
(k) Meaningful Disruption in the Production of Critical
Food.--Chapter IV of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341 et seq.) is amended by adding at the end the
following:
``SEC. 424. REQUIREMENTS FOR CRITICAL FOOD.
``(a) Notification of Meaningful Disruption for Critical
Food.--
``(1) In general.--A manufacturer of a critical food (as
defined in section 201(ss)) shall notify the Secretary of a
permanent discontinuance in the manufacture or an
interruption of the manufacture of such food that is likely
to lead to a meaningful disruption in the supply of such food
in the United States, and the reasons for such discontinuance
or interruption, as soon as practicable, but not later than 5
business days after such discontinuance or such interruption.
``(2) Distribution of information.--Not later than 5
calendar days after receiving a notification under paragraph
(1), if the Secretary has determined that such discontinuance
or interruption has resulted, or is likely to result, in a
shortage of such critical food, the Secretary shall
distribute, to the Secretary of Agriculture and to the
maximum extent practicable to the appropriate entities, as
determined by the Secretary through such means as the
Secretary determines appropriate, information on such
shortage.
``(3) Confidentiality.--Nothing in this subsection
authorizes the Secretary to disclose any information that is
a trade secret or confidential information subject to section
552(b)(4) of title 5, United States Code, or section 1905 of
title 18, United States Code.
``(4) Meaningful disruption.--In this subsection, the term
`meaningful disruption'--
``(A) means a change in production that is reasonably
likely to lead to a significant reduction in the supply of a
critical food by a manufacturer that affects the ability of
the manufacturer to meet expected demand for its product; and
``(B) does not include interruptions in manufacturing due
to matters such as routine maintenance, changes or
discontinuance of flavors, colors, or other insignificant
formulation characteristics, or insignificant changes in
manufacturing so long as the manufacturer expects to resume
operations in a short period of time.
``(b) Risk Management Plans.--Each manufacturer of a
critical food shall develop, maintain, and implement, as
appropriate, a redundancy risk management plan that
identifies and evaluates risks to the supply of the food, as
applicable, for each establishment in which such food is
manufactured. A risk management plan under this subsection--
``(1) may identify and evaluate risks to the supply of more
than one critical food, or critical food category,
manufactured at the same establishment;
``(2) may identify mechanisms by which the manufacturer
would mitigate the impacts of a supply disruption through
alternative production sites, alternative suppliers,
stockpiling of inventory, or other means; and
``(3) shall be subject to inspection and copying by the
Secretary pursuant to an inspection under section 704.
``(c) Failure To Meet Requirements.--
``(1) In general.--If a person fails to submit information
required under, and in accordance with, subsection (a)--
``(A) the Secretary shall issue a letter to such person
informing such person of such failure; and
``(B) not later than 45 calendar days after the issuance of
a letter under subparagraph (A), subject to paragraph (2),
the Secretary shall make available to the public on the
website of the Food and Drug Administration, with appropriate
redactions made to protect the information described in
subsection (a)(3)--
``(i) the letter issued under subparagraph (A); and
``(ii) at the request of such person, any response to such
letter such person submitted to the Secretary.
[[Page H10444]]
``(2) Exception.--If the Secretary determines that the
letter under paragraph (1) was issued in error or, after
review of such response, the person had a reasonable basis
for not submitting a notification as required under
subsection (a), the requirements of paragraph (1)(B) shall
not apply.''.
(l) Specialty Infant Formula for Importation.--Section 412
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a),
as amended by subsection (f)(2), is further amended by adding
at the end the following:
``(m) Waiver of Requirements for Importation of Specialty
Infant Formula.--
``(1) In general.--The Secretary may, during a shortage of
specialty infant formula as determined by the Secretary,
waive any requirement under this Act applicable to facilitate
the importation of specialty infant formula. Such a waiver
may be applicable to--
``(A) the importation of specialty infant formula from any
country that is determined by the Secretary to be
implementing and enforcing requirements for infant formula
that provide a similar assurance of safety and nutritional
adequacy as the requirements of this Act; or
``(B) the distribution and sale of such imported specialty
infant formula.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the authority of the Secretary to
require a recall of, or otherwise impose restrictions and
requirements under this Act with respect to, specialty infant
formula that is subject to a waiver under paragraph (1).
``(3) Definition of specialty infant formula.--In this
subsection, the term `specialty infant formula' means infant
formula described in subsection (h)(1).''.
(m) Importation for Personal Use.--
(1) In general.--Notwithstanding any provision of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
during the 90-day period beginning on the date of enactment
of this Act, an individual may, without prior notice to the
Food and Drug Administration, import up to a 3-month supply
of infant formula for personal use from--
(A) Canada;
(B) any country in the European Union; or
(C) any other country that is determined by the Secretary
to be implementing and enforcing requirements for infant
formula that provide a similar assurance of safety and
nutritional adequacy as the requirements of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
(2) Limitations.--Infant formula may be imported pursuant
to paragraph (1) only if the infant formula--
(A) is exclusively for personal use and will not be
commercialized or promoted; and
(B) does not present an unreasonable risk to human health.
(3) Reporting of adverse events.--If a health care provider
becomes aware of any adverse event which the health care
provider reasonably suspects to be associated with infant
formula imported pursuant to paragraph (1), the health care
provider shall report such adverse event to the Commissioner
of Food and Drugs.
(4) Public notice.--The Secretary, acting through the
Commissioner of Food and Drugs, shall post on the public
website of the Food and Drug Administration notice that--
(A) infant formula imported pursuant to paragraph (1) may
not have been manufactured in a facility that has been
inspected by the Food and Drug Administration;
(B) the labeling of such infant formula may not meet the
standards and other requirements applicable with respect to
infant formula under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.); and
(C) the nutritional content of infant formula imported
pursuant to paragraph (1) may vary from that of infant
formula meeting such standards and other requirements.
(5) Sense of congress.--It is the sense of Congress that
persons considering the personal importation of infant
formula should consult with their pediatrician about such
importation.
Subtitle E--Cosmetics
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Modernization of
Cosmetics Regulation Act of 2022''.
SEC. 3502. AMENDMENTS TO COSMETIC REQUIREMENTS.
Chapter VI of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 361 et seq.) is amended by adding at the end the
following:
``SEC. 604. DEFINITIONS.
``In this chapter:
``(1) Adverse event.--The term `adverse event' means any
health-related event associated with the use of a cosmetic
product that is adverse.
``(2) Cosmetic product.--The term `cosmetic product' means
a preparation of cosmetic ingredients with a qualitatively
and quantitatively set composition for use in a finished
product.
``(3) Facility.--
``(A) In general.--The term `facility' includes any
establishment (including an establishment of an importer)
that manufactures or processes cosmetic products distributed
in the United States.
``(B) Such term does not include any of the following:
``(i) Beauty shops and salons, unless such establishment
manufactures or processes cosmetic products at that location.
``(ii) Cosmetic product retailers, including individual
sales representatives, direct sellers (as defined in section
3508(b)(2) of the Internal Revenue Code of 1986), retail
distribution facilities, and pharmacies, unless such
establishment manufactures or processes cosmetic products
that are not sold directly to consumers at that location.
``(iii) Hospitals, physicians' offices, and health care
clinics.
``(iv) Public health agencies and other nonprofit entities
that provide cosmetic products directly to the consumer.
``(v) Entities (such as hotels and airlines) that provide
complimentary cosmetic products to customers incidental to
other services.
``(vi) Trade shows and other venues where cosmetic product
samples are provided free of charge.
``(vii) An establishment that manufactures or processes
cosmetic products that are solely for use in research or
evaluation, including for production testing and not offered
for retail sale.
``(viii) An establishment that solely performs one or more
of the following with respect to cosmetic products:
``(I) Labeling.
``(II) Relabeling.
``(III) Packaging.
``(IV) Repackaging.
``(V) Holding.
``(VI) Distributing.
``(C) Clarification.--For the purposes of subparagraph
(B)(viii), the terms `packaging' and `repackaging' do not
include filling a product container with a cosmetic product.
``(4) Responsible person.--The term `responsible person'
means the manufacturer, packer, or distributor of a cosmetic
product whose name appears on the label of such cosmetic
product in accordance with section 609(a) of this Act or
section 4(a) of the Fair Packaging and Labeling Act.
``(5) Serious adverse event.--The term `serious adverse
event' means an adverse event that--
``(A) results in--
``(i) death;
``(ii) a life-threatening experience;
``(iii) inpatient hospitalization;
``(iv) a persistent or significant disability or
incapacity;
``(v) a congenital anomaly or birth defect;
``(vi) an infection; or
``(vii) significant disfigurement (including serious and
persistent rashes, second- or third-degree burns, significant
hair loss, or persistent or significant alteration of
appearance), other than as intended, under conditions of use
that are customary or usual; or
``(B) requires, based on reasonable medical judgment, a
medical or surgical intervention to prevent an outcome
described in subparagraph (A).
``SEC. 605. ADVERSE EVENTS.
``(a) Serious Adverse Event Reporting Requirements.--The
responsible person shall submit to the Secretary any report
received of a serious adverse event associated with the use,
in the United States, of a cosmetic product manufactured,
packed, or distributed by such person.
``(b) Submission of Reports.--
``(1) Serious adverse event report.--The responsible person
shall submit to the Secretary a serious adverse event report
accompanied by a copy of the label on or within the retail
packaging of such cosmetic product no later than 15 business
days after the report is received by the responsible person.
``(2) New medical information.--The responsible person
shall submit to the Secretary any new and material medical
information, related to a serious adverse event report
submitted to the Secretary in accordance with paragraph (1),
that is received by the responsible person within 1 year of
the initial report to the Secretary, no later than 15
business days after such information is received by such
responsible person.
``(3) Consolidation of reports.--The Secretary shall
develop systems to enable responsible persons to submit a
single report that includes duplicate reports of, or new
medical information related to, a serious adverse event.
``(c) Exemptions.--The Secretary may establish by
regulation an exemption to any of the requirements of this
section if the Secretary determines that such exemption would
have no significant adverse effect on public health.
``(d) Contact Information.--The responsible person shall
receive reports of adverse events through the domestic
address, domestic telephone number, or electronic contact
information included on the label in accordance with section
609(a).
``(e) Maintenance and Inspection of Adverse Event
Records.--
``(1) Maintenance.--The responsible person shall maintain
records related to each report of an adverse event associated
with the use, in the United States, of a cosmetic product
manufactured or distributed by such person received by such
person, for a period of 6 years, except that a responsible
person that is considered a small business for the purposes
of section 612, who does not engage in the manufacturing or
processing of the cosmetic products described in subsection
612(b), shall maintain such records for a period of 3 years.
``(2) Inspection.--
``(A) In general.-- The responsible person shall permit an
authorized person to have access to records required to be
maintained under this section during an inspection pursuant
to section 704.
``(B) Authorized person.--For purposes of this paragraph,
the term `authorized person' means an officer or employee of
the Department of Health and Human Services who has--
``(i) appropriate credentials, as determined by the
Secretary; and
``(ii) been duly designated by the Secretary to have access
to the records required under this section.
``(f) Fragrance and Flavor Ingredients.--If the Secretary
has reasonable grounds to believe that an ingredient or
combination of ingredients in a fragrance or flavor has
caused or contributed to a serious adverse event required to
be reported under this section, the Secretary may request in
writing a list of such ingredients or categories of
ingredients in the specific fragrances or flavors in the
cosmetic product, from the responsible person. The
responsible person shall
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ensure that the requested information is submitted to the
Secretary within 30 days of such request. In response to a
request under section 552 of title 5, United States Code,
information submitted to the Secretary under this subsection
shall be withheld under section 552(b)(3) of title 5, United
States Code.
``(g) Protected Information.--A serious adverse event
report submitted to the Secretary under this section,
including any new medical information submitted under
subsection (b)(2), or an adverse event report, or any new
information, voluntarily submitted to the Secretary shall be
considered to be--
``(1) a safety report under section 756 and may be
accompanied by a statement, which shall be a part of any
report that is released for public disclosure, that denies
that the report or the records constitute an admission that
the product involved caused or contributed to the adverse
event; and
``(2) a record about an individual under section 552a of
title 5, United States Code (commonly referred to as the
`Privacy Act of 1974') and a medical or similar file the
disclosure of which would constitute a violation of section
552 of such title 5 (commonly referred to as the `Freedom of
Information Act'), and shall not be publicly disclosed unless
all personally identifiable information is redacted.
``(h) Effect of Section.--
``(1) In general.--Nothing in this section shall affect the
authority of the Secretary to provide adverse event reports
and information to any health, food, or drug officer or
employee of any State, territory, or political subdivision of
a State or territory, under a memorandum of understanding
between the Secretary and such State, territory, or political
subdivision.
``(2) Personally identifiable information.--Notwithstanding
any other provision of law, personally-identifiable
information in adverse event reports provided by the
Secretary to any health, food, or drug officer or employee of
any State, territory, or political subdivision of a State or
territory, shall not--
``(A) be made publicly available pursuant to any State or
other law requiring disclosure of information or records; or
``(B) otherwise be disclosed or distributed to any party
without the written consent of the Secretary and the person
submitting such information to the Secretary.
``(3) Use of reports.--Nothing in this section shall permit
a State, territory, or political subdivision of a State or
territory, to use any safety report received from the
Secretary in a manner inconsistent with this section.
``(4) Rule of construction.--The submission of any report
in compliance with this section shall not be construed as an
admission that the cosmetic product involved caused or
contributed to the relevant adverse event.
``SEC. 606. GOOD MANUFACTURING PRACTICE.
``(a) In General.--The Secretary shall by regulation
establish good manufacturing practices for facilities that
are consistent, to the extent practicable, and appropriate,
with national and international standards, in accordance with
section 601. Any such regulations shall be intended to
protect the public health and ensure that cosmetic products
are not adulterated. Such regulations may allow for the
Secretary to inspect records necessary to demonstrate
compliance with good manufacturing practices prescribed by
the Secretary under this paragraph during an inspection
conducted under section 704.
``(b) Considerations.--In establishing regulations for good
manufacturing practices under this section, the Secretary
shall take into account the size and scope of the businesses
engaged in the manufacture of cosmetics, and the risks to
public health posed by such cosmetics, and provide sufficient
flexibility to be practicable for all sizes and types of
facilities to which such regulations will apply. Such
regulations shall include simplified good manufacturing
practice requirements for smaller businesses, as appropriate,
to ensure that such regulations do not impose undue economic
hardship for smaller businesses, and may include longer
compliance times for smaller businesses. Before issuing
regulations to implement subsection (a), the Secretary shall
consult with cosmetics manufacturers, including smaller
businesses, consumer organizations, and other experts
selected by the Secretary.
``(c) Timeframe.--The Secretary shall publish a notice of
proposed rulemaking not later than 2 years after the date of
enactment of the Modernization of Cosmetics Regulation Act of
2022 and shall publish a final such rule not later than 3
years after such date of enactment.
``SEC. 607. REGISTRATION AND PRODUCT LISTING.
``(a) Submission of Registration.--
``(1) Initial registration.--
``(A) Existing facilities.--Every person that, on the date
of enactment of the Modernization of Cosmetics Regulation Act
of 2022, owns or operates a facility that engages in the
manufacturing or processing of a cosmetic product for
distribution in the United States shall register each
facility with the Secretary not later than 1 year after date
of enactment of such Act.
``(B) New facilities.--Every person that owns or operates a
facility that first engages, after the date of enactment of
the Modernization of Cosmetics Regulation Act of 2022, in
manufacturing or processing of a cosmetic product for
distribution in the United States, shall register with the
Secretary such facility within 60 days of first engaging in
such activity or 60 days after the deadline for registration
under subparagraph (A), whichever is later.
``(2) Biennial renewal of registration.--A person required
to register a facility under paragraph (1) shall renew such
registrations with the Secretary biennially.
``(3) Contract manufacturers.--If a facility manufactures
or processes cosmetic products on behalf of a responsible
person, the Secretary shall require only a single
registration for such facility even if such facility is
manufacturing or processing its own cosmetic products or
cosmetic products on behalf of more than one responsible
person. Such single registration may be submitted to the
Secretary by such facility or any responsible person whose
products are manufactured or processed at such facility.
``(4) Updates to content.--A person that is required to
register under subsection (a)(1) shall notify the Secretary
within 60 days of any changes to information required under
subsection (b)(2).
``(5) Abbreviated renewal registrations.--The Secretary
shall provide for an abbreviated registration renewal process
for any person that owns or operates a facility that has not
been required to submit updates under paragraph (4) for a
registered facility since submission of the most recent
registration of such facility under paragraph (1) or (2).
``(b) Format; Contents of Registration.--
``(1) In general.--Registration information under this
section may be submitted at such time and in such manner as
the Secretary may prescribe.
``(2) Contents.--The registration under subsection (a)
shall contain--
``(A) the facility's name, physical address, email address,
and telephone number;
``(B) with respect to any foreign facility, the contact for
the United States agent of the facility, and, if available,
the electronic contact information;
``(C) the facility registration number, if any, previously
assigned by the Secretary under subsection (d);
``(D) all brand names under which cosmetic products
manufactured or processed in the facility are sold; and
``(E) the product category or categories and responsible
person for each cosmetic product manufactured or processed at
the facility.
``(c) Cosmetic Product Listing.--
``(1) In general.--For each cosmetic product, the
responsible person shall submit to the Secretary a cosmetic
product listing, or ensure that such submission is made, at
such time and in such manner as the Secretary may prescribe.
``(2) Cosmetic product listing.--The responsible person of
a cosmetic product that is marketed on the date of enactment
of the Modernization of Cosmetics Regulation Act of 2022
shall submit to the Secretary a cosmetic product listing not
later than 1 year after the date of enactment of the
Modernization of Cosmetics Regulation Act of 2022, or for a
cosmetic product that is first marketed after the date of
enactment of such Act, within 120 days of marketing such
product in interstate commerce. Thereafter, any updates to
such listing shall be made annually, consistent with
paragraphs (4) and (5).
``(3) Abbreviated renewal.--The Secretary shall provide for
an abbreviated process for the renewal of any cosmetic
product listing under this subsection with respect to which
there has been no change since the responsible person
submitted the previous listing.
``(4) Contents of listing.--
``(A) In general.--Each such cosmetic product listing shall
include--
``(i) the facility registration number of each facility
where the cosmetic product is manufactured or processed;
``(ii) the name and contact number of the responsible
person and the name for the cosmetic product, as such name
appears on the label;
``(iii) the applicable cosmetic category or categories for
the cosmetic product;
``(iv) a list of ingredients in the cosmetic product,
including any fragrances, flavors, or colors, with each
ingredient identified by the name, as required under section
701.3 of title 21, Code of Federal Regulations (or any
successor regulations), or by the common or usual name of the
ingredient; and
``(v) the product listing number, if any previously
assigned by the Secretary under subsection (d).
``(B) Flexible listings.--A single listing submission for a
cosmetic product may include multiple cosmetic products with
identical formulations, or formulations that differ only with
respect to colors, fragrances or flavors, or quantity of
contents.
``(5) Updates to content.--A responsible person that is
required to submit a cosmetic product listing shall submit
any updates to such cosmetic product listing annually.
``(6) Submission.--A responsible person may submit product
listing information as part of a facility registration or
separately.
``(d) Facility Registration and Product Listing Numbers.--
At the time of the initial registration of any facility under
subsection (a)(1) or initial listing of any cosmetic product
under (c)(1), the Secretary shall assign a facility
registration number to the facility and a product listing
number to each cosmetic product. The Secretary shall not make
such product listing number publicly available.
``(e) Confidentiality.--In response to a request under
section 552 of title 5, United States Code, information
described in subsection (b)(2)(D) or (c)(4)(A)(i) that is
derived from a registration or listing under this section
shall be withheld under section 552(b)(3) of title 5, United
States Code.
``(f) Suspensions.--
``(1) Suspension of registration of a facility.--The
Secretary may suspend the registration of a facility if the
Secretary determines that a cosmetic product manufactured or
processed by a registered facility and distributed in the
United States has a reasonable probability of causing serious
adverse health consequences or death to humans and the
Secretary has a reasonable belief that other products
manufactured or processed by the facility may be similarly
affected because of a failure that cannot be isolated to a
product or products, or is sufficiently
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pervasive to raise concerns about other products manufactured
in the facility.
``(2) Notice of suspension.--Before suspending a facility
registration under this section, the Secretary shall
provide--
``(A) notice to the facility registrant of the cosmetic
product or other responsible person, as appropriate, of the
intent to suspend the facility registration, which shall
specify the basis of the determination by the Secretary that
the facility registration should be suspended; and
``(B) an opportunity, within 5 business days of the notice
provided under subparagraph (A), for the responsible person
to provide a plan for addressing the reasons for possible
suspension of the facility registration.
``(3) Hearing on suspension.--The Secretary shall provide
the registrant subject to an order under paragraph (1) or (2)
with an opportunity for an informal hearing, to be held as
soon as possible but not later than 5 business days after the
issuance of the order, or such other time period agreed upon
by the Secretary and the registrant, on the actions required
for reinstatement of registration and why the registration
that is subject to the suspension should be reinstated. The
Secretary shall reinstate a registration if the Secretary
determines, based on evidence presented, that adequate
grounds do not exist to continue the suspension of the
registration.
``(4) Post-hearing corrective action plan.--If, after
providing opportunity for an informal hearing under paragraph
(3), the Secretary determines that the suspension of
registration remains necessary, the Secretary shall require
the registrant to submit a corrective action plan to
demonstrate how the registrant plans to correct the
conditions found by the Secretary. The Secretary shall review
such plan not later than 14 business days after the
submission of the corrective action plan or such other time
period as determined by the Secretary, in consultation with
the registrant.
``(5) Vacating of order; reinstatement.--Upon a
determination by the Secretary that adequate grounds do not
exist to continue the suspension actions, the Secretary shall
promptly vacate the suspension and reinstate the registration
of the facility.
``(6) Effect of suspension.--If the registration of the
facility is suspended under this section, no person shall
introduce or deliver for introduction into commerce in the
United States cosmetic products from such facility.
``(7) No delegation.--The authority conferred by this
section to issue an order to suspend a registration or vacate
an order of suspension shall not be delegated to any officer
or employee other than the Commissioner.
``SEC. 608. SAFETY SUBSTANTIATION.
``(a) Substantiation of Safety.--A responsible person for a
cosmetic product shall ensure, and maintain records
supporting, that there is adequate substantiation of safety
of such cosmetic product.
``(b) Coal-Tar Hair Dye.--Subsection (a) shall not apply to
coal-tar hair dye that otherwise complies with the
requirements of section 601(a). A responsible person for a
coal-tar hair dye shall maintain records related to the
safety of such product.
``(c) Definitions.--For purposes of this section:
``(1) Adequate substantiation of safety.--The term
`adequate substantiation of safety' means tests or studies,
research, analyses, or other evidence or information that is
considered, among experts qualified by scientific training
and experience to evaluate the safety of cosmetic products
and their ingredients, sufficient to support a reasonable
certainty that a cosmetic product is safe.
``(2) Safe.--The term `safe' means that the cosmetic
product, including any ingredient thereof, is not injurious
to users under the conditions of use prescribed in the
labeling thereof, or under such conditions of use as are
customary or usual. The Secretary shall not consider a
cosmetic ingredient or cosmetic product injurious to users
solely because it can cause minor and transient reactions or
minor and transient skin irritations in some users. In
determining for purposes of this section whether a cosmetic
product is safe, the Secretary may consider, as appropriate
and available, the cumulative or other relevant exposure to
the cosmetic product, including any ingredient thereof.
``SEC. 609. LABELING.
``(a) General Requirement.--Each cosmetic product shall
bear a label that includes a domestic address, domestic phone
number, or electronic contact information, which may include
a website, through which the responsible person can receive
adverse event reports with respect to such cosmetic product.
``(b) Fragrance Allergens.--The responsible person shall
identify on the label of a cosmetic product each fragrance
allergen included in such cosmetic product. Substances that
are fragrance allergens for purposes of this subsection shall
be determined by the Secretary by regulation. The Secretary
shall issue a notice of proposed rulemaking promulgating the
regulation implementing this requirement not later than 18
months after the date of enactment of the Modernization of
Cosmetics Regulation Act of 2022, and not later than 180 days
after the date on which the public comment period on the
proposed rulemaking closes, shall issue a final rulemaking.
In promulgating regulations implementing this subsection, the
Secretary shall consider international, State, and local
requirements for allergen disclosure, including the substance
and format of requirements in the European Union, and may
establish threshold levels of amounts of substances subject
to disclosure pursuant to such regulations.
``(c) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--For purposes of this
subsection, the term `professional' means an individual who
is licensed by an official State authority to practice in the
field of cosmetology, nail care, barbering, or esthetics.
``(2) Professional use labeling.--A cosmetic product
introduced into interstate commerce and intended to be used
only by a professional shall bear a label that--
``(A) contains a clear and prominent statement that the
product shall be administered or used only by licensed
professionals; and
``(B) is in conformity with the requirements of the
Secretary for cosmetics labeling under this Act and section
4(a) of the Fair Packaging and Labeling Act.
``SEC. 610. RECORDS.
``(a) In General.--If the Secretary has a reasonable belief
that a cosmetic product, including an ingredient in such
cosmetic product, and any other cosmetic product that the
Secretary reasonably believes is likely to be affected in a
similar manner, is likely to be adulterated such that the use
or exposure to such product presents a threat of serious
adverse health consequences or death to humans, each
responsible person and facility shall, at the request of an
officer or employee duly designated by the Secretary, permit
such officer or employee, upon presentation of appropriate
credentials and a written notice to such person, at
reasonable times and within reasonable limits and in a
reasonable manner, to have access to and copy all records
relating to such cosmetic product, and to any other cosmetic
product that the Secretary reasonably believes is likely to
be affected in a similar manner, that are needed to assist
the Secretary in determining whether the cosmetic product is
adulterated and presents a threat of serious adverse health
consequences or death to humans. This subsection shall not be
construed to extend to recipes or formulas for cosmetics,
financial data, pricing data, personnel data (other than data
as to qualification of technical and professional personnel
performing functions subject to this Act), research data
(other than safety substantiation data for cosmetic products
and their ingredients), or sales data (other than shipment
data regarding sales).
``(b) Rule of Construction.--Nothing in this section shall
be construed to limit the authority of the Secretary to
inspect records or require establishment and maintenance of
records under any other provision of this Act, including
section 605 or 606.
``SEC. 611. MANDATORY RECALL AUTHORITY.
``(a) In General.--If the Secretary determines that there
is a reasonable probability that a cosmetic is adulterated
under section 601 or misbranded under section 602 and the use
of or exposure to such cosmetic will cause serious adverse
health consequences or death, the Secretary shall provide the
responsible person with an opportunity to voluntarily cease
distribution and recall such article. If the responsible
person refuses to or does not voluntarily cease distribution
or recall such cosmetic within the time and manner prescribed
by the Secretary (if so prescribed), the Secretary may, by
order, require, as the Secretary determines necessary, such
person to immediately cease distribution of such article.
``(b) Hearing.--The Secretary shall provide the responsible
person who is subject to an order under subsection (a) with
an opportunity for an informal hearing, to be held not later
than 10 days after the date of issuance of the order, on
whether adequate evidence exists to justify the order.
``(c) Order Resolution.--After an order is issued according
to the process under subsections (a) and (b), the Secretary
shall, except as provided in subsection (d)--
``(1) vacate the order, if the Secretary determines that
inadequate grounds exist to support the actions required by
the order;
``(2) continue the order ceasing distribution of the
cosmetic until a date specified in such order; or
``(3) amend the order to require a recall of the cosmetic,
including any requirements to notify appropriate persons, a
timetable for the recall to occur, and a schedule for updates
to be provided to the Secretary regarding such recall.
``(d) Action Following Order.--Any person who is subject to
an order pursuant to paragraph (2) or (3) of subsection (c)
shall immediately cease distribution of or recall, as
applicable, the cosmetic and provide notification as required
by such order.
``(e) Notice to Persons Affected.--If the Secretary
determines necessary, the Secretary may require the person
subject to an order pursuant to subsection (a) or an amended
order pursuant to paragraph (2) or (3) of subsection (c) to
provide either a notice of a recall order for, or an order to
cease distribution of, such cosmetic, as applicable, under
this section to appropriate persons, including persons who
manufacture, distribute, import, or offer for sale such
product that is the subject of an order and to the public.
``(f) Public Notification.--In conducting a recall under
this section, the Secretary shall--
``(1) ensure that a press release is published regarding
the recall, and that alerts and public notices are issued, as
appropriate, in order to provide notification--
``(A) of the recall to consumers and retailers to whom such
cosmetic was, or may have been, distributed; and
``(B) that includes, at a minimum--
``(i) the name of the cosmetic subject to the recall;
``(ii) a description of the risk associated with such
article; and
``(iii) to the extent practicable, information for
consumers about similar cosmetics that are not affected by
the recall; and
``(2) ensure publication, as appropriate, on the website of
the Food and Drug Administration of an image of the cosmetic
that is the subject of the press release described in
paragraph (1), if available.
[[Page H10447]]
``(g) No Delegation.--The authority conferred by this
section to order a recall or vacate a recall order shall not
be delegated to any officer or employee other than the
Commissioner.
``(h) Effect.--Nothing in this section shall affect the
authority of the Secretary to request or participate in a
voluntary recall, or to issue an order to cease distribution
or to recall under any other provision of this chapter.
``SEC. 612. SMALL BUSINESSES.
``(a) In General.--Responsible persons, and owners and
operators of facilities, whose average gross annual sales in
the United States of cosmetic products for the previous 3-
year period is less than $1,000,000, adjusted for inflation,
and who do not engage in the manufacturing or processing of
the cosmetic products described in subsection (b), shall be
considered small businesses and not subject to the
requirements of section 606 or 607.
``(b) Requirements Applicable to All Manufacturers and
Processors of Cosmetics.--The exemptions under subsection (a)
shall not apply to any responsible person or facility engaged
in the manufacturing or processing of any of the following
products:
``(1) Cosmetic products that regularly come into contact
with mucus membrane of the eye under conditions of use that
are customary or usual.
``(2) Cosmetic products that are injected.
``(3) Cosmetic products that are intended for internal use.
``(4) Cosmetic products that are intended to alter
appearance for more than 24 hours under conditions of use
that are customary or usual and removal by the consumer is
not part of such conditions of use that are customary or
usual.
``SEC. 613. EXEMPTION FOR CERTAIN PRODUCTS AND FACILITIES.
``(a) In General.--Notwithstanding any other provision of
law, except as provided in subsection (b), a cosmetic product
or facility that is also subject to the requirements of
chapter V shall be exempt from the requirements of sections
605, 606, 607, 608, 609(a), 610, and 611.
``(b) Exception.--A facility described in subsection (a)
that also manufactures or processes cosmetic products that
are not subject to the requirements of chapter V shall not be
exempt from the requirements of sections 605, 606, 607, 608,
609(a), 610, and 611, with respect to such cosmetic products.
``SEC. 614. PREEMPTION.
``(a) In General.--No State or political subdivision of a
State may establish or continue in effect any law,
regulation, order, or other requirement for cosmetics that is
different from or in addition to, or otherwise not identical
with, any requirement applicable under this chapter with
respect to registration and product listing, good
manufacturing practice, records, recalls, adverse event
reporting, or safety substantiation.
``(b) Limitation.--Nothing in the amendments to this Act
made by the Modernization of Cosmetics Regulation Act of 2022
shall be construed to preempt any State statute, public
initiative, referendum, regulation, or other State action,
except as expressly provided in subsection (a).
Notwithstanding subsection (a), nothing in this section shall
be construed to prevent any State from prohibiting the use or
limiting the amount of an ingredient in a cosmetic product,
or from continuing in effect a requirement of any State that
is in effect at the time of enactment of the Modernization of
Cosmetics Regulation Act of 2022 for the reporting to the
State of an ingredient in a cosmetic product.
``(c) Savings.--Nothing in the amendments to this Act made
by the Modernization of Cosmetics Regulation Act of 2022, nor
any standard, rule, requirement, regulation, or adverse event
report shall be construed to modify, preempt, or displace any
action for damages or the liability of any person under the
law of any State, whether statutory or based in common law.
``(d) Rule of Construction.--Nothing in this section shall
be construed to amend, expand, or limit the provisions under
section 752.''.
SEC. 3503. ENFORCEMENT AND CONFORMING AMENDMENTS.
(a) In General.--
(1) Prohibited acts.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331), as amended by section
3210, is further amended--
(A) by adding at the end the following:
``(hhh) The failure to register or submit listing
information in accordance with section 607.
``(iii) The refusal or failure to follow an order under
section 611.''; and
(B) in paragraph (d), by striking ``or 564'' and inserting
``, 564, or 607''.
(2) Adulterated products.--Section 601 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 361) is amended by adding
at the end the following:
``(f) If it has been manufactured or processed under
conditions that do not meet the good manufacturing practice
requirements of section 606.
``(g) If it is a cosmetic product, and the cosmetic
product, including each ingredient in the cosmetic product,
does not have adequate substantiation for safety, as defined
in section 608(c).''.
(3) Misbranded cosmetics.--Section 602(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 362(b)) is amended--
(A) by striking ``and (2)'' and inserting ``(2)''; and
(B) by inserting after ``numerical count'' the following:
``; and (3) the information required under section 609''.
(4) Adverse event reporting.--The Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
(A) in section 301(e) (21 U.S.C. 331(e))--
(i) by striking ``564, 703'' and inserting ``564, 605,
703''; and
(ii) by striking ``564, 760'' and inserting ``564, 605,
611, 760'';
(B) in section 301(ii) (21 U.S.C. 331(ii))--
(i) by striking ``760 or 761) or'' and inserting ``604,
760, or 761) or''; and
(ii) by inserting ``or required under section 605(a)''
after ``report (as defined under section 760 or 761'';
(C) in section 801(a) (21 U.S.C. 381(a))--
(i) by striking ``under section 760 or 761'' and inserting
``under section 605, 760, or 761'';
(ii) by striking ``defined in such section 760 or 761'' and
inserting ``defined in section 604, 760, or 761'';
(iii) by striking ``of such section 760 or 761'' and
inserting ``of such section 605, 760, or 761''; and
(iv) by striking ``described in such section 760 or 761''
and inserting ``described in such section 605, 760, or 761'';
and
(D) in section 801(b) (21 U.S.C. 381(b))--
(i) by striking ``requirements of sections 760 or 761,''
and inserting ``requirements of section 605, 760, or 761'';
(ii) by striking ``as defined in section 760 or 761'' and
inserting ``as defined in section 604, 760, or 761''; and
(iii) by striking ``with section 760 or 761'' and inserting
``with section 605, 760, or 761''.
(b) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date that is 1 year after the date
of enactment of this Act.
(2) Labeling requirement.--Section 609(a) of the Federal
Food, Drug, and Cosmetic Act, as added by section 802, shall
take effect on the date that is 2 years after the date of
enactment of this Act.
(c) Confidentiality.--
(1) In general.--The Secretary shall take appropriate
measures to ensure that there are in effect effective
procedures to prevent the unauthorized disclosure of any
trade secret or confidential commercial information that is
obtained by the Secretary of Health and Human Services
pursuant to this subtitle, including the amendments made by
this subtitle.
(2) Clarification.--Nothing in this subtitle, including the
amendments made by this subtitle, shall be construed to
authorize the disclosure of information that is prohibited
from disclosure under section 301(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(j)) or section 1905 of
title 18, United States Code, or that is subject to
withholding under section 552(b)(4) of title 5, United States
Code.
SEC. 3504. RECORDS INSPECTION.
Section 704(a)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 374(a)(1)) is amended by inserting after the
second sentence the following: ``In the case of a facility
(as defined in section 604) that manufactures or processes
cosmetic products, the inspection shall extend to all records
and other information described in sections 605, 606, and
610, when the standard for records inspection under such
section applies.''.
SEC. 3505. TALC-CONTAINING COSMETICS.
The Secretary of Health and Human Services--
(1) not later than one year after the date of enactment of
this Act, shall promulgate proposed regulations to establish
and require standardized testing methods for detecting and
identifying asbestos in talc-containing cosmetic products;
and
(2) not later than 180 days after the date on which the
public comment period on the proposed regulations closes,
shall issue such final regulations.
SEC. 3506. PFAS IN COSMETICS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
assess the use of perfluoroalkyl and polyfluoroalkyl
substances in cosmetic products and the scientific evidence
regarding the safety of such use in cosmetic products,
including any risks associated with such use. In conducting
such assessment, the Secretary may, as appropriate, consult
with the National Center for Toxicological Research.
(b) Report.--Not later than 3 years after enactment of this
Act, the Secretary shall publish on the website of the Food
and Drug Administration a report summarizing the results of
the assessment conducted under subsection (a).
SEC. 3507. SENSE OF THE CONGRESS ON ANIMAL TESTING.
It is the sense of the Congress that animal testing should
not be used for the purposes of safety testing on cosmetic
products and should be phased out with the exception of
appropriate allowances.
SEC. 3508. FUNDING.
There is authorized to be appropriated $14,200,000 for
fiscal year 2023, $25,960,000 for fiscal year 2024, and
$41,890,000 for each of fiscal years 2025 through 2027, for
purposes of conducting the activities under this subtitle
(including the amendments made by this subtitle) and hiring
personnel required to carry out this subtitle (including the
amendments made by this subtitle).
Subtitle F--Cross-Cutting Provisions
CHAPTER 1--CLINICAL TRIAL DIVERSITY AND MODERNIZATION
SEC. 3601. DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.
(a) Drugs.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended by adding at the end
the following:
``(z)(1) With respect to a clinical investigation of a new
drug that is a phase 3 study, as defined in section 312.21(c)
of title 21, Code of Federal Regulations (or successor
regulations), or, as appropriate, another pivotal study of a
new drug (other than bioavailability or bioequivalence
studies), the sponsor of such drug shall submit to the
Secretary a diversity action plan.
``(2) Such diversity action plan shall include--
``(A) the sponsor's goals for enrollment in such clinical
study;
[[Page H10448]]
``(B) the sponsor's rationale for such goals; and
``(C) an explanation of how the sponsor intends to meet
such goals.
``(3) The sponsor shall submit to the Secretary such
diversity action plan, in the form and manner specified by
the Secretary in guidance, as soon as practicable but not
later than the date on which the sponsor submits the protocol
to the Secretary for such a phase 3 study or other pivotal
study of the drug. The sponsor may submit modifications to
the diversity action plan. Any such modifications shall be in
the form and manner specified by the Secretary in guidance.
``(4)(A) On the initiative of the Secretary or at the
request of a sponsor, the Secretary may waive any requirement
in paragraph (1), (2), or (3) if the Secretary determines
that a waiver is necessary based on what is known or what can
be determined about the prevalence or incidence of the
disease or condition for which the new drug is under
investigation (including in terms of the patient population
that may use the drug), if conducting a clinical
investigation in accordance with a diversity action plan
would otherwise be impracticable, or if such waiver is
necessary to protect public health during a public health
emergency.
``(B) The Secretary shall issue a written response granting
or denying a request from a sponsor for a waiver within 60
days of receiving such request.
``(5) No diversity action plan shall be required for a
submission described in section 561.''.
(b) Devices.--Section 520(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360j(g)) is amended by adding at the
end the following:
``(9)(A)(i) The sponsor of a device for which submission of
an application for an investigational device exemption is
required shall submit to the Secretary in such application a
diversity action plan for clinical studies of the device, in
the form and manner specified in guidance issued by the
Secretary.
``(ii) The sponsor of a device for which submission of an
application for an investigational device exemption is not
required, except for a device being studied as described in
section 812.2(c) of title 21, Code of Federal Regulations (or
successor regulations), shall develop a diversity action plan
for any clinical study with respect to the device. Such
diversity action plan shall be submitted to the Secretary in
any premarket notification under section 510(k), request for
classification under section 513(f)(2), or application for
premarket approval under section 515 for such device.
``(B) A diversity action plan under clause (i) or (ii) of
subparagraph (A) shall include--
``(i) the sponsor's goals for enrollment in the clinical
study;
``(ii) the sponsor's rationale for such goals; and
``(iii) an explanation of how the sponsor intends to meet
such goals.
``(C)(i) On the initiative of the Secretary or at the
request of a sponsor, the Secretary may waive any requirement
in subparagraph (A) or (B) if the Secretary determines that a
waiver is necessary based on what is known or can be
determined about the prevalence or incidence of the disease
or condition for which the device is under investigation
(including in terms of the patient population that may use
the device), if conducting a clinical investigation in
accordance with a diversity action plan would otherwise be
impracticable, or if such waiver is necessary to protect
public health during a public health emergency.
``(ii) The Secretary shall issue a written response
granting or denying a request from a sponsor for a waiver
within 60 days of receiving such request.
``(D) No diversity action plan shall be required for a
submission described in section 561.''.
SEC. 3602. GUIDANCE ON DIVERSITY ACTION PLANS FOR CLINICAL
STUDIES.
(a) In General.--The Secretary shall update or issue
guidance relating to--
(1) the format and content of the diversity action plans
required by sections 505(z) and 520(g)(9) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(z); 360j(g)(9))
(as amended by section 3601) pertaining to the sponsor's
goals for clinical study enrollment, disaggregated by age
group, sex, and racial and ethnic demographic characteristics
of clinically relevant study populations, and may include
characteristics such as geographic location and socioeconomic
status, including with respect to--
(A) the rationale for the sponsor's enrollment goals, which
may include--
(i) the estimated prevalence or incidence in the United
States of the disease or condition for which the drug or
device is being investigated in the relevant clinical trial,
if such estimated prevalence or incidence is known or can be
determined based on available data;
(ii) what is known about the disease or condition for which
the drug or device is being investigated;
(iii) any relevant pharmacokinetic or pharmacogenomic data;
(iv) what is known about the patient population for such
disease or condition, including, to the extent data is
available--
(I) demographic information, which may include age group,
sex, race, geographic location, socioeconomic status, and
ethnicity;
(II) non-demographic factors, including co-morbidities
affecting the patient population; and
(III) potential barriers to enrolling diverse participants,
such as patient population size, geographic location, and
socioeconomic status; and
(v) any other data or information relevant to selecting
appropriate enrollment goals, disaggregated by demographic
subgroup, such as the inclusion of pregnant and lactating
women; and
(B) an explanation for how the sponsor intends to meet such
goals, including demographic-specific outreach and enrollment
strategies, study-site selection, clinical study inclusion
and exclusion practices, and any diversity training for study
personnel;
(2) submission of any modifications to the diversity action
plan;
(3) considerations for the public posting by a sponsor of
key information from the diversity action plan that would be
useful to patients and providers on the sponsor's website, as
appropriate;
(4) criteria that the Secretary will consider in assessing
whether to grant a sponsor's request to waive the requirement
to submit a diversity action plan under section 505(z)(4) or
520(g)(9)(C) of the Federal Food, Drug, and Cosmetic Act (as
amended by section 3601); and
(5) how sponsors may include in regular reports otherwise
required by the Secretary--
(A) the sponsor's progress in meeting the goals referred to
in paragraph (1)(A); and
(B) any updates needed to be made to a diversity action
plan referred to in paragraph (1) to help meet goals referred
to in paragraph (1)(A); and
(C) if the sponsor does not expect to meet goals referred
to in paragraph (1)(A), the sponsor's reasons for why the
sponsor does not expect to meet such goals.
(b) Issuance.--The Secretary shall--
(1) not later than 12 months after the date of enactment of
this Act, issue new draft guidance or update existing draft
guidance described in subsection (a); and
(2) not later than 9 months after closing the comment
period on such draft guidance, finalize such guidance.
(c) Applicability.--Sections 505(z) and 520(g)(9) of the
Federal Food, Drug, and Cosmetic Act, as added by section
3601, shall apply only with respect to clinical
investigations for which enrollment commences after the date
that is 180 days after the publication of final guidance
required under this section.
SEC. 3603. PUBLIC WORKSHOPS TO ENHANCE CLINICAL STUDY
DIVERSITY.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary, in consultation with
drug sponsors, medical device sponsors, clinical research
organizations, academia, patients, and other stakeholders,
shall convene one or more public workshops to solicit input
from stakeholders on increasing the enrollment of
historically underrepresented populations in clinical studies
and encouraging clinical study participation that reflects
the prevalence of the disease or condition among demographic
subgroups, where appropriate, and other topics, including--
(1) how and when to collect and present the prevalence or
incidence data on a disease or condition by demographic
subgroup, including possible sources for such data and
methodologies for assessing such data;
(2) considerations for the dissemination, as appropriate,
after approval, of information to the public on clinical
study enrollment demographic data;
(3) the establishment of goals for enrollment in clinical
trials, including the relevance of the estimated prevalence
or incidence, as applicable, in the United States of the
disease or condition for which the drug or device is being
developed; and
(4) approaches to support inclusion of underrepresented
populations and to encourage clinical study participation
that reflects the population expected to use the drug or
device under study, including with respect to--
(A) the establishment of inclusion and exclusion criteria
for certain subgroups, such as pregnant and lactating women
and individuals with disabilities, including intellectual or
developmental disabilities or mental illness;
(B) considerations regarding informed consent with respect
to individuals with intellectual or developmental
disabilities or mental illness, including ethical and
scientific considerations;
(C) the appropriate use of decentralized trials or digital
health tools;
(D) clinical endpoints;
(E) biomarker selection; and
(F) studying analysis.
(b) Public Docket.--The Secretary shall establish a public
comment period to receive written comments related to the
topics addressed during each public workshop convened under
this section. The public comment period shall remain open for
60 days following the date on which each public workshop is
convened.
(c) Report.--Not later than 180 days after the close of the
public comment period for each public workshop convened under
this section, the Secretary shall make available on the
public website of the Food and Drug Administration a report
on the topics discussed at such workshop. The report shall
include a summary of topics and responses to any
recommendations raised in such workshop.
SEC. 3604. ANNUAL SUMMARY REPORT ON PROGRESS TO INCREASE
DIVERSITY IN CLINICAL STUDIES.
(a) In General.--Beginning not later than 2 years after the
date of enactment of this Act, and each year thereafter, the
Secretary shall submit to the Congress, and publish on the
public website of the Food and Drug Administration, a report
that--
(1) summarizes, in aggregate, the diversity action plans
received pursuant to section 505(z) or 520(g)(9) of the
Federal Food, Drug, and Cosmetic Act, as added by section
3601; and
(2) contains information, in the aggregate, on--
(A) for drugs, biological products, and devices approved,
licensed, cleared, or classified under section 505, 515,
510(k), or 513(f)(2) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C.
[[Page H10449]]
355; 360e; 360(k); and 360(f)(2)), or section 351(a) of the
Public Health Service Act (42 U.S.C. 262(a)), whether the
clinical studies conducted with respect to such applications
met the demographic subgroup enrollment goals from the
diversity action plan submitted for such applications; and
(B) the reasons provided, if any, for why enrollment goals
from submitted diversity action plans were not met.
(b) Confidentiality.--Nothing in this section shall be
construed as authorizing the Secretary to disclose any
information that is a trade secret or confidential
information subject to section 552(b)(4) of title 5, United
States Code, or section 1905 of title 18, United States Code.
SEC. 3605. PUBLIC MEETING ON CLINICAL STUDY FLEXIBILITIES
INITIATED IN RESPONSE TO COVID-19 PANDEMIC.
(a) In General.--Not later than 180 days after the date on
which the COVID-19 emergency period ends, the Secretary shall
convene a public meeting to discuss the recommendations
provided by the Food and Drug Administration during the
COVID-19 emergency period to mitigate disruption of clinical
studies, including recommendations detailed in the guidance
entitled ``Conduct of Clinical Trials of Medical Products
During the COVID-19 Public Health Emergency, Guidance for
Industry, Investigators, and Institutional Review Boards'',
as updated on August 8, 2021, and by any subsequent updates
to such guidance. The Secretary shall invite to such meeting
representatives from the pharmaceutical and medical device
industries who sponsored clinical studies during the COVID-19
emergency period and organizations representing patients.
(b) Topics.--Not later than 90 days after the date on which
the public meeting under subsection (a) is convened, the
Secretary shall make available on the public website of the
Food and Drug Administration a report on the topics discussed
at such meeting. Such topics shall include discussion of--
(1) the actions sponsors took to utilize such
recommendations and the frequency at which such
recommendations were employed;
(2) the characteristics of the sponsors, studies, and
patient populations impacted by such recommendations;
(3) a consideration of how recommendations intended to
mitigate disruption of clinical studies during the COVID-19
emergency period, including any recommendations to consider
decentralized clinical studies when appropriate, may have
affected access to clinical studies for certain patient
populations, especially unrepresented or underrepresented
racial and ethnic minorities; and
(4) recommendations for incorporating certain clinical
study disruption mitigation recommendations into current or
additional guidance to improve clinical study access and
enrollment of diverse patient populations.
(c) COVID-19 Emergency Period Defined.--In this section,
the term ``COVID-19 emergency period'' has the meaning given
the term ``emergency period'' in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).
SEC. 3606. DECENTRALIZED CLINICAL STUDIES.
(a) Guidance.--The Secretary shall--
(1) not later than 1 year after the date of enactment of
this Act, issue or revise draft guidance that includes
recommendations to clarify and advance the use of
decentralized clinical studies to support the development of
drugs and devices, including recommendations for how to
advance the use of flexible and novel clinical trial designs
and to help improve trial participant engagement,
recruitment, enrollment, and retention of a meaningfully
diverse clinical population, including with respect to race,
ethnicity, age, sex, and geographic location, when
appropriate; and
(2) not later than 1 year after closing the comment period
on such draft guidance, finalize such guidance.
(b) Content of Guidance.--The guidance under subsection (a)
shall address the following:
(1) Recommendations related to digital health technology or
other assessment options, such as telehealth, local
laboratories, local health care providers, or other options
for remote data collection, could support decentralized
clinical studies, including guidance on considerations for
selecting technological platforms and mediums, data
collection and use, data integrity and security, and
communication to study participants through digital
technology.
(2) Recommendations for subject recruitment, retention, and
engagement, including considerations for sponsors to minimize
or reduce burdens for clinical study participants through the
use of digital health technology, telehealth, local health
care providers and laboratories, health care provider home
visits, direct-to-participant engagement, electronic informed
consent, or other means, as appropriate.
(3) Recommendations with respect to the evaluation of data
collected within a decentralized clinical study setting.
(4) Recommendations for methods of remote data collection,
including clinical trial participant experience data, through
the use of digital health technologies, telemedicine, local
laboratories, local health care providers, or other options
for data collection.
(5) Considerations for sponsors to minimize or reduce
burdens for clinical trial participants associated with
participating in a clinical trial, such as the use of digital
technologies, telemedicine, local laboratories, local health
care providers, or other data collection or assessment
options, health care provider home visits, direct-to-
participant shipping of investigational drugs and devices,
and electronic informed consent, as appropriate.
(6) Recommendations regarding conducting decentralized
clinical trials to facilitate and encourage meaningful
diversity among clinical trial participants, including with
respect to race, ethnicity, age, sex, and geographic
location, as appropriate.
(7) Recommendations for strategies and methods for
recruiting, retaining, and engaging with clinical trial
participants, including communication regarding the role of
clinical trial participants and community partners to
facilitate clinical trial recruitment and engagement,
including with respect to diverse and underrepresented
populations, as appropriate.
(8) Considerations for review and oversight by sponsors and
institutional review boards, including remote trial
oversight.
(9) Recommendations for decentralized clinical trial
protocol designs and processes for evaluating such proposed
clinical trial designs.
(10) Recommendations related to digital health technology
and other remote assessment tools that may support
decentralized clinical trials, including guidance on
appropriate technological platforms and tools, data
collection and use, data integrity, and communication to
clinical trial participants through such technology.
(11) A description of the manner in which the Secretary
will assess or evaluate data collected within a decentralized
clinical trial to support the development of the drug or
device, if the manner is different from that used for a
nondecentralized trial.
(12) Considerations for sponsors to validate digital
technologies and establish appropriate clinical endpoints for
use in decentralized trials.
(13) Considerations for privacy and security of personally
identifiable information of trial participants.
(14) Considerations for conducting clinical trials using
centralized approaches in conjunction with decentralized
approaches.
(c) Definition.--In this section, the term ``decentralized
clinical study'' means a clinical study in which some or all
of the study-related activities occur at a location separate
from the investigator's location.
SEC. 3607. MODERNIZING CLINICAL TRIALS.
(a) Clarifying the Use of Digital Health Technologies in
Clinical Trials.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise
draft guidance regarding the appropriate use of digital
health technologies in clinical trials to help improve
recruitment for, retention in, participation in, and data
collection during, clinical trials, and provide for novel
clinical trial designs utilizing such technology for purposes
of supporting the development of, and review of applications
for, drugs and devices. Not later than 18 months after the
public comment period on such draft guidance ends, the
Secretary shall issue a revised draft guidance or final
guidance.
(2) Content.--The guidance described in paragraph (1) shall
include--
(A) recommendations for data collection methodologies by
which sponsors may incorporate the use of digital health
technologies in clinical trials to collect data remotely from
trial participants;
(B) considerations for privacy and security protections for
data collected during a clinical trial, including--
(i) recommendations for the protection of trial participant
data that are collected or used in research using digital
health technologies;
(ii) compliance with the regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note), subpart
B of part 50 of title 21, Code of Federal Regulations,
subpart C of part 56 of title 21, Code of Federal
Regulations, the Federal policy for the protection of human
subjects under subpart A of part 46 of title 45, Code of
Federal Regulations (commonly known as the ``Common Rule''),
and part 2 of title 42, Code of Federal Regulations (or any
successor regulations); and
(iii) recommendations for the protection of clinical trial
participant data against cybersecurity threats, as
applicable;
(C) considerations on data collection methods to help
increase recruitment of clinical trial participants and the
level of participation of such participants, reduce burden on
clinical trial participants, and optimize data quality;
(D) recommendations for the use of electronic methods to
obtain informed consent from clinical trial participants,
taking into consideration applicable Federal law, including
subpart B of part 50 of title 21, Code of Federal Regulations
(or successor regulations), and, as appropriate, State law;
(E) best practices for communication between sponsors and
the Secretary on the development of data collection methods;
(F) the appropriate format to submit such data to the
Secretary;
(G) a description of the manner in which the Secretary may
assess or evaluate data collected through digital health
technologies to support the development of the drug or
device;
(H) recommendations regarding the data and information
needed to demonstrate that a digital health technology is
fit-for-purpose for a clinical trial, and a description of
how the Secretary will evaluate such data and information;
and
(I) recommendations for increasing access to, and the use
of, digital health technologies in clinical trials to
facilitate the inclusion of diverse and underrepresented
populations, as appropriate, including considerations for
access to, and the use of, digital health technologies in
clinical trials by people with disabilities and pediatric
populations.
(b) Seamless and Concurrent Clinical Trials.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise
draft guidance on the use of seamless, concurrent, and other
innovative clinical trial designs to support the expedited
development and review of applications for drugs, as
[[Page H10450]]
appropriate. Not later than 18 months after the public
comment period on such draft guidance ends, the Secretary
shall issue a revised draft guidance or final guidance.
(2) Content.--The guidance described in paragraph (1) shall
include--
(A) recommendations on the use of expansion cohorts and
other seamless clinical trial designs to assess different
aspects of product candidates in one continuous trial,
including how such clinical trial designs can be used as part
of meeting the substantial evidence standard under section
505(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(d));
(B) recommendations on the use of clinical trial designs
that involve the concurrent conduct of different or multiple
clinical trial phases, and the concurrent conduct of
preclinical testing, to expedite the development of new drugs
and facilitate the timely collection of data;
(C) recommendations for how to streamline trial logistics
and facilitate the efficient collection and analysis of
clinical trial data, including any planned interim analyses
and how such analyses could be used to streamline the product
development and review processes;
(D) considerations to assist sponsors in ensuring the
rights, safety, and welfare of clinical trial participants,
maintaining compliance with good clinical practice
regulations, minimizing risks to clinical trial data
integrity, and ensuring the reliability of clinical trial
results;
(E) recommendations for communication between sponsors and
the Food and Drug Administration on the development of
seamless, concurrent, or other adaptive clinical trial
designs, including review of, and feedback on, clinical trial
protocols; and
(F) a description of the manner in which the Secretary will
assess or evaluate data collected through seamless,
concurrent, or other adaptive clinical trial designs to
support the development of drugs.
(c) International Harmonization.--The Secretary shall, as
appropriate, work with foreign regulators pursuant to
memoranda of understanding or other arrangements governing
the exchange of information to facilitate international
harmonization of the regulation and use of decentralized
clinical trials, digital technology in clinical trials, and
seamless, concurrent, and other adaptive or innovative
clinical trial designs.
CHAPTER 2--INSPECTIONS
SEC. 3611. DEVICE INSPECTIONS.
(a) In General.--Section 704(a)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)(1)) is amended by
striking ``restricted devices'' each place it appears and
inserting ``devices''.
(b) Records or Other Information.--
(1) Establishments.--Section 704(a)(4)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(4)(A)) is
amended--
(A) by striking ``an establishment that is engaged in the
manufacture, preparation, propagation, compounding, or
processing of a drug'' and inserting ``an establishment that
is engaged in the manufacture, preparation, propagation,
compounding, or processing of a drug or device, or a site or
facility that is subject to inspection under paragraph
(5)(C),''; and
(B) by striking ``records requested.'' and inserting the
following: ``records or other information requested and a
rationale for requesting such records or other information in
advance of, or in lieu of, an inspection.''.
(2) Guidance.--
(A) In general.--The Secretary shall issue or update
guidance describing--
(i) circumstances in which the Secretary intends to issue
requests for records or other information in advance of, or
in lieu of, an inspection under section 704(a)(4) of the
Federal Food, Drug, and Cosmetic Act, as amended by paragraph
(1);
(ii) processes for responding to such requests
electronically or in physical form; and
(iii) factors the Secretary intends to consider in
evaluating whether such records and other information are
provided within a reasonable timeframe, within reasonable
limits, and in a reasonable manner, accounting for resource
and other limitations that may exist, including for small
businesses.
(B) Timing.--The Secretary shall--
(i) not later than 1 year after the date of enactment of
this Act, issue draft guidance under subparagraph (A); and
(ii) not later than 1 year after the close of the comment
period for such draft guidance, issue final guidance under
subparagraph (A).
SEC. 3612. BIORESEARCH MONITORING INSPECTIONS.
(a) In General.--Section 704(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 374(a)) is amended by adding at
the end the following:
``(5)(A) The Secretary may, to ensure the accuracy and
reliability of studies and records or other information
described in subparagraph (B) and to assess compliance with
applicable requirements under this Act or the Public Health
Service Act, enter sites and facilities specified in
subparagraph (C) in order to inspect such records or other
information.
``(B) An inspection under this paragraph shall extend to
all records and other information related to the studies and
submissions described in subparagraph (E), including records
and information related to the conduct, results, and analyses
of, and the protection of human and animal trial participants
participating in, such studies.
``(C)(i) The sites and facilities subject to inspection by
the Secretary under this paragraph are those owned or
operated by a person described in clause (ii) and which are
(or were) utilized by such person in connection with--
``(I) developing an application or other submission to the
Secretary under this Act or the Public Health Service Act
related to marketing authorization for a product described in
paragraph (1);
``(II) preparing, conducting, or analyzing the results of a
study described in subparagraph (E); or
``(III) holding any records or other information described
in subparagraph (B).
``(ii) A person described in this clause is--
``(I) the sponsor of an application or submission specified
in subparagraph (E);
``(II) a person engaged in any activity described in clause
(i) on behalf of such a sponsor, through a contract, grant,
or other business arrangement with such sponsor;
``(III) an institutional review board, or other individual
or entity, engaged by contract, grant, or other business
arrangement with a nonsponsor in preparing, collecting, or
analyzing records or other information described in
subparagraph (B); or
``(IV) any person not otherwise described in this clause
that conducts, or has conducted, a study described in
subparagraph (E) yielding records or other information
described in subparagraph (B).
``(D)(i) Subject to clause (ii), an entity that owns or
operates any site or facility subject to inspection under
this paragraph shall provide the Secretary with access to
records and other information described in subparagraph (B)
that is held by or under the control of such entity,
including--
``(I) permitting the Secretary to record or copy such
information for purposes of this paragraph;
``(II) providing the Secretary with access to any
electronic information system utilized by such entity to
hold, process, analyze, or transfer any records or other
information described in subparagraph (B); and
``(III) permitting the Secretary to inspect the facilities,
equipment, written procedures, processes, and conditions
through which records or other information described in
subparagraph (B) is or was generated, held, processed,
analyzed, or transferred.
``(ii) Nothing in clause (i) shall negate, supersede, or
otherwise affect the applicability of provisions, under this
or any other Act, preventing or limiting the disclosure of
confidential commercial information or other information
considered proprietary or trade secret.
``(iii) An inspection under this paragraph shall be
conducted at reasonable times and within reasonable limits
and in a reasonable manner.
``(E) The studies and submissions described in this
subparagraph are each of the following:
``(i) Clinical and nonclinical studies submitted to the
Secretary in support of, or otherwise related to,
applications and other submissions to the Secretary under
this Act or the Public Health Service Act for marketing
authorization of a product described in paragraph (1).
``(ii) Postmarket safety activities conducted under this
Act or the Public Health Service Act.
``(iii) Any other clinical investigation of--
``(I) a drug subject to section 505 or 512 of this Act or
section 351 of the Public Health Service Act; or
``(II) a device subject to section 520(g).
``(iv) Any other submissions made under this Act or the
Public Health Service Act with respect to which the Secretary
determines an inspection under this paragraph is warranted in
the interest of public health.
``(F) This paragraph clarifies the authority of the
Secretary to conduct inspections of the type described in
this paragraph and shall not be construed as a basis for
inferring that, prior to the date of enactment of this
paragraph, the Secretary lacked the authority to conduct such
inspections, including under this Act or the Public Health
Service Act.''.
(b) Review of Processes and Practices; Guidance for
Industry.--
(1) In general.--The Secretary shall--
(A) review processes and practices in effect as of the date
of enactment of this Act applicable to inspections of foreign
and domestic sites and facilities described in subparagraph
(C)(i) of section 704(a)(5) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a); and
(B) evaluate whether any updates are needed to facilitate
the consistency of such processes and practices.
(2) Guidance.--
(A) In general.--The Secretary shall issue guidance
describing the processes and practices applicable to
inspections of sites and facilities described in subparagraph
(C)(i) of section 704(a)(5) of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), including with
respect to the types of records and information required to
be provided, best practices for communication between the
Food and Drug Administration and industry in advance of or
during an inspection or request for records or other
information, and other inspections-related conduct, to the
extent not specified in existing publicly available Food and
Drug Administration guides and manuals for such inspections.
(B) Timing.--The Secretary shall--
(i) not later than 18 months after the date of enactment of
this Act, issue draft guidance under subparagraph (A); and
(ii) not later than 1 year after the close of the public
comment period for such draft guidance, issue final guidance
under subparagraph (A).
SEC. 3613. IMPROVING FOOD AND DRUG ADMINISTRATION
INSPECTIONS.
(a) Risk Factors for Establishments.--Section 510(h)(4) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(h)(4)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following:
``(F) The compliance history of establishments in the
country or region in which the establishment is located that
are subject to regulation
[[Page H10451]]
under this Act, including the history of violations related
to products exported from such country or region that are
subject to such regulation.''.
(b) Use of Records.--Section 704(a)(4) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)(4)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) The Secretary may rely on any records or other
information that the Secretary may inspect under this section
to satisfy requirements that may pertain to a preapproval or
risk-based surveillance inspection, or to resolve
deficiencies identified during such inspections, if
applicable and appropriate.''.
(c) Recognition of Foreign Government Inspections.--Section
809 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384e) is amended--
(1) in subsection (a)(1), by inserting ``preapproval or''
before ``risk-based inspections''; and
(2) by adding at the end the following:
``(c) Periodic Review.--
``(1) In general.--Beginning not later than 1 year after
the date of the enactment of the Food and Drug Omnibus Reform
Act of 2022, the Secretary shall periodically assess whether
additional arrangements and agreements with a foreign
government or an agency of a foreign government, as allowed
under this section, are appropriate.
``(2) Reports to congress.--Beginning not later than 4
years after the date of the enactment of the Food and Drug
Omnibus Reform Act of 2022, and every 4 years thereafter, the
Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
describing the findings and conclusions of each review
conducted under paragraph (1).''.
SEC. 3614. GAO REPORT ON INSPECTIONS OF FOREIGN
ESTABLISHMENTS MANUFACTURING DRUGS.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
on inspections conducted by--
(1) the Secretary of foreign establishments pursuant to
subsections (h) and (i) of section 510 and section 704 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360; 374); or
(2) a foreign government or an agency of a foreign
government pursuant to section 809 of such Act (21 U.S.C.
384e).
(b) Contents.--The report conducted under subsection (a)
shall include--
(1) what alternative tools, including remote inspections or
remote evaluations, other countries are utilizing to
facilitate inspections of foreign establishments;
(2) how frequently trusted foreign regulators conduct
inspections of foreign facilities that could be useful to the
Food and Drug Administration to review in lieu of its own
inspections;
(3) how frequently and under what circumstances, including
for what types of inspections, the Secretary utilizes
existing agreements or arrangements under section 809 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) and
whether the use of such agreements could be appropriately
expanded;
(4) whether the Secretary has accepted reports of
inspections of facilities in China and India conducted by
entities with which they have entered into such an agreement
or arrangement;
(5) what additional foreign governments or agencies of
foreign governments the Secretary has considered entering
into a mutual recognition agreement with and, if applicable,
reasons why the Secretary declined to enter into a mutual
recognition agreement with such foreign governments or
agencies;
(6) what tools, if any, the Secretary used to facilitate
inspections of domestic facilities that could also be
effectively utilized to appropriately inspect foreign
facilities;
(7) what steps the Secretary has taken to identify and
evaluate tools and strategies the Secretary may use to
continue oversight with respect to inspections when in-person
inspections are disrupted;
(8) how the Secretary is considering incorporating
alternative tools into the inspection activities conducted
pursuant to the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); and
(9) what steps the Secretary has taken to identify and
evaluate how the Secretary may use alternative tools to
address workforce shortages to carry out such inspection
activities.
SEC. 3615. UNANNOUNCED FOREIGN FACILITY INSPECTIONS PILOT
PROGRAM.
(a) In General.--The Secretary shall conduct a pilot
program under which the Secretary increases the conduct of
unannounced surveillance inspections of foreign human drug
establishments and evaluates the differences between such
inspections of domestic and foreign human drug
establishments, including the impact of announcing
inspections to persons who own or operate foreign human drug
establishments in advance of an inspection. Such pilot
program shall evaluate--
(1) differences in the number and type of violations of
section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351(a)(2)(B)) identified as a result of
unannounced and announced inspections of foreign human drug
establishments and any other significant differences between
each type of inspection;
(2) costs and benefits associated with conducting announced
and unannounced inspections of foreign human drug
establishments;
(3) barriers to conducting unannounced inspections of
foreign human drug establishments and any challenges to
achieving parity between domestic and foreign human drug
establishment inspections; and
(4) approaches for mitigating any negative effects of
conducting announced inspections of foreign human drug
establishments.
(b) Pilot Program Scope.--The inspections evaluated under
the pilot program under this section shall be routine
surveillance inspections and shall not include inspections
conducted as part of the Secretary's evaluation of a request
for approval to market a drug submitted under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or the
Public Health Service Act (42 U.S.C. 201 et seq.).
(c) Pilot Program Initiation.--The Secretary shall initiate
the pilot program under this section not later than 180 days
after the date of enactment of this Act.
(d) Report.--The Secretary shall, not later than 180 days
following the completion of the pilot program under this
section, make available on the website of the Food and Drug
Administration a final report on the pilot program under this
section, including--
(1) findings and any associated recommendations with
respect to the evaluation under subsection (a), including any
recommendations to address identified barriers to conducting
unannounced inspections of foreign human drug establishments;
(2) findings and any associated recommendations regarding
how the Secretary may achieve parity between domestic and
foreign human drug inspections; and
(3) the number of unannounced inspections during the pilot
program that would not be unannounced under practices in use
as of the date of the enactment of this Act.
SEC. 3616. ENHANCING COORDINATION AND TRANSPARENCY ON
INSPECTIONS.
(a) Coordination.--Section 506D of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356d) is amended--
(1) by adding at the end the following:
``(g) Coordination.--The Secretary shall ensure timely and
effective internal coordination and alignment among the field
investigators of the Food and Drug Administration and the
staff of the Center for Drug Evaluation and Research's Office
of Compliance and Drug Shortage Program regarding--
``(1) the reviews of reports shared pursuant to section
704(b)(2); and
``(2) any feedback or corrective or preventive actions in
response to such reports.''; and
(2) by amending subsection (f) to read as follows:
``(f) Temporary Sunset.--Subsection (a) shall cease to be
effective on the date that is 5 years after the date of
enactment of the Food and Drug Administration Safety and
Innovation Act. Subsections (b), (c), and (e) shall not be in
effect during the period beginning 5 years after the date of
enactment of the Food and Drug Administration Safety and
Innovation Act and ending on the date of enactment of the
Food and Drug Omnibus Reform Act of 2022. Subsections (b),
(c), and (e) shall be in effect beginning on the date of
enactment of the Food and Drug Omnibus Reform Act of 2022.''.
(b) Reporting.--
(1) Amendments.--Section 506C-1(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)) is amended--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (5) through (9), respectively;
(B) by inserting after paragraph (2) the following:
``(3) describes the coordination and alignment activities
undertaken pursuant to section 506D(g);
``(4) provides the number of reports that were required
under section 704(b)(2) to be sent to the appropriate offices
of the Food and Drug Administration with expertise regarding
drug shortages, and the number of such reports that were
sent;''; and
(C) in paragraph (5)(A), as so redesignated, by striking
``paragraph (7)'' and inserting ``paragraph (9)''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to reports submitted under section
506C-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356c-1) on or after March 31, 2024.
(c) Reporting of Mutual Recognition Agreements for
Inspections and Review Activities.--Section 510(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is
amended--
(1) in paragraph (6)--
(A) in the matter preceding subparagraph (A), by striking
``Beginning in 2014, not'' and inserting ``Not'';
(B) by amending subparagraph (A) to read as follows:
``(A)(i) the number of domestic and foreign establishments
registered pursuant to this section in the previous fiscal
year;
``(ii) the number of such registered establishments in each
region of interest;
``(iii) the number of such domestic establishments and the
number of such foreign establishments, including the number
of establishments in each region of interest, that the
Secretary inspected in the previous fiscal year;
``(iv) the number of inspections to support actions by the
Secretary on applications under section 505 of this Act or
section 351 of the Public Health Service Act, including the
number of inspections to support actions by the Secretary on
supplemental applications, including changes to manufacturing
processes, the Secretary conducted in the previous fiscal
year;
``(v) the number of routine surveillance inspections the
Secretary conducted in the previous fiscal year, including in
each region of interest;
[[Page H10452]]
``(vi) the number of for-cause inspections the Secretary
conducted in the previous fiscal year, not including
inspections described in clause (iv), including in each
region of interest; and
``(vii) the number of inspections the Secretary has
recognized pursuant to an agreement entered into pursuant to
section 809, or otherwise recognized, for each of the types
of inspections described in clauses (v) and (vi), including
for inspections of establishments in each region of
interest.'';
(C) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(D) in subparagraph (C), by striking the period and
inserting ``; and''; and
(E) by adding at the end the following:
``(D) the status of the efforts of the Food and Drug
Administration to expand its recognition of inspections
conducted or recognized by foreign regulatory authorities
under section 809, including any obstacles to expanding the
use of such recognition.''; and
(2) by adding at the end the following:
``(7) Region of interest.--For purposes of paragraph
(6)(A), the term `region of interest' means a foreign
geographic region or country, including the People's Republic
of China, India, the European Union, the United Kingdom, and
any other country or geographic region, as the Secretary
determines appropriate.''.
SEC. 3617. ENHANCING TRANSPARENCY OF DRUG FACILITY INSPECTION
TIMELINES.
Section 902 of the FDA Reauthorization Act of 2017 (21
U.S.C. 355 note) is amended to read as follows:
``SEC. 902. ANNUAL REPORT ON INSPECTIONS.
``Not later than 120 days after the end of each fiscal
year, the Secretary of Health and Human Services shall post
on the website of the Food and Drug Administration
information related to inspections of facilities necessary
for approval of a drug under subsection (c) or (j) of section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) or approval of a device under section 515 of such Act
(21 U.S.C. 360e) that were conducted during the previous
fiscal year. Such information shall include the following:
``(1) The median time following a request from staff of the
Food and Drug Administration reviewing an application or
report to the beginning of the inspection, including--
``(A) the median time for drugs described in
505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j)(11)(A)(i));
``(B) the median time for drugs for which a notification
has been submitted in accordance with section 506C(a) of such
Act (21 U.S.C. 356c(a)) during the previous fiscal year; and
``(C) the median time for drugs on the drug shortage list
in effect under section 506E of such Act (21 U.S.C. 356e) at
the time of such request.
``(2) The median time from the issuance of a report
pursuant to section 704(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 374(b)) to the sending of a warning
letter, issuance of an import alert, or holding of a
regulatory meeting for inspections for which the Secretary
concluded that regulatory or enforcement action was
indicated, including the median time for each category of
drugs listed in subparagraphs (A) through (C) of paragraph
(1).
``(3) The median time from the sending of a warning letter,
issuance of an import alert, or holding of a regulatory
meeting related to conditions observed by the Secretary
during an inspection, to the time at which the Secretary
concludes that corrective actions to resolve such conditions
have been taken.
``(4) The number of facilities that failed to implement
adequate corrective or preventive actions following a report
issued pursuant to such section 704(b), resulting in a
withhold recommendation for an application under review,
including the number of such facilities manufacturing each
category of drugs listed in subparagraphs (A) through (C) of
paragraph (1).''.
CHAPTER 3--MISCELLANEOUS
SEC. 3621. REGULATION OF CERTAIN PRODUCTS AS DRUGS.
Section 503 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353) is amended by adding at the end the following:
``(h)(1) Any contrast agent, radioactive drug, or OTC
monograph drug shall be deemed to be a drug under section
201(g) and not a device under section 201(h).
``(2) For purposes of this subsection:
``(A) The term `contrast agent' means an article that is
intended for use in conjunction with a medical imaging
device, and--
``(i) is a diagnostic radiopharmaceutical, as defined in
sections 315.2 and 601.31 of title 21, Code of Federal
Regulations (or any successor regulations); or
``(ii) is a diagnostic agent that improves the
visualization of structure or function within the body by
increasing the relative difference in signal intensity within
the target tissue, structure, or fluid.
``(B) The term `radioactive drug' has the meaning given
such term in section 310.3(n) of title 21, Code of Federal
Regulations (or any successor regulations), except that such
term does not include--
``(i) an implant or article similar to an implant;
``(ii) an article that applies radiation from outside of
the body; or
``(iii) the radiation source of an article described in
clause (i) or (ii).
``(C) The term `OTC monograph drug' has the meaning given
such term in section 744L.
``(3) Nothing in this subsection shall be construed as
allowing for the classification of a product as a drug (as
defined in section 201(g)) if such product--
``(A) is not described in paragraph (1); and
``(B) meets the definition of a device under section
201(h),
unless another provision of this Act otherwise indicates a
different classification.
``(4) The Secretary shall waive the application fee under
sections 736 and 744B for applications for drugs that are--
``(A) on the date of enactment of the Prescription Drug
User Fee Amendments of 2022, legally marketed as devices; and
``(B) deemed drugs pursuant to paragraph (1)''.
SEC. 3622. WOMEN'S HEALTH RESEARCH ROADMAP.
Not later than 2 years after the date of enactment of this
Act, the Office of Women's Health of the Food and Drug
Administration, established under section 1011 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 399b), shall--
(1) review and, as appropriate, update the Women's Health
Research Roadmap issued in December 2015; and
(2) brief the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives on the review and,
as appropriate, any resulting update.
SEC. 3623. STRATEGIC WORKFORCE PLAN AND REPORT.
Chapter VII of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 371 et seq.) is amended by inserting after section
714A the following:
``SEC. 714B. STRATEGIC WORKFORCE PLAN AND REPORT.
``(a) In General.--Not later than September 30, 2023, and
at least every 4 years thereafter, the Secretary shall
develop, begin implementation of, and submit to the
appropriate committees of Congress and post on the website of
the Food and Drug Administration, a coordinated strategy and
report to provide direction for the activities and programs
of the Secretary to recruit, hire, train, develop, and retain
the workforce needed to fulfill the public health mission of
the Food and Drug Administration, including to facilitate
collaboration across centers, to keep pace with new
biomedical, technological, and scientific advancements, and
support the development, review, and regulation of medical
products. Each such report shall be known as the `Food and
Drug Administration Strategic Workforce Plan'.
``(b) Use of the Food and Drug Administration Strategic
Workforce Plan.--Each center within the Food and Drug
Administration shall develop and update, as appropriate, a
strategic plan that will be informed by the Food and Drug
Administration Strategic Workforce Plans developed under
subsection (a).
``(c) Contents of the Food and Drug Administration
Strategic Workforce Plan.--Each Food and Drug Administration
Strategic Workforce Plan under subsection (a) shall--
``(1) include agency-wide human capital strategic goals and
priorities for recruiting, hiring, training, developing, and
retaining a qualified workforce for the Food and Drug
Administration;
``(2) establish specific actions the Secretary will take to
achieve such strategic goals and priorities and address the
workforce needs of the Food and Drug Administration in the
forthcoming fiscal years;
``(3) identify challenges and risks the Secretary will face
in meeting its strategic goals and priorities, and the
actions the Secretary will take to overcome those challenges
and mitigate those risks;
``(4) establish performance measures, benchmarks, or other
elements that the Secretary will use to measure and evaluate
progress in achieving such strategic goals and priorities and
the effectiveness of such strategic goals and priorities; and
``(5) define functions, capabilities, and gaps in such
workforce and identify strategies to recruit, hire, train,
develop, and retain such workforce.
``(d) Considerations.--In developing each Food and Drug
Administration Strategic Workforce Plan under subsection (a),
the Secretary shall consider--
``(1) the number of employees (including senior leadership
and non-senior leadership employees) eligible for retirement,
the expertise of such employees, and the employing center of
such employees;
``(2) the vacancy and turnover rates for employees with
different types of expertise and from different centers,
including any changes or trends related to such rates;
``(3) the results of the Federal Employee Viewpoint Survey
for employees of the Food and Drug Administration, including
any changes or trends related to such results;
``(4) rates of pay for different types of positions,
including rates for different types of expertise within the
same field (such as differences in pay between different
medical specialists), and how such rates of pay impact the
ability of the Secretary to achieve the strategic goals and
priorities described in subsection (c);
``(5) the statutory hiring authorities used to hire Food
and Drug Administration employees, and the time to hire
across different hiring authorities; and
``(6) any other timely and relevant information, as the
Secretary determines appropriate.
``(e) Evaluation of Progress.--Each Food and Drug
Administration Strategic Workforce Plan issued pursuant to
subsection (a), with the exception of the first such Food and
Drug Administration Strategic Workforce Plan, shall include
an evaluation of--
``(1) the progress the Secretary has made, based on the
performance measures, benchmarks, and other elements that
measure successful recruitment, hiring, training,
development, and retention activities; and
``(2) whether actions taken in response to the Plan
improved the capacity of the Food and Drug Administration to
achieve the strategic goals and priorities described in
subsection (c)(1).
[[Page H10453]]
``(f) Additional Considerations.--The Food and Drug
Administration Strategic Workforce Plan issued in fiscal year
2023 shall address the effect of the COVID-19 pandemic on
hiring, retention, and other workforce challenges for the
Food and Drug Administration, including protecting such
workforce during public health emergencies.''.
SEC. 3624. ENHANCING FOOD AND DRUG ADMINISTRATION HIRING
AUTHORITY FOR SCIENTIFIC, TECHNICAL, AND
PROFESSIONAL PERSONNEL.
Section 714A of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379d-3a) is amended--
(1) in subsection (a)--
(A) by inserting ``, including cross-cutting operational
positions,'' after ``professional positions''; and
(B) by inserting ``and the regulation of food and
cosmetics'' after ``medical products''; and
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the 21st Century Cures Act'' and
inserting ``the Food and Drug Omnibus Reform Act of 2022'';
and
(ii) by striking ``that examines the extent'' and all that
follows through ``, including'' and inserting ``that
includes'';
(B) in subparagraph (A)--
(i) by inserting ``updated'' before ``analysis''; and
(ii) by striking ``; and'' and inserting a semicolon;
(C) by redesignating subparagraph (B) as subparagraph (C);
(D) by inserting after subparagraph (A) the following:
``(B) an analysis of how the Secretary has used the
authorities provided under this section, and a plan for how
the Secretary will use the authority under this section, and
other applicable hiring authorities, for employees of the
Food and Drug Administration; and''; and
(E) in the matter preceding clause (i) of subparagraph (C),
as so redesignated, by striking ``a recruitment'' and
inserting ``an updated recruitment''.
SEC. 3625. FACILITIES MANAGEMENT.
(a) PDUFA Authority.--Section 736(g)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379h(g)(2)) is
amended--
(1) in subparagraph (A)(ii)--
(A) by striking ``shall be available to defray'' and
inserting the following: ``shall be available--
``(I) for fiscal year 2023, to defray'';
(B) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent fiscal
year, to defray the costs of the resources allocated for the
process for the review of human drug applications (including
such costs for an additional number of full-time equivalent
positions in the Department of Health and Human Services to
be engaged in such process), only if the sum of the amounts
allocated by the Secretary for such costs, excluding costs
paid from fees collected under this section, plus other costs
for the maintenance, renovation, and repair of facilities and
acquisition, maintenance, and repair of fixtures, furniture,
and other necessary materials and supplies in connection with
the process for the review of human drug applications, is no
less than the amount allocated for such costs, excluding any
such costs paid from fees collected under this section, for
fiscal year 1997, multiplied by the adjustment factor.''; and
(2) in subparagraph (B), by striking ``for the process for
the review of human drug applications'' and inserting ``as
described in subclause (I) or (II) of such subparagraph, as
applicable''.
(b) BsUFA Authority.--Section 744H(f)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(f)(2)) is
amended--
(1) in subparagraph (B)(i)--
(A) by striking ``available for a fiscal year beginning
after fiscal year 2012'' and inserting the following:
``available--
``(I) for fiscal year 2023,'';
(B) by striking ``the fiscal year involved.'' and inserting
``such fiscal year; and''; and
(C) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent fiscal
year, to defray the costs of the process for the review of
biosimilar biological product applications (including such
costs for an additional number of full-time equivalent
positions in the Department of Health and Human Services to
be engaged in such process), only if the sum of the amounts
allocated by the Secretary for such costs, excluding costs
paid from fees collected under this section, plus other costs
for the maintenance, renovation, and repair of facilities and
acquisition, maintenance, and repair of fixtures, furniture,
and other necessary materials and supplies in connection with
the process for the review of biosimilar biological product
applications, is no less than $20,000,000, multiplied by the
adjustment factor applicable to the fiscal year involved.'';
and
(2) in subparagraph (C), by striking ``subparagraph (B) in
any fiscal year if the costs described in such subparagraph''
and inserting ``subparagraph (B)(i) in any fiscal year if the
costs allocated as described in subclause (I) or (II) of such
subparagraph, as applicable,''.
(c) GDUFA Authority.--Section 744B of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-42) is amended--
(1) in subsection (e)(2), by striking ``744A(11)(C)'' and
inserting ``744A(12)(C)''; and
(2) in subsection (i)(2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``available for a fiscal year beginning
after fiscal year 2012'' and inserting the following:
``available--
``(I) for fiscal year 2023,'';
(ii) by striking ``the fiscal year involved.'' and
inserting ``such fiscal year; and''; and
(iii) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent fiscal
year, to defray the costs of human generic drug activities
(including such costs for an additional number of full-time
equivalent positions in the Department of Health and Human
Services to be engaged in such activities), only if the sum
of the amounts allocated by the Secretary for such costs,
excluding costs paid from fees collected under this section,
plus other costs for the maintenance, renovation, and repair
of facilities and acquisition, maintenance, and repair of
fixtures, furniture, and other necessary materials and
supplies in connection with human generic drug activities, is
no less than $97,000,000 multiplied by the adjustment factor
defined in section 744A(3) applicable to the fiscal year
involved.''; and
(B) in subparagraph (B), by striking ``for human generic
activities'' and inserting ``as described in subclause (I) or
(II) of such subparagraph, as applicable,''.
(d) MDUFA Authority.--Section 738 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j), as amended by
section 3309, is further amended--
(1) in subsection (e)(2)(B)(iii), by inserting ``, if
extant,'' after ``national taxing authority'';
(2) in subsection (h)(2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``shall be available to defray'' and
inserting the following: ``shall be available--
``(I) for fiscal year 2023, to defray'';
(ii) by striking the period and inserting ``; and''; and
(iii) by adding at the end the following:
``(II) for fiscal year 2024 and each subsequent fiscal
year, to defray the costs of the resources allocated for the
process for the review of device applications (including such
costs for an additional number of full-time equivalent
positions in the Department of Health and Human Services to
be engaged in such process), only if the sum of the amounts
allocated by the Secretary for such costs, excluding costs
paid from fees collected under this section, plus other costs
for the maintenance, renovation, and repair of facilities and
acquisition, maintenance, and repair of fixtures, furniture
and other necessary materials and supplies in connection with
the process for the review of device applications, is no less
than the amount allocated for such costs, excluding any such
costs paid from fees collected under this section, for fiscal
year 2009 multiplied by the adjustment factor.''; and
(B) in subparagraph (B)(i), in the matter preceding
subclause (I), by striking ``for the process for the review
of device applications'' and inserting ``as described in
subclause (I) or (II) of such subparagraph, as applicable'';
and
(3) in subsection (g)(3), by striking ``737(9)(C)'' and
inserting ``737(10)(C)''.
(e) Technical Correction.--
(1) In general.--Section 905(b)(2) of the FDA
Reauthorization Act of 2017 (Public Law 115-52) is amended by
striking ``Section 738(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j(h)) is amended'' and inserting
``Subsection (g) of section 738 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j), as so redesignated by
section 203(f)(2)(B)(i), is amended''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as though included in the enactment of
section 905 of the FDA Reauthorization Act of 2017 (Public
Law 115-52).
SEC. 3626. USER FEE PROGRAM TRANSPARENCY AND ACCOUNTABILITY.
(a) PDUFA.--
(1) Reauthorization; reporting requirements.--Section
736B(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379h-2(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) in clause (vii), by striking ``; and'' and inserting a
semicolon;
(II) in clause (viii), by striking the period and inserting
``; and''; and
(III) by adding at the end the following:
``(ix) the number of investigational new drug applications
submitted per fiscal year, including for each review
division.''; and
(ii) by adding at the end the following flush text:
``Nothing in subparagraph (B) shall be construed to authorize
the disclosure of information that is prohibited from
disclosure under section 301(j) of this Act or section 1905
of title 18, United States Code, or that is subject to
withholding under section 552(b)(4) of title 5, United States
Code.'';
(B) by adding at the end of paragraph (3)(B) the following:
``(v) For fiscal years 2023 and 2024, of the meeting
requests from sponsors for which the Secretary has determined
that a face-to-face meeting is appropriate, the number of
face-to-face meetings requested by sponsors to be conducted
in person (in such manner as the Secretary shall prescribe on
the website of the Food and Drug Administration), and the
number of such in-person meetings granted by the Secretary,
with both such numbers disaggregated by the relevant agency
center.''; and
(C) in paragraph (4)--
(i) by amending subparagraph (A) to read as follows:
``(A) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 1001(b) of the Prescription Drug User
Fee Amendments of 2022 and the number of remaining vacancies,
the number of full-time equivalents funded by fees collected
pursuant to section 736, and the number of full-time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the
Office of the Commissioner;'';
(ii) by amending subparagraph (B) to read as follows:
[[Page H10454]]
``(B) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for the process for the review
of human drug applications, including identifying--
``(i) drivers of such changes; and
``(ii) changes in the average total cost per full-time
equivalent in the prescription drug review program;'';
(iii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(D) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete
review of each type of human drug application.''.
(2) Reauthorization.--Section 736B(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379h-2(f)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting the recommendations
developed under paragraphs (1) through (5) to the Congress,
the'' and inserting ``The''; and
(II) by inserting ``, not later than 30 days after each
such negotiation meeting'' before the period at the end; and
(ii) in subparagraph (B), by inserting ``, in sufficient
detail,'' after ``shall summarize''.
(b) MDUFA.--
(1) Reauthorization; reporting requirements.--Section
738A(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-1(a)(1)(A)) is amended--
(A) in clause (ii)--
(i) in subclause (II), by striking ``; and'' and inserting
a semicolon;
(ii) in subclause (III), by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(IV) the number of investigational device exemption
applications submitted under section 520(g) per fiscal year,
including for each review division; and
``(V) the number of expedited development and priority
review requests and designations under section 515B per
fiscal year, including for each review division.
Nothing in this clause shall be construed to authorize the
disclosure of information that is prohibited from disclosure
under section 301(j) of this Act or section 1905 of title 18,
United States Code, or that is subject to withholding under
section 552(b)(4) of title 5, United States Code.''; and
(B) in clause (iv) (relating to rationale for MDUFA program
changes)--
(i) by amending subclause (I) to read as follows:
``(I) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 2001(b) of the Medical Device User Fee
Amendments of 2022 and the number of remaining vacancies, the
number of full-time equivalents funded by fees collected
pursuant to section 738, and the number of full time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Devices
and Radiological Health, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the
Office of the Commissioner;'';
(ii) by amending subclause (II) to read as follows:
``(II) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for the process for the review
of device applications, including identifying--
``(aa) drivers of such changes; and
``(bb) changes in the average total cost per full-time
equivalent in the medical device review program;'';
(iii) in subclause (III), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(IV) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete
review of medical device application types.''.
(2) Reauthorization.--Section 738A(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-1(b)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting the recommendations
developed under paragraphs (1) through (5) to the Congress,
the'' and inserting ``The''; and
(II) by inserting ``, not later than 30 days after each
such negotiation meeting'' before the period at the end; and
(ii) in subparagraph (B), by inserting ``, in sufficient
detail,'' after ``shall summarize''.
(c) GDUFA.--
(1) Reauthorization; reporting requirements.--Section
744C(a)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-43(a)(3)) is amended--
(A) by amending subparagraph (A) to read as follows:
``(A) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 3001(b) of the Generic Drug User Fee
Amendments of 2022 and the number of remaining vacancies, the
number of full-time equivalents funded by fees collected
pursuant to section 744B, and the number of full time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the
Office of the Commissioner;'';
(B) by amending subparagraph (B) to read as follows:
``(B) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for human generic drug
activities, including--
``(i) identifying drivers of such changes; and
``(ii) changes in the total average cost per full-time
equivalent in the generic drug review program;'';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete
review of each type of abbreviated new drug application.''.
(2) Reauthorization.--Section 744C(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-43(f)) is amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.''; and
(C) in paragraph (7), as so redesignated--
(i) in subparagraph (A)--
(I) by striking ``Before presenting the recommendations
developed under paragraphs (1) through (5) to the Congress,
the'' and inserting ``The''; and
(II) by inserting ``, not later than 30 days after each
such negotiation meeting'' before the period at the end; and
(ii) in subparagraph (B), by inserting ``, in sufficient
detail,'' after ``shall summarize''.
(d) BsUFA.--
(1) Reauthorization; reporting requirements.--Section
744I(a)(4) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-53(a)(4)) is amended--
(A) by amending subparagraph (A) to read as follows:
``(A) data, analysis, and discussion of the changes in the
number of individuals hired as agreed upon in the letters
described in section 4001(b) of the Biosimilar User Fee
Amendments of 2022 and the number of remaining vacancies, the
number of full-time equivalents funded by fees collected
pursuant to section 744H, and the number of full time
equivalents funded by budget authority at the Food and Drug
Administration by each division within the Center for Drug
Evaluation and Research, the Center for Biologics Evaluation
and Research, the Office of Regulatory Affairs, and the
Office of the Commissioner;'';
(B) by amending subparagraph (B) to read as follows:
``(B) data, analysis, and discussion of the changes in the
fee revenue amounts and costs for the process for the review
of biosimilar biological product applications, including
identifying--
``(i) drivers of such changes; and
``(ii) changes in the average total cost per full-time
equivalent in the biosimilar biological product review
program;'';
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) data, analysis, and discussion of the changes in the
average full-time equivalent hours required to complete
review of each type of biosimilar biological product
application.''.
(2) Reauthorization.--Section 744I(f) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379j-53(f)) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Prior public input.--Prior to beginning negotiations
with the regulated industry on the reauthorization of this
part, the Secretary shall--
``(A) publish a notice in the Federal Register requesting
public input on the reauthorization;
``(B) hold a public meeting at which the public may present
its views on the reauthorization;
``(C) provide a period of 30 days after the public meeting
to obtain written comments from the public suggesting changes
to this part; and
``(D) publish the comments on the Food and Drug
Administration's website.
``(3) Periodic consultation.--Not less frequently than once
every month during negotiations with the regulated industry,
the Secretary shall hold discussions with representatives of
patient and consumer advocacy groups to continue discussions
of their views on the reauthorization and their suggestions
for changes to this part as expressed under paragraph (2).
``(4) Updates to congress.--The Secretary, in consultation
with regulated industry, shall provide regular updates on
negotiations on the reauthorization of this part to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.''; and
(C) by adding at the end the following:
``(7) Minutes of negotiation meetings.--
``(A) Public availability.--The Secretary shall make
publicly available, on the public
[[Page H10455]]
website of the Food and Drug Administration, minutes of all
negotiation meetings conducted under this subsection between
the Food and Drug Administration and the regulated industry,
not later than 30 days after each such negotiation meeting.
``(B) Content.--The minutes described under subparagraph
(A) shall summarize, in sufficient detail, any substantive
proposal made by any party to the negotiations as well as
significant controversies or differences of opinion during
the negotiations and their resolution.''.
SEC. 3627. IMPROVING INFORMATION TECHNOLOGY SYSTEMS OF THE
FOOD AND DRUG ADMINISTRATION.
(a) FDA Strategic Information Technology Plan.--
(1) In general.--Not later than September 30, 2023, and at
least every 4 years thereafter, the Secretary shall develop
and submit to the appropriate committees of Congress and post
on the website of the Food and Drug Administration, a
coordinated information technology strategic plan to
modernize the information technology systems of the Food and
Drug Administration. Each such report shall be known as the
``Food and Drug Administration Strategic Information
Technology Plan''. The first such report may include the Data
and Technology Modernization Strategy, as set forth in the
letters described in section 1001(b) of the FDA User Fee
Reauthorization Act of 2022 (division F of Public Law 117-
180).
(2) Content of strategic plan.--The Food and Drug
Administration Strategic Information Technology Plan under
paragraph (1) shall include--
(A) agency-wide strategic goals and priorities for
modernizing the information technology systems of the Food
and Drug Administration to maximize the efficiency and
effectiveness of such systems for enabling the Food and Drug
Administration to fulfill its public health mission;
(B) specific activities and strategies for achieving the
goals and priorities identified under subparagraph (A), and
specific milestones, metrics, and performance measures for
assessing progress against such strategic goals and
priorities;
(C) specific activities and strategies for improving and
streamlining internal coordination and communication within
the Food and Drug Administration, including for activities
and communications related to signals of potential public
health concerns;
(D) challenges and risks the Food and Drug Administration
will face in meeting its strategic goals and priorities, and
the activities the Food and Drug Administration will
undertake to overcome those challenges and mitigate those
risks;
(E) the ways in which the Food and Drug Administration will
use the Plan to guide and coordinate the projects and
activities of the Food and Drug Administration across its
offices and centers; and
(F) a skills inventory, needs assessment, gap analysis, and
initiatives to address skills gaps as part of a strategic
approach to information technology human capital planning.
(3) Evaluation of progress.--Each Food and Drug
Administration Strategic Information Technology Plan issued
pursuant to this subsection, with the exception of the first
such Food and Drug Administration Strategic Information
Technology Plan, shall include an evaluation of--
(A) the progress the Secretary has made, based on the
metrics, benchmarks, and other milestones that measure
successful development and implementation of information
technology systems; and
(B) whether actions taken in response to the previous Plan
improved the capacity of the Food and Drug Administration to
achieve the strategic goals and priorities set forth in such
previous Plans.
(b) GAO Report.--
(1) In general.--Not later than September 30, 2026, the
Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report assessing the implementation of
the Food and Drug Administration Strategic Information
Technology Plan adopted pursuant to subsection (a).
(2) Content of report.--The report required under paragraph
(1) shall include an assessment of--
(A) the development and implementation of the Food and Drug
Administration Strategic Information Technology Plan,
including the sufficiency of the plan, progress of the Food
and Drug Administration in meeting the results-oriented
goals, milestones, and performance measures identified in
such plan and any gaps in such implementation;
(B) the efficiency and effectiveness of the Food and Drug
Administration's expenditures on information technology
systems over the preceding 10 fiscal years, including the
implementation by the Food and Drug Administration of the
Technology Modernization Action Plan and Data Modernization
Action Plan;
(C) challenges posed by the information technology systems
of the Food and Drug Administration for carrying out the Food
and Drug Administration's public health mission, including on
meeting user fee agreement performance goals, conducting
inspections, responding to identified safety concerns, and
keeping pace with new scientific and medical advances; and
(D) recommendations for the Food and Drug Administration to
address the identified challenges, improve its implementation
of the Food and Drug Administration Strategic Information
Technology Plan, and to otherwise improve the Food and Drug
Administration's information technology systems.
SEC. 3628. REPORTING ON MAILROOM AND OFFICE OF THE EXECUTIVE
SECRETARIAT OF THE FOOD AND DRUG
ADMINISTRATION.
(a) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives on--
(1) information related to policies, procedures, and
activities of the mailroom and the Office of the Executive
Secretariat of the Food and Drug Administration, including--
(A) taking receipt, tracking, managing, and prioritizing
confidential informant complaints;
(B) taking receipt of common carrier packages to the Food
and Drug Administration;
(C) the organizational structure and management of the
mailroom;
(D) the organizational structure and management of the
Office of the Executive Secretariat;
(E) the total number of employees and contractors in the
mailroom including those working remotely and those working
in person;
(F) the total number of employees and contractors in the
Office of the Executive Secretariat;
(G) the number of vacant positions in the mailroom;
(H) the number of vacant positions in the Office of the
Executive Secretariat;
(I) the average number of days for response to
correspondence received by the Office of the Secretariat;
(J) the extent to which there is a backlog of common
carrier packages received by the mailroom and the number of
common carrier packages in any backlog;
(K) the extent to which there is a backlog of
correspondence in the Office of the Executive Secretariat
that has not been appropriately responded to by the Food and
Drug Administration and the number of correspondence or
common carrier packages in any backlog;
(L) a rationale for the failure of the Office of the
Executive Secretariat to respond to correspondence in any
backlog and the position of the decision-making official who
determined not to respond to such correspondence;
(M) the number of whistleblower correspondence received,
including within each agency center;
(N) the amount of resources expended for the mailroom,
including a breakdown of budget authority and user fee
dollars;
(O) the amount of resources expended for the Office of the
Executive Secretariat and correspondence-related activities,
including a breakdown of budget authority and user fee
dollars; and
(P) the performance of third-party contractors responsible
for correspondence-related activities with respect to the
receipt and tracking of correspondence, and efforts by the
Food and Drug Administration to improve performance by such
contractors; and
(2) the development and implementation of new or revised
policies and procedures of the Food and Drug Administration
to monitor and ensure--
(A) the effective receipt, tracking, managing, and
prioritization of such complaints; and
(B) the effective receipt of common carrier packages to the
Food and Drug Administration.
(b) Annual Report.--Not later than the end of each of
fiscal years 2023 and 2024, the Secretary shall issue a
report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives on the
implementation of the new or revised policies of the Food and
Drug Administration reported under subsection (a)(2), and
since such implementation--
(1) the volume of incoming common carrier packages to the
mailroom;
(2) the volume of incoming correspondence to the Office of
the Executive Secretariat;
(3) the extent to which new backlogs occur in the
processing of common carrier packages received by the
mailroom;
(4) the extent to which new backlogs occur in the
processing of correspondence received by the Office of the
Executive Secretariat;
(5) the length of time required to resolve each such
backlog;
(6) any known issues of unreasonable delays in
correspondence being provided to the intended recipient, or
in correspondence being lost, and the measures taken to
remedy such delays or lost items;
(7) the average number of days it takes to respond to
correspondence received by the Office of the Executive
Secretariat;
(8) the resources expended by the mailroom, including a
breakdown of budget authority and user fee dollars; and
(9) the resources expended by the Office of the Executive
Secretariat on correspondence-related activities, including a
breakdown of budget authority and user fee dollars.
(c) GAO Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
assessing the policies and practices of the Division of
Executive Operations of the Office of the Executive
Secretariat of the Food and Drug Administration with respect
to the receipt, tracking, managing, and prioritization of
correspondence.
SEC. 3629. FACILITATING THE USE OF REAL WORLD EVIDENCE.
(a) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue or revise
existing guidance on considerations for the use of real world
data and real world evidence to support regulatory decision-
making, as follows:
(1) With respect to drugs, such guidance shall address the
use of such data and evidence to
[[Page H10456]]
support the approval of a drug application under section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
or a biological product application under section 351 of the
Public Health Service Act (42 U.S.C. 262), and to support an
investigational use exemption submission under section 505(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)) or section 351(a)(3) of the Public Health Service Act
(42 U.S.C. 262(a)(3)). Such guidance shall include
considerations for the inclusion, in such applications and
submissions, of real world data and real world evidence
obtained as a result of the use of drugs authorized for
emergency use under section 564 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360bbb-3), and considerations for
standards and methodologies for collection and analysis of
real world evidence included in such applications and
submissions, as appropriate.
(2) With respect to devices, such guidance shall address
the use of such data and evidence to support the approval,
clearance, or classification of a device pursuant to an
application or submission submitted under section 510(k),
513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360(k), 360c(f)(2), 360e), to support an
investigational use exemption submission under section 520(g)
of such Act (21 U.S.C. 360j(g)), and to support a
determination by the Secretary for purposes of section 353 of
the Public Health Service Act (42 U.S.C. 263a) (including the
category described under subsection (d)(3) of such section).
Such guidance shall include considerations for the inclusion,
in such applications and submissions, of real world data and
real world evidence obtained as a result of the use of
devices authorized for emergency use under section 564 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3),
including considerations related to a determination under
section 353(d)(3) of the Public Health Service Act (42 U.S.C.
263a(d)(3)), and considerations for standards and
methodologies for collection and analysis of real world
evidence included in such applications, submissions, or
determinations, as appropriate.
(b) Report to Congress.--Not later than 2 years after the
end of the public health emergency declared by the Secretary
under section 319 of the Public Health Service Act (42 U.S.C.
247d) on January 31, 2020, with respect to COVID-19, the
Secretary shall submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives on--
(1) the number of applications, submissions, or requests
submitted for clearance, approval, or authorization under
section 505, 510(k), 513(f)(2), or 515 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2),
360e) or section 351 of the Public Health Service Act (42
U.S.C. 262), for which an authorization under section 564 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3)
was previously granted;
(2) of the number of applications so submitted, the number
of such applications--
(A) for which real world evidence was submitted and used to
support a regulatory decision; and
(B) for which real world evidence was submitted and
determined to be insufficient to support a regulatory
decision; and
(3) a summary explanation of why, in the case of
applications described in paragraph (2)(B), real world
evidence could not be used to support regulatory decisions.
(c) Information Disclosure.--Nothing in this section shall
be construed to authorize the disclosure of information that
is prohibited from disclosure under section 1905 of title 18,
United States Code, or subject to withholding under
subsection (b)(4) of section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of Information
Act'').
SEC. 3630. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR
TO APPROVAL.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended--
(1) in paragraph (a)--
(A) by striking ``drugs for coverage'' and inserting
``drugs or devices for coverage''; and
(B) by striking ``drug'' each place it appears and
inserting ``drug or device'', respectively;
(2) in paragraphs (a)(1) and (a)(2)(B), by striking ``under
section 505 or under section 351 of the Public Health Service
Act'' and inserting ``under section 505, 510(k), 513(f)(2),
or 515 of this Act or section 351 of the Public Health
Service Act'';
(3) in paragraph (a)(1)--
(A) by striking ``under section 505 or under section 351(a)
of the Public Health Service Act'' and inserting ``under
section 505, 510(k), 513(f)(2), or 515 of this Act or section
351 of the Public Health Service Act''; and
(B) by striking ``in section 505(a) or in subsections (a)
and (k) of section 351 of the Public Health Service Act'' and
inserting ``in section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service Act''; and
(4) by adding at the end the following:
``(gg)(1) Unless its labeling bears adequate directions for
use in accordance with paragraph (f), except that (in
addition to drugs or devices that conform with exemptions
pursuant to such paragraph) no drug or device shall be deemed
to be misbranded under such paragraph through the provision
of truthful and not misleading product information to a
payor, formulary committee, or other similar entity with
knowledge and expertise in the area of health care economic
analysis carrying out its responsibilities for the selection
of drugs or devices for coverage or reimbursement if the
product information relates to an investigational drug or
device or investigational use of a drug or device that is
approved, cleared, granted marketing authorization, or
licensed under section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service Act (as
applicable), provided--
``(A) the product information includes--
``(i) a clear statement that the investigational drug or
device or investigational use of a drug or device has not
been approved, cleared, granted marketing authorization, or
licensed under section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service Act (as
applicable) and that the safety and effectiveness of such
drug or device for such use has not been established;
``(ii) information related to the stage of development of
the drug or device involved, such as--
``(I) the status of any study or studies in which the
investigational drug or device or investigational use is
being investigated;
``(II) how the study or studies relate to the overall plan
for the development of the drug or device; and
``(III) whether an application, premarket notification, or
request for classification for the investigational drug or
device or investigational use has been submitted to the
Secretary and when such a submission is planned;
``(iii) in the case of information that includes factual
presentations of results from studies, which shall not be
selectively presented, a description of--
``(I) all material aspects of study design, methodology,
and results; and
``(II) all material limitations related to the study
design, methodology, and results;
``(iv) where applicable, a prominent statement disclosing
the indication or indications for which the Secretary has
approved, granted marketing authorization, cleared, or
licensed the product pursuant to section 505, 510(k),
513(f)(2), or 515 of this Act or section 351 of the Public
Health Service Act, and a copy of the most current required
labeling; and
``(v) updated information, if previously communicated
information becomes materially outdated as a result of
significant changes or as a result of new information
regarding the product or its review status; and
``(B) the product information does not include--
``(i) information that represents that an unapproved
product--
``(I) has been approved, cleared, granted marketing
authorization, or licensed under section 505, 510(k),
513(f)(2), or 515 of this Act or section 351 of the Public
Health Service Act (as applicable); or
``(II) has otherwise been determined to be safe or
effective for the purpose or purposes for which the drug or
device is being studied; or
``(ii) information that represents that an unapproved use
of a drug or device that has been so approved, granted
marketing authorization, cleared, or licensed--
``(I) is so approved, granted marketing authorization,
cleared, or licensed; or
``(II) that the product is safe or effective for the use or
uses for which the drug or device is being studied.
``(2) For purposes of this paragraph, the term `product
information' includes--
``(A) information describing the drug or device (such as
drug class, device description, and features);
``(B) information about the indication or indications being
investigated;
``(C) the anticipated timeline for a possible approval,
clearance, marketing authorization, or licensure pursuant to
section 505, 510(k), 513, or 515 of this Act or section 351
of the Public Health Service Act;
``(D) drug or device pricing information;
``(E) patient utilization projections;
``(F) product-related programs or services; and
``(G) factual presentations of results from studies that do
not characterize or make conclusions regarding safety or
efficacy.''.
(b) GAO Study and Report.--Beginning on the date that is 5
years and 6 months after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a
study on the provision and use of information pursuant to
section 502(gg) of the Federal Food, Drug, and Cosmetic Act,
as added by this subsection (a), between manufacturers of
drugs and devices (as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321)) and entities
described in such section 502(gg). Such study shall include
an analysis of the following:
(1) The types of information communicated between such
manufacturers and payors.
(2) The manner of communication between such manufacturers
and payors.
(3)(A) Whether such manufacturers file an application for
approval, marketing authorization, clearance, or licensing of
a new drug or device or the new use of a drug or device that
is the subject of communication between such manufacturers
and payors under section 502(gg) of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a).
(B) How frequently the Food and Drug Administration
approves, grants marketing authorization, clears, or licenses
the new drug or device or new use.
(C) The timeframe between the initial communications
permitted under section 502(gg) of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a), regarding an
investigational drug or device or investigational use, and
the initial marketing of such drug or device.
SEC. 3631. STREAMLINING BLOOD DONOR INPUT.
Chapter 35 of title 44, United States Code, shall not apply
to the collection of information to which a response is
voluntary and that is initiated by the Secretary to solicit
information from blood donors or potential blood donors to
support the development of recommendations by the Secretary,
acting through the Commissioner of Food and Drugs, concerning
blood donation.
[[Page H10457]]
TITLE IV--MEDICARE PROVISIONS
Subtitle A--Medicare Extenders
SEC. 4101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security
Act (42 U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``during the portion of fiscal year 2023
beginning on December 24, 2022, and ending on September 30,
2023, and in fiscal year 2024'' and inserting ``in fiscal
year 2025'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``or portion of a fiscal year''; and
(ii) by striking ``through 2022 and the portion of fiscal
year 2023 beginning on October 1, 2022, and ending on
December 23, 2022' '' and inserting ``through 2024'';
(B) in subclause (III), by striking ``through 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022, and
ending on December 23, 2022' '' and inserting ``through
2024''; and
(C) in subclause (IV), by striking ``the portion of fiscal
year 2023 beginning on December 24, 2022, and ending on
September 30, 2023, and fiscal year 2024'' and inserting
``fiscal year 2025''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``through 2022 or during the portion of fiscal year 2023
beginning on October 1, 2022, and ending on December 23,
2022' '' and inserting ``through 2024''; and
(B) in clause (ii), by striking ``through 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022, and
ending on December 23, 2022' '' and inserting ``through
2024''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, including the amendments made by, this
section by program instruction or otherwise.
SEC. 4102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL
PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``December 24, 2022'' and
inserting ``October 1, 2024''; and
(2) in clause (ii)(II), by striking ``December 24, 2022''
and inserting ``October 1, 2024''.
(b) Conforming Amendments.--
(1) Extension of target amounts.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``December 24, 2022'' and inserting ``October 1, 2024''; and
(B) in clause (iv), by striking ``fiscal year 2022 and the
portion of fiscal year 2023 beginning on October 1, 2022, and
ending on December 23, 2022,'' and inserting ``fiscal year
2024''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 1395ww note) is amended by striking
``fiscal year 2000 through fiscal year 2022, or the portion
of fiscal year 2023 beginning on October 1, 2022, and ending
on December 23, 2022'' and inserting ``or fiscal year 2000
through fiscal year 2024''.
SEC. 4103. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE
SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C.
1395m(l)) is amended--
(1) in paragraph (12)(A), by striking ``January 1, 2023''
and inserting ``January 1, 2025''; and
(2) in paragraph (13), by striking ``January 1, 2023'' in
each place it appears and inserting ``January 1, 2025'' in
each such place.
Subtitle B--Other Expiring Medicare Provisions
SEC. 4111. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN
ELIGIBLE ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act
(42 U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``2024'' and inserting ``2025''; and
(B) by inserting ``(or, with respect to 2025, 3.5
percent)'' after ``5 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the header, by striking ``2024'' and inserting
``2025''; and
(ii) in the matter preceding clause (i), by striking
``2024'' and inserting ``2025'';
(B) in subparagraph (C)--
(i) in the header, by striking ``2025'' and inserting
``2026''; and
(ii) in the matter preceding clause (i), by striking
``2025'' and inserting ``2026''; and
(C) in subparagraph (D), by striking ``2023 and 2024'' and
inserting ``2023, 2024, and 2025''; and
(3) in paragraph (4)(B), by inserting ``(or, with respect
to 2025, 3.5 percent)'' after ``5 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of
the Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is
amended--
(1) in subclause (II), by striking ``2024'' and inserting
``2025''; and
(2) in subclause (III), by striking ``2025'' and inserting
``2026''.
SEC. 4112. EXTENSION OF SUPPORT FOR PHYSICIANS AND OTHER
PROFESSIONALS IN ADJUSTING TO MEDICARE PAYMENT
CHANGES.
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4)
is amended--
(1) in subsection (c)(2)(B)(iv)(V), by striking ``2021 or
2022'' and inserting ``2021, 2022, 2023, or 2024''; and
(2) in subsection (t)--
(A) in the subsection header, by striking ``2021 and 2022''
and inserting ``2021 Through 2024'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``during 2021 and 2022'' and inserting ``during 2021, 2022,
2023, and 2024''; and
(ii) in subparagraph (A), by striking at the end ``and'';
(iii) in subparagraph (B), by striking at the end the
period and inserting a semicolon; and
(iv) by adding at the end the following new subparagraphs:
``(C) such services furnished on or after January 1, 2023,
and before January 1, 2024, by 2.5 percent; and
``(D) such services furnished on or after January, 1, 2024,
and before January 1, 2025, by 1.25 percent.''; and
(C) in paragraph (2)(C)--
(i) in the subparagraph header, by striking ``2021 and
2022'' and inserting ``2021 through 2024'';
(ii) by striking ``for services furnished in 2021 or 2022''
and inserting ``for services furnished in 2021, 2022, 2023,
or 2024''; and
(iii) by striking ``or 2022, respectively'' and inserting
``, 2022, 2023, or 2024, respectively''.
SEC. 4113. ADVANCING TELEHEALTH BEYOND COVID-19.
(a) Removing Geographic Requirements and Expanding
Originating Sites for Telehealth Services.--Section 1834(m)
of the Social Security Act (42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii)--
(A) by striking ``With'' and inserting ``In the case that
the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, with''; and
(B) by striking ``that are furnished during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``that are furnished during the period beginning on
the first day after the end of such emergency period and
ending December 31, 2024''; and
(2) in paragraph (4)(C)(iii)--
(A) by striking ``With'' and inserting ``In the case that
the emergency period described in section 1135(g)(1)(B) ends
before December 31, 2024, with''; and
(B) by striking ``that are furnished during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``that are furnished during the period beginning on
the first day after the end of such emergency period and
ending on December 31, 2024''.
(b) Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act
(42 U.S.C. 1395m(m)(4)(E)) is amended by striking ``and, for
the 151-day period beginning on the first day after the end
of the emergency period described in section 1135(g)(1)(B)''
and inserting ``and, in the case that the emergency period
described in section 1135(g)(1)(B) ends before December 31,
2024, for the period beginning on the first day after the end
of such emergency period and ending on December 31, 2024''.
(c) Extending Telehealth Services for Federally Qualified
Health Centers and Rural Health Clinics.--Section
1834(m)(8)(A) of the Social Security Act (42 U.S.C.
1395m(m)(8)(A)) is amended by striking ``during the 151-day
period beginning on the first day after the end of such
emergency period'' and inserting ``in the case that such
emergency period ends before December 31, 2024, during the
period beginning on the first day after the end of such
emergency period and ending on December 31, 2024''.
(d) Delaying the In-person Requirements Under Medicare for
Mental Health Services Furnished Through Telehealth and
Telecommunications Technology.--
(1) Delay in requirements for mental health services
furnished through telehealth.--Section 1834(m)(7)(B)(i) of
the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is
amended, in the matter preceding subclause (I), by striking
``on or after the day that is the 152nd day after the end of
the period at the end of the emergency sentence described in
section 1135(g)(1)(B))'' and inserting ``on or after January
1, 2025 (or, if later, the first day after the end of the
emergency period described in section 1135(g)(1)(B))''.
(2) Mental health visits furnished by rural health
clinics.--Section 1834(y) of the Social Security Act (42
U.S.C. 1395m(y)) is amended--
(A) in the heading, by striking ``to hospice patients'';
and
(B) in paragraph (2), by striking ``prior to the day that
is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior
to January 1, 2025 (or, if later, the first day after the end
of the emergency period described in section
1135(g)(1)(B))''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4) of the Social Security
Act (42 U.S.C. 1395m(o)(4) is amended--
(A) in the heading, by striking ``to hospice patients'';
and
(B) in subparagraph (B), by striking ``prior to the day
that is the 152nd day after the end of the emergency period
described in section 1135(g)(1)(B))'' and inserting ``prior
to January 1, 2025 (or, if later, the first day after the end
of the emergency period described in section
1135(g)(1)(B))''.
(e) Allowing for the Furnishing of Audio-only Telehealth
Services.--Section 1834(m)(9) of the Social Security Act (42
U.S.C. 1395m(m)(9)) is amended by striking ``The Secretary
shall continue to provide coverage and payment under this
part for telehealth services identified in paragraph
(4)(F)(i) as of the date
[[Page H10458]]
of the enactment of this paragraph that are furnished via an
audio-only telecommunications system during the 151-day
period beginning on the first day after the end of the
emergency period described in section 1135(g)(1)(B)'' and
inserting ``In the case that the emergency period described
in section 1135(g)(1)(B) ends before December 31, 2024, the
Secretary shall continue to provide coverage and payment
under this part for telehealth services identified in
paragraph (4)(F)(i) as of the date of the enactment of this
paragraph that are furnished via an audio-only communications
system during the period beginning on the first day after the
end of such emergency period and ending on December 31,
2024''.
(f) Use of Telehealth to Conduct Face-to-face Encounter
Prior to Recertification of Eligibility for Hospice Care
During Emergency Period.--Section 1814(a)(7)(D)(i)(II) of the
Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is
amended by striking ``and during the 151-day period beginning
on the first day after the end of such emergency period'' and
inserting ``and, in the case that such emergency period ends
before December 31, 2024, during the period beginning on the
first day after the end of such emergency period described in
such section 1135(g)(1)(B) and ending on December 31, 2024''.
(g) Study on Telehealth and Medicare Program Integrity.--
(1) In general.--
(A) Study.--The Secretary shall conduct a study using
medical record review, as described in subparagraph (C), on
program integrity related to telehealth services under part B
of title XVIII of the Social Security Act (42 U.S.C. 1395j et
seq.).
(B) Scope of study.--In conducting the study under
subparagraph (A), the Secretary shall review and analyze
information (to the extent that such information is
available) on the duration of telehealth services furnished,
the types of telehealth services furnished, and, to the
extent feasible, the impact of the telehealth services
furnished on future utilization of health care services by
Medicare beneficiaries, such as the utilization of additional
telehealth services or in-person services, including
hospitalizations and emergency department visits. The
Secretary may also review and analyze information on--
(i) any geographic differences in utilization of telehealth
services;
(ii) documentation of the care and methods of delivery
associated with telehealth services; and
(iii) other areas, as determined appropriate by the
Secretary.
(C) Medical record review.--In conducting the study under
subparagraph (A), the Secretary shall conduct medical record
review of a sample of claims for telehealth services with
dates of service during the period beginning on January 1,
2022, and ending on December 31, 2024. For such claims with a
date of service during the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)), the Secretary shall only conduct medical
record review of those claims that have undergone standard
program integrity review (as defined in paragraph (2)(B)), as
determined appropriate by the Secretary.
(D) Reports.--
(i) Interim report.--Not later than October 1, 2024, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives
an interim report on the study conducted under subparagraph
(A).
(ii) Final report.--Not later than April 1, 2026, the
Secretary shall submit to the Committee on Finance of the
Senate and the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives a
final report on the study conducted under subparagraph (A).
(2) Definitions.--In this subsection:
(A) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(B) Standard program integrity review.--The term ``standard
program integrity review'' refers to the review of any claim
that requires a review of the associated medical record by
the Secretary to determine the medical necessity of the
services furnished or to identify potential fraud.
(C) Telehealth service.--The term ``telehealth service''
has the meaning given that term in section 1834(m)(4)(F) of
the Social Security Act (42 U.S.C. 1395(m)(4)(F)).
(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023, out
of any amounts in the Treasury not otherwise appropriated,
$10,000,000, to remain available until expended, for purposes
of carrying out this subsection.
(h) Program Instruction Authority.--Notwithstanding any
other provision of law, the Secretary of Health and Human
Services may implement the provisions of, including
amendments made by, this section through program instruction
or otherwise.
SEC. 4114. REVISED PHASE-IN OF MEDICARE CLINICAL LABORATORY
TEST PAYMENT CHANGES.
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security
Act (42 U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``through 2025'' and
inserting ``through 2026''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``and 2022'' and inserting
``through 2023''; and
(B) in clause (iii), by striking ``2023 through 2025'' and
inserting ``2024 through 2026''.
(b) Revised Reporting Period for Reporting of Private
Sector Payment Rates for Establishment of Medicare Payment
Rates.--Section 1834A(a)(1)(B) of the Social Security Act (42
U.S.C. 1395m-1(a)(1)(B)) is amended--
(1) in clause (i), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''; and
(2) in clause (ii)--
(A) by striking ``January 1, 2023'' and inserting ``January
1, 2024''; and
(B) by striking ``March 31, 2023'' and inserting ``March
31, 2024''.
Subtitle C--Medicare Mental Health Provisions
SEC. 4121. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES
AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART
B OF THE MEDICARE PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (GG), by striking ``and'' after the
semicolon at the end;
(B) in subparagraph (HH), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(II) marriage and family therapist services (as defined
in subsection (lll)(1)) and mental health counselor services
(as defined in subsection (lll)(3));''.
(2) Definitions.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the
following new subsection:
``(lll) Marriage and Family Therapist Services; Marriage
and Family Therapist; Mental Health Counselor Services;
Mental Health Counselor.--
``(1) Marriage and family therapist services.--The term
`marriage and family therapist services' means services
furnished by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental
illnesses (other than services furnished to an inpatient of a
hospital), which the marriage and family therapist is legally
authorized to perform under State law (or the State
regulatory mechanism provided by State law) of the State in
which such services are furnished, as would otherwise be
covered if furnished by a physician or as an incident to a
physician's professional service.
``(2) Marriage and family therapist.--The term `marriage
and family therapist' means an individual who--
``(A) possesses a master's or doctor's degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law of the State in which
such individual furnishes the services described in paragraph
(1);
``(B) is licensed or certified as a marriage and family
therapist by the State in which such individual furnishes
such services;
``(C) after obtaining such degree has performed at least 2
years of clinical supervised experience in marriage and
family therapy; and
``(D) meets such other requirements as specified by the
Secretary.
``(3) Mental health counselor services.--The term `mental
health counselor services' means services furnished by a
mental health counselor (as defined in paragraph (4)) for the
diagnosis and treatment of mental illnesses (other than
services furnished to an inpatient of a hospital), which the
mental health counselor is legally authorized to perform
under State law (or the State regulatory mechanism provided
by the State law) of the State in which such services are
furnished, as would otherwise be covered if furnished by a
physician or as incident to a physician's professional
service.
``(4) Mental health counselor.--The term `mental health
counselor' means an individual who--
``(A) possesses a master's or doctor's degree which
qualifies for licensure or certification as a mental health
counselor, clinical professional counselor, or professional
counselor under the State law of the State in which such
individual furnishes the services described in paragraph (3);
``(B) is licensed or certified as a mental health
counselor, clinical professional counselor, or professional
counselor by the State in which the services are furnished;
``(C) after obtaining such a degree has performed at least
2 years of clinical supervised experience in mental health
counseling; and
``(D) meets such other requirements as specified by the
Secretary.''.
(3) Amount of payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)), as amended by section
11101(b) of Public Law 117-169, is further amended--
(A) by striking ``, and (EE)'' and inserting ``(EE)''; and
(B) by inserting before the semicolon at the end the
following: ``and (FF) with respect to marriage and family
therapist services and mental health counselor services under
section 1861(s)(2)(II), the amounts paid shall be 80 percent
of the lesser of the actual charge for the services or 75
percent of the amount determined for payment of a
psychologist under subparagraph (L)''.
(4) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing
facility prospective payment system.--Section
1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and
family therapist services (as defined in section
1861(lll)(1)), mental health counselor services (as defined
in section 1861(lll)(3)),'' after ``qualified psychologist
services,''.
(5) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of
claims.--Section 1842(b)(18)(C) of the Social Security Act
[[Page H10459]]
(42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end
the following new clauses:
``(vii) A marriage and family therapist (as defined in
section 1861(lll)(2)).
``(viii) A mental health counselor (as defined in section
1861(lll)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in
Certain Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) of the Social Security Act
(42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a
clinical social worker (as defined in subsection (hh)(1))''
and inserting ``, by a clinical social worker (as defined in
subsection (hh)(1)), by a marriage and family therapist (as
defined in subsection (lll)(2)), or by a mental health
counselor (as defined in subsection (lll)(4))''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of
the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III))
is amended by inserting ``, marriage and family therapist, or
mental health counselor'' after ``social worker''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to services furnished on or after
January 1, 2024.
SEC. 4122. ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``and (9)'' and
inserting ``(9), and (10)'';
(2) in paragraph (4)(H)(i), by striking ``and (9)'' and
inserting ``(9), and (10)''; and
(3) by adding at the end the following new paragraph:
``(10) Distribution of additional residency positions in
psychiatry and psychiatry subspecialties.--
``(A) Additional residency positions.--
``(i) In general.--For fiscal year 2026, the Secretary
shall, subject to the succeeding provisions of this
paragraph, increase the otherwise applicable resident limit
for each qualifying hospital (as defined in subparagraph (F))
that submits a timely application under this subparagraph by
such number as the Secretary may approve effective beginning
July 1 of the fiscal year of the increase.
``(ii) Number available for distribution.--The aggregate
number of such positions made available under this paragraph
shall be equal to 200.
``(iii) Distribution for psychiatry or psychiatry
subspecialty residencies.--At least 100 of the positions made
available under this paragraph shall be distributed for a
psychiatry or psychiatry subspecialty residency (as defined
in subparagraph (F)).
``(iv) Timing.--The Secretary shall notify hospitals of the
number of positions distributed to the hospital under this
paragraph as a result of an increase in the otherwise
applicable resident limit by January 31 of the fiscal year of
the increase. Such increase shall be effective beginning July
1 of such fiscal year.
``(B) Distribution.--For purposes of providing an increase
in the otherwise applicable resident limit under subparagraph
(A), the following shall apply:
``(i) Considerations in distribution.--In determining for
which qualifying hospitals such an increase is provided under
subparagraph (A), the Secretary shall take into account the
demonstrated likelihood of the hospital filling the positions
made available under this paragraph within the first 5
training years beginning after the date the increase would be
effective, as determined by the Secretary.
``(ii) Minimum distribution for certain categories of
hospitals.--With respect to the aggregate number of such
positions available for distribution under this paragraph,
the Secretary shall distribute not less than 10 percent of
such aggregate number to each of the following categories of
hospitals:
``(I) Hospitals that are located in a rural area (as
defined in section 1886(d)(2)(D)) or are treated as being
located in a rural area pursuant to section 1886(d)(8)(E).
``(II) Hospitals in which the reference resident level of
the hospital (as specified in subparagraph (F)(iii)) is
greater than the otherwise applicable resident limit.
``(III) Hospitals in States with--
``(aa) new medical schools that received `Candidate School'
status from the Liaison Committee on Medical Education or
that received `Pre-Accreditation' status from the American
Osteopathic Association Commission on Osteopathic College
Accreditation on or after January 1, 2000, and that have
achieved or continue to progress toward `Full Accreditation'
status (as such term is defined by the Liaison Committee on
Medical Education) or toward `Accreditation' status (as such
term is defined by the American Osteopathic Association
Commission on Osteopathic College Accreditation); or
``(bb) additional locations and branch campuses established
on or after January 1, 2000, by medical schools with `Full
Accreditation' status (as such term is defined by the Liaison
Committee on Medical Education) or `Accreditation' status (as
such term is defined by the American Osteopathic Association
Commission on Osteopathic College Accreditation).
``(IV) Hospitals that serve areas designated as health
professional shortage areas under section 332(a)(1)(A) of the
Public Health Service Act, as determined by the Secretary.
``(iii) Pro rata application.--The Secretary shall ensure
that each qualifying hospital that submits a timely
application under subparagraph (A) receives at least 1 (or a
fraction of 1) of the positions made available under this
paragraph before any qualifying hospital receives more than 1
of such positions.
``(C) Requirements.--
``(i) Limitation.--A hospital may not receive more than 10
additional full-time equivalent residency positions under
this paragraph.
``(ii) Prohibition on distribution to hospitals without an
increase agreement.--No increase in the otherwise applicable
resident limit of a hospital may be made under this paragraph
unless such hospital agrees to increase the total number of
full-time equivalent residency positions under the approved
medical residency training program of such hospital by the
number of such positions made available by such increase
under this paragraph.
``(iii) Requirement for hospitals to expand programs.--If a
hospital that receives an increase in the otherwise
applicable resident limit under this paragraph would be
eligible for an adjustment to the otherwise applicable
resident limit for participation in a new medical residency
training program under section 413.79(e)(3) of title 42, Code
of Federal Regulations (or any successor regulation), the
hospital shall ensure that any positions made available under
this paragraph are used to expand an existing program of the
hospital, and not for participation in a new medical
residency training program.
``(D) Application of per resident amounts for nonprimary
care.--With respect to additional residency positions in a
hospital attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are deemed
to be equal to the hospital per resident amounts for
nonprimary care computed under paragraph (2)(D) for that
hospital.
``(E) Permitting facilities to apply aggregation rules.--
The Secretary shall permit hospitals receiving additional
residency positions attributable to the increase provided
under this paragraph to, beginning in the fifth year after
the effective date of such increase, apply such positions to
the limitation amount under paragraph (4)(F) that may be
aggregated pursuant to paragraph (4)(H) among members of the
same affiliated group.
``(F) Definitions.--In this paragraph:
``(i) Otherwise applicable resident limit.--The term
`otherwise applicable resident limit' means, with respect to
a hospital, the limit otherwise applicable under
subparagraphs (F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without regard to this
paragraph but taking into account paragraphs (7)(A), (7)(B),
(8)(A), (8)(B), and (9)(A).
``(ii) Psychiatry or psychiatry subspecialty residency.--
The term `psychiatry or psychiatry subspecialty residency'
means a residency in psychiatry as accredited by the
Accreditation Council for Graduate Medical Education for the
purpose of preventing, diagnosing, and treating mental health
disorders.
``(iii) Qualifying hospital.--The term `qualifying
hospital' means a hospital described in any of subclauses (I)
through (IV) of subparagraph (B)(ii).
``(iv) Reference resident level.--The term `reference
resident level' means, with respect to a hospital, the
resident level for the most recent cost reporting period of
the hospital ending on or before the date of enactment of
this paragraph, for which a cost report has been settled (or,
if not, submitted (subject to audit)), as determined by the
Secretary.
``(v) Resident level.--The term `resident level' has the
meaning given such term in paragraph (7)(C)(i).''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking ``and
(h)(9)'' and inserting ``(h)(9), and (h)(10)'';
(2) by moving clause (xii) 4 ems to the left; and
(3) by adding at the end the following new clause:
``(xiii) For discharges occurring on or after July 1, 2026,
insofar as an additional payment amount under this
subparagraph is attributable to resident positions
distributed to a hospital under subsection (h)(10), the
indirect teaching adjustment factor shall be computed in the
same manner as provided under clause (ii) with respect to
such resident positions.''.
(c) Prohibition on Judicial Review.--Section 1886(h)(7)(E)
of the Social Security Act (42 U.S.C. 1395ww--4(h)(7)(E)) is
amended by inserting ``paragraph (10),'' after ``paragraph
(8),''.
SEC. 4123. IMPROVING MOBILE CRISIS CARE IN MEDICARE.
(a) Payment for Psychotherapy for Crisis Services Furnished
in an Applicable Site of Service.--
(1) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)) is amended by adding at the end the
following new paragraph:
``(12) Payment for psychotherapy for crisis services
furnished in an applicable site of service.--
``(A) In general.--The Secretary shall establish new HCPCS
codes under the fee schedule established under this
subsection for services described in subparagraph (B) that
are furnished on or after January 1, 2024.
``(B) Services described.--The services described in this
subparagraph are psychotherapy for crisis services that are a
furnished in an applicable site of service.
``(C) Amount of payment.--For services described in
subparagraph (B) that are furnished to an individual in a
year (beginning with 2024), in lieu of the fee schedule
amount that would otherwise be determined under this
subsection for such year, the fee schedule amount for such
services for such year shall be equal to 150 percent of the
fee schedule amount for non-facility sites of service for
such year determined for services identified, as of January
1, 2022, by HCPCS codes 90839 and 90840 (and any succeeding
codes).
``(D) Definitions.--In this paragraph:
``(i) Applicable site of service.--The term `applicable
site of service' means a site of service other than a site
where the facility rate under
[[Page H10460]]
the fee schedule under this subsection applies and other than
an office setting.
``(ii) Psychotherapy for crisis services.--The code
descriptions for services described in subparagraph (B) shall
be the same as the code descriptions for services identified,
as of January 1, 2022, by HCPCS codes 90839 and 90840 (and
any succeeding codes), except that such new codes shall be
limited to services furnished in an applicable site of
service.''.
(2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv)
of such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
(A) in subclause (IV), by striking ``and'' at the end;
(B) in subclause (V), by striking the period at the end and
inserting ``; and'' and
(C) by adding at the end the following new subclause:
``(VI) subsection (b)(12) shall not be taken into account
in applying clause (ii)(II) for 2024.''.
(b) Education and Outreach.--Not later than January 1,
2024, the Secretary shall use existing communications
mechanisms to provide education and outreach to stakeholders
with respect to the ability of health professionals to bill
for psychotherapy for crisis services under the Medicare
physician fee schedule under section 1848 of the Social
Security Act (42 U.S.C. 1395w-4) when such services are
furnished in an applicable site of service to a Medicare
beneficiary who is experiencing a mental or behavioral health
crisis.
(c) Open Door Forum.--Not later than January 1, 2024, the
Secretary shall convene stakeholders and experts for an open
door forum or other appropriate mechanism to discuss current
Medicare program coverage and payment policies for services
that can be furnished to provide care to a Medicare
beneficiary who is experiencing a mental or behavioral health
crisis.
(d) Education and Outreach on the Use of Peer Support
Specialists and Other Auxiliary Personnel in Furnishing of
Psychotherapy for Crisis Services and Behavioral Health
Integration Services.--Not later than January 1, 2024, the
Secretary shall use existing communication mechanisms to
provide education and outreach to providers of services,
physicians, and practitioners with respect to the ability of
auxiliary personnel, including peer support specialists, to
participate, consistent with applicable requirements for
auxiliary personnel, in the furnishing of--
(1) psychotherapy for crisis services billed under the
Medicare physician fee schedule under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4), as well as other
services that can be furnished to a Medicare beneficiary
experiencing a mental or behavioral health crisis; and
(2) behavioral health integration services.
(e) Definitions.--In this section:
(1) Applicable site of service.--The term ``applicable site
of service'' has the meaning given that term in section
1848(b)(12)(D)(i) of the Social Security Act, as added by
subsection (a).
(2) Behavioral health integration services.--The term
``behavioral health integration services'' means services
identified, as of January 1, 2022, by HCPCS codes 99484,
99492, 99493, 99494, and G2214 (and any successor or similar
codes as determined appropriate by the Secretary).
(3) Psychotherapy for crisis services.--The term
``psychotherapy for crisis services'' means services
described in 1848(b)(12)(D)(ii) of the Social Security Act,
as added by subsection (a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4124. ENSURING ADEQUATE COVERAGE OF OUTPATIENT MENTAL
HEALTH SERVICES UNDER THE MEDICARE PROGRAM.
(a) Modification of Definition of Partial Hospitalization
Services.--Section 1861(ff)(1) of the Social Security Act (42
U.S.C. 1395x(ff)(1)) is amended by inserting ``for an
individual determined (not less frequently than monthly) by a
physician to have a need for such services for a minimum of
20 hours per week'' after ``prescribed by a physician''.
(b) Coverage of Intensive Outpatient Services.--
(1) Scope of benefits.--
(A) Community mental health centers.--Section 1832(a)(2)(J)
of the Social Security Act (42 U.S.C. 1395k(a)(2)(J)) is
amended by inserting ``and intensive outpatient services''
after ``partial hospitalization services''.
(B) Incident-to services.--Section 1861(s)(2)(B) is amended
by inserting ``or intensive outpatient services'' after
``partial hospitalization services''.
(2) Definition.--Section 1861(ff) of the Social Security
Act (42 U.S.C. 1395x(ff)) is amended--
(A) in the header, by inserting ``; Intensive Outpatient
Services'' after ``Partial Hospitalization Services''; and
(B) by adding at the end the following new paragraph:
``(4) The term `intensive outpatient services' has the
meaning given the term `partial hospitalization services' in
paragraph (1), except that--
``(A) section 1835(a)(2)(F)(i) shall not apply;
``(B) the reference in such paragraph to an individual
`determined (not less frequently than monthly) by a physician
to have a need for such services for a minimum of 20 hours
per week' shall be treated as a reference to an individual
`determined (not less frequently than once every other month)
by a physician to have a need for such services for a minimum
of 9 hours per week'; and
``(C) the reference to `a community mental health center
(as defined in subparagraph (B))' in paragraph (3) shall be
treated as a reference to `a community mental health center
(as defined in subparagraph (B)), a Federally qualified
health center, or a rural health clinic'.''.
(3) Exclusion from calculation of certain treatment
costs.--Section 1833(c)(2) of the Social Security Act (42
U.S.C. 1395l(c)(2)) is amended by inserting ``or intensive
outpatient services'' after ``partial hospitalization
services''.
(4) Conforming amendments.--
(A) Intensive outpatient services.--Section 1861(aa) of the
Social Security Act (42 U.S.C. 1395x(aa)) is amended--
(i) in paragraph (1)--
(I) in subparagraph (B), by striking ``and'' at the end;
(II) in subparagraph (C), by adding ``and'' at the end; and
(III) by inserting after subparagraph (C) the following new
subparagraph:
``(D) intensive outpatient services (as defined in section
1861(ff)(4)),''; and
(ii) in paragraph (3), by striking ``through (C)'' and
inserting ``through (D)''.
(B) Provider of services.--Section 1866(e)(2) of the Social
Security Act (42 U.S.C. 1395cc(e)(2)) is amended by inserting
``, or intensive outpatient services (as described in section
1861(ff)(4))'' after ``partial hospitalization services (as
described in section 1861(ff)(1))''.
(c) Special Payment Rule for FQHCs and RHCs.--Section 1834
of the Social Security Act (42 U.S.C. 1395m) is amended--
(1) in subsection (o), by adding at the end the following
new paragraph:
``(5) Special payment rule for intensive outpatient
services.--
``(A) In general.--In the case of intensive outpatient
services furnished by a Federally qualified health center,
the payment amount for such services shall be equal to the
amount that would have been paid under this title for such
services had such services been covered OPD services
furnished by a hospital.
``(B) Exclusion.--Costs associated with intensive
outpatient services shall not be used to determine the amount
of payment for Federally qualified health center services
under the prospective payment system under this
subsection.''; and
(2) in subsection (y)--
(A) in the header, by striking ``to Hospice Patients''; and
(B) by adding at the end the following new paragraph:
``(3) Special payment rule for intensive outpatient
services.--
``(A) In general.--In the case of intensive outpatient
services furnished by a rural health clinic, the payment
amount for such services shall be equal to the amount that
would have been paid under this title for such services had
such services been covered OPD services furnished by a
hospital.
``(B) Exclusion.--Costs associated with intensive
outpatient services shall not be used to determine the amount
of payment for rural health clinic services under the
methodology for all-inclusive rates (established by the
Secretary) under section 1833(a)(3).''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to items and services furnished on
or after January 1, 2024.
SEC. 4125. IMPROVEMENTS TO MEDICARE PROSPECTIVE PAYMENT
SYSTEM FOR PSYCHIATRIC HOSPITALS AND
PSYCHIATRIC UNITS.
(a) Improvements Through Additional Claims Data.--Section
1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)) is
amended by adding at the end the following new paragraph:
``(5) Additional data and information.--
``(A) In general.--The Secretary shall collect data and
information as the Secretary determines appropriate to revise
payments under the system described in paragraph (1) for
psychiatric hospitals and psychiatric units pursuant to
subparagraph (D) and for other purposes as determined
appropriate by the Secretary. The Secretary shall begin to
collect such data by not later than October 1, 2023.
``(B) Data and information.--The data and information to be
collected under subparagraph (A) may include--
``(i) charges, including those related to ancillary
services;
``(ii) the required intensity of behavioral monitoring,
such as cognitive deficit, suicide ideations, violent
behavior, and need for physical restraint; and
``(iii) interventions, such as detoxification services for
substance abuse, dependence on respirator, total parenteral
nutritional support, dependence on renal dialysis, and burn
care.
``(C) Method of collection.--The Secretary may collect the
additional data and information under subparagraph (A) on
cost reports, on claims, or otherwise.
``(D) Revisions to payment rates.--
``(i) In general.--Notwithstanding the preceding paragraphs
of this subsection or section 124 of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999, for rate
year 2025 (and for any subsequent rate year, if determined
appropriate by the Secretary), the Secretary shall, by
regulation, implement revisions to the methodology for
determining the payment rates under the system described in
paragraph (1) for psychiatric hospitals and psychiatric
units, as the Secretary determines to be appropriate. Such
revisions may be based on a review of data and information
collected under subparagraph (A).
``(ii) Review.--The Secretary may make revisions to the
diagnosis-related group classifications, in accordance with
subsection (d)(4)(C), to reflect nursing and staff resource
use and costs involved in furnishing services at such
hospitals and units, including considerations for patient
complexity and prior admission to an inpatient psychiatric
facility, which may be based on review of data and
information collected under subparagraph (A), as the
Secretary determines to be appropriate.
[[Page H10461]]
``(iii) Budget neutrality.--Revisions in payment
implemented pursuant to clause (i) for a rate year shall
result in the same estimated amount of aggregate expenditures
under this title for psychiatric hospitals and psychiatric
units furnished in the rate year as would have been made
under this title for such care in such rate year if such
revisions had not been implemented.''.
(b) Improvements Through Standardized Patient Assessment
Data.--Section 1886(s) of the Social Security Act (42 U.S.C.
1395ww(s)), as amended by subsection (a), is further
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)(i), by striking ``subparagraph
(C)'' and inserting ``subparagraphs (C) and (E)'';
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Standardized patient assessment data.--
``(i) In general.--For rate year 2028 and each subsequent
rate year, in addition to such data on the quality measures
described in subparagraph (C), each psychiatric hospital and
psychiatric unit shall submit to the Secretary, through the
use of a standardized assessment instrument implemented under
clause (iii), the standardized patient assessment data
described in clause (ii). Such data shall be submitted with
respect to admission and discharge of an individual (and may
be submitted more frequently as the Secretary determines
appropriate).
``(ii) Standardized patient assessment data described.--For
purposes of clause (i), the standardized patient assessment
data described in this clause, with respect to a psychiatric
hospital or psychiatric unit, is data with respect to the
following categories:
``(I) Functional status, such as mobility and self-care at
admission to a psychiatric hospital or unit and before
discharge from a psychiatric hospital or unit.
``(II) Cognitive function, such as ability to express ideas
and to understand, and mental status, such as depression and
dementia.
``(III) Special services, treatments, and interventions for
psychiatric conditions.
``(IV) Medical conditions and co-morbidities, such as
diabetes, congestive heart failure, and pressure ulcers.
``(V) Impairments, such as incontinence and an impaired
ability to hear, see, or swallow.
``(VI) Other categories as determined appropriate by the
Secretary.
``(iii) Standardized assessment instrument.--
``(I) In general.--For purposes of clause (i), the
Secretary shall implement a standardized assessment
instrument that provides for the submission of standardized
patient assessment data under this title with respect to
psychiatric hospitals and psychiatric units which enables
comparison of such assessment data across all such hospitals
and units to which such data are applicable.
``(II) Funding.--The Secretary shall provide for the
transfer, from the Federal Hospital Insurance Trust Fund
under section 1817 to the Centers for Medicare & Medicaid
Services Program Management Account, of $10,000,000 for
purposes of carrying out subclause (I).''; and
(D) in subparagraph (F), as redesignated by subparagraph
(B) of this paragraph, by striking ``subparagraph (C)'' and
inserting ``subparagraphs (C) and (F)''; and
(2) by adding at the end the following new paragraph:
``(6) Additional considerations for diagnosis-related group
classifications.--
``(A) In general.--Notwithstanding the preceding paragraphs
of this subsection (other than paragraph (5)) or section 124
of the Medicare, Medicaid, and SCHIP Balanced Budget
Refinement Act of 1999, beginning not later than rate year
2031, in addition to any revisions pursuant to paragraph (5),
the Secretary shall, by regulation, implement revisions to
the methodology for determining the payment rates under the
system described in paragraph (1) for psychiatric hospitals
and psychiatric units, as the Secretary determines to be
appropriate, to take into account the patient assessment data
described in paragraph (4)(E)(ii).
``(B) Budget neutrality.--Revisions in payment implemented
pursuant to subparagraph (A) for a rate year shall result in
the same estimated amount of aggregate expenditures under
this title for psychiatric hospitals and psychiatric units
furnished in the rate year as would have been made under this
title for such care in such rate year if such revisions had
not been implemented.''.
(c) Improvements Through Inclusion of Patients' Perspective
on Care Quality Measure.--Section 1886(s)(4) of the Social
Security Act (42 U.S.C. 1395ww(s)(4)) is amended--
(1) in subparagraph (D), by adding at the end the following
new clause:
``(iv) Patients' perspective on care.--Not later than for
rate year 2031, the quality measures specified under this
subparagraph shall include a quality measure of patients'
perspective on care.''; and
(2) in subparagraph (E), by inserting ``, including the
quality measure of patients' perspective on care described in
subparagraph (D)(iv),'' after ``shall report quality
measures''.
SEC. 4126. EXCEPTION FOR PHYSICIAN WELLNESS PROGRAMS.
(a) In General.--Section 1877(e) of the Social Security Act
(42 U.S.C. 1395nn(e)) is amended by adding at the end the
following:
``(9) Physician wellness programs.--A bona fide mental
health or behavioral health improvement or maintenance
program offered to a physician by an entity, if--
``(A) such program--
``(i) consists of counseling, mental health services, a
suicide prevention program, or a substance use disorder
prevention and treatment program;
``(ii) is made available to a physician for the primary
purpose of preventing suicide, improving mental health and
resiliency, or providing training in appropriate strategies
to promote the mental health and resiliency of such
physician;
``(iii) is set out in a written policy, approved in advance
of the operation of the program by the governing body of the
entity providing such program (and which shall be updated
accordingly in advance to substantial changes to the
operation of such program), that includes--
``(I) a description of the content and duration of the
program;
``(II) a description of the evidence-based support for the
design of the program;
``(III) the estimated cost of the program;
``(IV) the personnel (including the qualifications of such
personnel) conducting the program; and
``(V) the method by which such entity will evaluate the use
and success of the program;
``(iv) is offered by an entity described in subparagraph
(B) with a formal medical staff to all physicians who
practice in the geographic area served by such entity,
including physicians who hold bona fide appointments to the
medical staff of such entity or otherwise have clinical
privileges at such entity;
``(v) is offered to all such physicians on the same terms
and conditions and without regard to the volume or value of
referrals or other business generated by a physician for such
entity;
``(vi) is evidence-based and conducted by a qualified
health professional; and
``(vii) meets such other requirements the Secretary may
impose by regulation as needed to protect against program or
patient abuse;
``(B) such entity is--
``(i) a hospital;
``(ii) an ambulatory surgical center;
``(iii) a community health center;
``(iv) a rural emergency hospital;
``(v) a rural health clinic;
``(vi) a skilled nursing facility; or
``(vii) a similar entity, as determined by the Secretary;
and
``(C) neither the provision of such program, nor the value
of such program, are contingent upon the number or value of
referrals made by a physician to such entity or the amount or
value of other business generated by such physician for the
entity.''.
(b) Exception Under the Anti-kickback Statute.--Section
1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-
7b(b)(3)) is amended--
(1) in subparagraph (J), by striking ``and'' at the end;
(2) in subparagraph (K), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(L) a bona fide mental health or behavioral health
improvement or maintenance program, if--
``(i) such program--
``(I) consists of counseling, mental health services, a
suicide prevention program, or a substance use disorder
prevention and treatment program;
``(II) is made available to a physician or other clinician
for the primary purpose of preventing suicide, improving
mental health and resiliency, or providing training in
appropriate strategies to promote the mental health and
resiliency of such physician or other clinician;
``(III) is set out in a written policy, approved in advance
of the operation of the program by the governing body of the
entity providing such program (and which shall be updated
accordingly in advance to substantial changes to the
operation of such program), that includes--
``(aa) a description of the content and duration of the
program;
``(bb) a description of the evidence-based support for the
design of the program;
``(cc) the estimated cost of the program;
``(dd) the personnel (including the qualifications of such
personnel) implementing the program; and
``(ee) the method by which such entity will evaluate the
use and success of the program;
``(IV) is offered by an entity described in clause (ii)
with a formal medical staff to all physicians and other
clinicians who practice in the geographic area served by such
entity, including physicians who hold bona fide appointments
to the medical staff of such entity or otherwise have
clinical privileges at such entity;
``(V) is offered to all such physicians and clinicians on
the same terms and conditions and without regard to the
volume or value of referrals or other business generated by a
physician or clinician for such entity;
``(VI) is evidence-based and conducted by a qualified
health professional; and
``(VII) meets such other requirements the Secretary may
impose by regulation as needed to protect against program or
patient abuse;
``(ii) such entity is--
``(I) a hospital;
``(II) an ambulatory surgical center;
``(III) a community health center;
``(IV) a rural emergency hospital;
``(V) a skilled nursing facility; or
``(VI) any similar entity, as determined by the Secretary;
and
``(iii) neither the provision of such program, nor the
value of such program, are contingent upon the number or
value of referrals made by a physician or other clinician to
such entity or the amount or value of other business
generated by such physician for the entity.''.
SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-
KICKBACK STATUTE FOR CERTAIN CONTINGENCY
MANAGEMENT INTERVENTIONS.
Section 1128D(a) of the Social Security Act (42 U.S.C.
1320a-7d(a)) is amended by adding at the end the following
new paragraph:
``(3) Consideration of safe harbor for certain contingency
management interventions.--
[[Page H10462]]
``(A) In general.--Not later than one year after the date
of the enactment of this paragraph, the Inspector General
shall conduct a review on whether to establish a safe harbor
described in paragraph (1)(A)(ii) for evidence-based
contingency management incentives and the parameters for such
a safe harbor. In conducting the review under the previous
sentence, the Inspector General shall consider the extent to
which providing such a safe harbor for evidence-based
contingency management incentives may result in any of the
factors described in paragraph (2).
``(B) Report.--Not later than two years after the date of
the enactment of this paragraph, the Secretary and the
Inspector General shall submit to Congress recommendations,
including based on the review conducted under subparagraph
(A), for improving access to evidence-based contingency
management interventions while ensuring quality of care,
ensuring fidelity to evidence-based practices, and including
strong program integrity safeguards that prevent increased
waste, fraud, and abuse and prevent medically unnecessary or
inappropriate items or services reimbursed in whole or in
part by a Federal health care program.''.
SEC. 4128. PROVIDER OUTREACH AND REPORTING ON CERTAIN
BEHAVIORAL HEALTH INTEGRATION SERVICES.
(a) Outreach.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
conduct outreach to physicians and appropriate non-physician
practitioners participating under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) with respect to behavioral health integration services
described by any of HCPCS codes 99492 through 99494 or 99484
(or any successor code). Such outreach shall include a
comprehensive, one-time education initiative to inform such
physicians and practitioners of the inclusion of such
services as a covered benefit under the Medicare program,
including describing the requirements to bill for such codes
and the requirements for beneficiary eligibility for such
services.
(b) Reports to Congress.--
(1) Provider outreach.--Not later than 1 year after the
date of the completion of the education initiative described
in subsection (a), the Secretary shall submit to the
Committee on Ways and Means and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Finance of the Senate a report on the outreach conducted
under such subsection. Such report shall include a
description of the methods used for such outreach.
(2) Utilization rates.--Not later than 18 months after the
date of the completion of the education initiative described
in subsection (a), and two years thereafter, the Secretary
shall submit to the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
report on the number of Medicare beneficiaries (including
those beneficiaries accessing services in rural and
underserved areas) who, during the preceding year, were
furnished services described in subsection (a) for which
payment was made under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
SEC. 4129. OUTREACH AND REPORTING ON OPIOID USE DISORDER
TREATMENT SERVICES FURNISHED BY OPIOID
TREATMENT PROGRAMS.
(a) Outreach.--
(1) Provider outreach.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall conduct outreach to physicians and appropriate non-
physician practitioners participating under the Medicare
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) with respect to opioid use disorder
treatment services furnished by an opioid treatment program
(as defined in section 1861(jjj) of the Social Security Act
(42 U.S.C. 1395x(jjj))). Such outreach shall include a
comprehensive, one-time education initiative to inform such
physicians and practitioners of the inclusion of such
services as a covered benefit under the Medicare program,
including describing the requirements for billing and the
requirements for beneficiary eligibility for such services.
(2) Beneficiary outreach.--The Secretary shall conduct
outreach to Medicare beneficiaries with respect to opioid use
disorder treatment services furnished by an opioid treatment
program (as defined in section 1861(jjj) of the Social
Security Act (42 U.S.C. 1395x(jjj))), including a
comprehensive, one-time education initiative informing such
beneficiaries about the eligibility requirements to receive
such services.
(b) Reports to Congress.--
(1) Outreach.--Not later than 1 year after the date of the
completion of the education initiatives described in
subsection (a), the Secretary shall submit to the Committee
on Ways and Means and the Committee on Energy and Commerce of
the House of Representatives and the Committee on Finance of
the Senate a report on the outreach conducted under such
subsection. Such report shall include a description of the
methods used for such outreach.
(2) Utilization rates.--Not later than 18 months after the
date of the completion of the education initiatives described
in subsection (a), and two years thereafter, the Secretary
shall submit to the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
report on the number of Medicare beneficiaries who, during
the preceding year, were furnished opioid use disorder
treatment services by an opioid treatment program (as defined
in section 1861(jjj) of the Social Security Act (42 U.S.C.
1395x(jjj))) for which payment was made under title XVIII of
such Act (42 U.S.C. 1395 et seq.).
SEC. 4130. GAO STUDY AND REPORT COMPARING COVERAGE OF MENTAL
HEALTH AND SUBSTANCE USE DISORDER BENEFITS AND
NON-MENTAL HEALTH AND SUBSTANCE USE DISORDER
BENEFITS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller
General'') shall conduct a study that compares the mental
health and substance use disorder benefits offered by
Medicare Advantage plans (including specialized MA plans for
special needs individuals, as defined in section 1859(b)(6)
of the Social Security Act (42 U.S.C. 1395w-28(b)(6)) under
part C of title XVIII of such Act with--
(A) benefits (other than mental health and substance use
disorder benefits) offered by such Medicare Advantage plans;
and
(B) the mental health and substance use disorder benefits
under the original Medicare fee-for-service program under
parts A and B of such title XVIII.
(2) Analysis.--To the extent data is available and
reliable, the study under paragraph (1) shall include an
analysis of--
(A) out-of-pocket expenses for in-network care;
(B) the use of prior authorization and other utilization
management tools;
(C) the mental health and substance use disorder benefits
offered; and
(D) other items determined appropriate by the Comptroller
General.
(3) Plan and service specific.--To the extent practicable,
the study under paragraph (1) shall examine differences by
type of Medicare Advantage plan and type of item or service.
(4) Both required and supplemental benefits.--For purposes
of the study under paragraph (1), benefits offered by
Medicare Advantage plans (including specialized MA plans for
special needs individuals) under part C of title XVIII of the
Social Security Act shall include both and differentiate
between--
(A) benefits under the original Medicare fee-for-service
program, as described in section 1852(a)(1)(B) of such Act
(42 U.S.C. 1395w-22(a)(1)(B)); and
(B) supplemental health care benefits, as described in
section 1852(a)(3)(A) of such Act (42 U.S.C. 1395w-
22(a)(3)(A)).
(b) Report.--Not later than 30 months after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection
(a).
Subtitle D--Other Medicare Provisions
SEC. 4131. TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL
DRUGS AS COVERED PART D DRUG.
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C.
1395w-102(e)(1)) is amended--
(1) in subparagraph (A), by striking at the end ``or'';
(2) in subparagraph (B), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for the period beginning on the date of the enactment
of this subparagraph and ending on December 31, 2024, an oral
antiviral drug that may be dispensed only upon a prescription
and is authorized under section 564 of the Federal Food,
Drug, and Cosmetic Act, on the basis of the declaration
published in the Federal Register by the Secretary of Health
and Human Services on April 1, 2020 (85 Fed. Reg. 18250 et
seq.),''.
SEC. 4132. RESTORATION OF CBO ACCESS TO CERTAIN PART D
PAYMENT DATA.
Section 1860D-15(f)(2) of the Social Security Act (42
U.S.C. 1395w-115(f)(2)) is amended--
(1) in subparagraph (B), by striking at the end ``and'';
(2) in subparagraph (C), by striking at the end the period
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) by the Director of the Congressional Budget Office
for the purposes of analysis of programs authorized under the
Social Security Act, as applicable, and the fulfilment of
such Director's duties under the Congressional Budget and
Impoundment Control Act of 1974.''.
SEC. 4133. MEDICARE COVERAGE OF CERTAIN LYMPHEDEMA
COMPRESSION TREATMENT ITEMS.
(a) Coverage.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 4121(a), is
amended--
(A) in subsection (s)(2)--
(i) in subparagraph (HH), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (II), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(JJ) lymphedema compression treatment items (as defined
in subsection (mmm));''; and
(B) by adding at the end the following new subsection:
``(mmm) Lymphedema Compression Treatment Items.--The term
`lymphedema compression treatment items' means standard and
custom fitted gradient compression garments and other items
determined by the Secretary that are--
``(1) furnished on or after January 1, 2024, to an
individual with a diagnosis of lymphedema for the treatment
of such condition;
``(2) primarily and customarily used to serve a medical
purpose and for the treatment of lymphedema, as determined by
the Secretary; and
``(3) prescribed by a physician (or a physician assistant,
nurse practitioner, or a clinical nurse specialist (as those
terms are defined in section 1861(aa)(5)) to the extent
authorized under State law).''.
(2) Payment.--
(A) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) , as amended by section 4121(a),
is amended--
[[Page H10463]]
(i) by striking ``and'' before ``(FF)''; and
(ii) by inserting before the semicolon at the end the
following: ``, and (GG) with respect to lymphedema
compression treatment items (as defined in section
1861(mmm)), the amount paid shall be equal to 80 percent of
the lesser of the actual charge or the amount determined
under the payment basis determined under section 1834(z)''.
(B) Payment basis and limitations.--Section 1834 of the
Social Security Act (42 U.S.C. 1395m) is amended by adding at
the end the following new subsection:
``(z) Payment for Lymphedema Compression Treatment Items.--
``(1) In general.--The Secretary shall determine an
appropriate payment basis for lymphedema compression
treatment items (as defined in section 1861(mmm)). In making
such a determination, the Secretary may take into account
payment rates for such items under State plans (or waivers of
such plans) under title XIX, the Veterans Health
Administration, and group health plans and health insurance
coverage (as such terms are defined in section 2791 of the
Public Health Service Act), and such other information as the
Secretary determines appropriate.
``(2) Frequency limitation.--No payment may be made under
this part for lymphedema compression treatment items
furnished other than at such frequency as the Secretary may
establish.
``(3) Application of competitive acquisition.--In the case
of lymphedema compression treatment items that are included
in a competitive acquisition program in a competitive
acquisition area under section 1847(a)--
``(A) the payment basis under this subsection for such
items furnished in such area shall be the payment basis
determined under such competitive acquisition program; and
``(B) the Secretary may use information on the payment
determined under such competitive acquisition programs to
adjust the payment amount otherwise determined under this
subsection for an area that is not a competitive acquisition
area under section 1847, and in the case of such adjustment,
paragraphs (8) and (9) of section 1842(b) shall not be
applied.''.
(3) Conforming amendment.--Section 1847(a)(2) of the Social
Security Act (42 U.S.C. 1395w-3(a)(2)) is amended by adding
at the end the following new subparagraph:
``(D) Lymphedema compression treatment items.--Lymphedema
compression treatment items (as defined in section 1861(mmm))
for which payment would otherwise be made under section
1834(z).''.
(b) Inclusion in Requirements for Suppliers of Medical
Equipment and Supplies.--Section 1834 of the Social Security
Act (42 U.S.C. 1395m) is amended--
(1) in subsection (a)(20)(D), by adding at the end the
following new clause:
``(iv) Lymphedema compression treatment items (as defined
in section 1861(mmm)).''.
(2) in subsection (j)(5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following new
subparagraph:
``(E) lymphedema compression treatment items (as defined in
section 1861(mmm));''.
SEC. 4134. PERMANENT IN-HOME BENEFIT FOR IVIG SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(1) in subsection (s)(2)(Z) by inserting ``, and items and
services furnished on or after January 1, 2024, related to
the administration of intravenous immune globulin,'' after
``globulin''; and
(2) in subsection (zz), by inserting ``furnished before
January 1, 2024,'' after ``but not including items or
services''.
(b) Payment.--Section 1842(o) of the Social Security Act
(42 U.S.C. 1395u(o)) is amended by adding at the end the
following new paragraph:
``(8) In the case of intravenous immune globulin described
in section 1861(s)(2)(Z) that are furnished on or after
January 1, 2024, to an individual by a supplier in the
patient's home, the Secretary shall provide for a separate
bundled payment to the supplier for all items and services
related to the administration of such intravenous immune
globulin to such individual in the patient's home during a
calendar day in an amount that the Secretary determines to be
appropriate, which may be based on the payment established
pursuant to subsection (d) of section 101 of the Medicare
IVIG Access and Strengthening Medicare and Repaying Taxpayers
Act of 2012. For purposes of the preceding sentence, such
separate bundled payment shall not apply in the case of an
individual receiving home health services under section
1895.''.
(c) Clarification With Respect to Payment for the In-home
Administration of IVIG Items and Services.--Section
1834(j)(5) of the Social Security Act (42 U.S.C. 1395m(j)(5))
is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) items and services related to the administration of
intravenous immune globulin furnished on or after January 1,
2024, as described in section 1861(zz);''.
(d) Coinsurance.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1), as amended by section 4121(a) and
section 4133(a), is amended--
(1) by striking ``and'' before ``(GG)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (HH) with respect to items and services
related to the administration of intravenous immune globulin
furnished on or after January 1, 2024, as described in
section 1861(zz), the amounts paid shall be the lesser of the
80 percent of the actual charge or the payment amount
established under section 1842(o)(8)''.
(e) Additional Funding for Medicare IVIG Demonstration
Project.--
(1) Funding.--There is authorized to be appropriated, and
there is hereby appropriated, out of any monies in the
Treasury not otherwise appropriated, $4,300,000 for purposes
of paying for items and services furnished under the
demonstration project established by the Medicare IVIG Access
and Strengthening Medicare and Repaying Taxpayers Act of 2012
(42 U.S.C. 1395l note).
(2) Supplement, not supplant.--Any amounts appropriated
pursuant to this subsection shall be in addition to any other
amounts otherwise appropriated pursuant to any other
provision of law.
SEC. 4135. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN RELIEF.
(a) In General.--Section 1833(t) of the Social Security Act
(42 U.S.C. 1395l(t)) is amended--
(1) in paragraph (2)(E), by inserting ``and temporary
additional payments for non-opioid treatments for pain relief
under paragraph (16)(G),'' after ``payments under paragraph
(6)''; and
(2) in paragraph (16), by adding at the end the following
new subparagraph:
``(G) Temporary additional payments for non-opioid
treatments for pain relief.--
``(i) In general.--Notwithstanding any other provision of
this subsection, with respect to a non-opioid treatment for
pain relief (as defined in clause (iv)) furnished on or after
January 1, 2025, and before January 1, 2028, the Secretary
shall not package payment for such non-opioid treatment for
pain relief into a payment for a covered OPD service (or
group of services), and shall make an additional payment as
specified in clause (ii) for such non-opioid treatment for
pain relief.
``(ii) Amount of payment.--Subject to the limitation under
clause (iii), the amount of the payment specified in this
clause is, with respect to a non-opioid treatment for pain
relief that is--
``(I) a drug or biological product, the amount of payment
for such drug or biological determined under section 1847A
that exceeds the portion of the otherwise applicable Medicare
OPD fee schedule that the Secretary determines is associated
with the drug or biological; or
``(II) a medical device, the amount of the hospital's
charges for the device, adjusted to cost, that exceeds the
portion of the otherwise applicable Medicare OPD fee schedule
that the Secretary determines is associated with the device.
``(iii) Limitation.--The additional payment amount
specified in clause (ii) shall not exceed the estimated
average of 18 percent of the OPD fee schedule amount for the
OPD service (or group of services) with which the non-opioid
treatment for pain relief is furnished, as determined by the
Secretary.
``(iv) Definition of non-opioid treatment for pain
relief.--In this subparagraph, the term `non-opioid treatment
for pain relief' means a drug, biological product, or medical
device that--
``(I) in the case of a drug or biological product, has a
label indication approved by the Food and Drug Administration
to reduce postoperative pain, or produce postsurgical or
regional analgesia, without acting upon the body's opioid
receptors;
``(II) in case of a medical device, is used to deliver a
therapy to reduce postoperative pain, or produce postsurgical
or regional analgesia, and has--
``(aa) an application under section 515 of the Federal
Food, Drug, and Cosmetic Act that has been approved with
respect to the device, been cleared for market under section
510(k) of such Act, or is exempt from the requirements of
section 510(k) of such Act pursuant to subsection (l) or (m)
or section 510 of such Act or section 520(g) of such Act; and
``(bb) demonstrated the ability to replace, reduce, or
avoid intraoperative or postoperative opioid use or the
quantity of opioids prescribed in a clinical trial or through
data published in a peer-reviewed journal;
``(III) does not receive transitional pass-through payment
under paragraph (6); and
``(IV) has payment that is packaged into a payment for a
covered OPD service (or group of services).''.
(b) Ambulatory Surgical Center Payment System.--Section
1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is
amended by adding at the end the following new paragraph:
``(10) Temporary additional payments for non-opioid
treatments for pain relief.--
``(A) In general.--In the case of surgical services
furnished on or after January 1, 2025, and before January 1,
2028, the payment system described in paragraph (2)(D)(i)
shall provide, in a budget-neutral manner, for an additional
payment for a non-opioid treatment for pain relief (as
defined in clause (iv) of subsection (t)(16)(G)) furnished as
part of such services in the amount specified in clause (ii)
of such subsection, subject to the limitation under clause
(iii) of such subsection.
``(B) Transition.--A drug or biological that meets the
requirements of section 416.174 of title 42, Code of Federal
Regulations (or any successor regulation) and is a non-opioid
treatment for pain relief (as defined in clause (iv) of
subsection (t)(16)(G)) shall receive additional payment in
the amount specified in clause (ii) of such subsection,
subject to the limitation under clause (iii) of such
subsection.''.
(c) Evaluation of Coverage and Payment for Non-opioid
Therapies and Therapeutic Services for Pain Management.--
(1) Report to congress.--Not later than January 1, 2028,
the Secretary of Health and Human Services (in this
subsection referred to as the ``Secretary'') shall submit to
Congress a report--
[[Page H10464]]
(A) identifying limitations, gaps, barriers to access, or
deficits in Medicare coverage or reimbursement for
restorative therapies, behavioral approaches, and
complementary and integrative health services that are
identified in the Pain Management Best Practices Inter-Agency
Task Force Report and that have demonstrated the ability to
replace or reduce opioid consumption;
(B) recommending actions to address the limitations, gaps,
barriers to access, or deficits identified under subparagraph
(A) to improve Medicare coverage and reimbursement for such
therapies, approaches, and services; and
(C) comparing, for the 12-month period following the first
6 months in which additional payment for non-opioid
treatments for pain relief (as defined in clause (iv) of
section 1833(t)(16)(G) of the Social Security Act, as added
by subsection (a)) is made under such section
1833(t)(16)(G)--
(i) with respect to Medicare beneficiaries who received a
non-opioid treatment for pain relief (as so defined) as part
of a covered OPD service, the quantity of opioids
administered, dispensed, and prescribed for the same covered
OPD service, including postoperative management; and
(ii) with respect to Medicare beneficiaries who did not
receive a non-opioid treatment for pain relief (as so
defined) as part of the same covered OPD service in clause
(i)), the quantity of opioids administered, dispensed, and
prescribed for the same covered OPD service, including
postoperative management.
(2) Reporting standard and public consultation.--In
developing the report described in paragraph (1), the
Secretary shall compare results from nationally represented
samples of beneficiaries and consult with relevant
stakeholders as determined appropriate by the Secretary.
(3) Exclusive treatment.--Any drug, biological product, or
medical device that is a non-opioid treatment for pain relief
(as defined in section 1833(t)(16)(G)(iv) of the Social
Security Act, as added by subsection (a)) shall not be
considered a therapeutic service for purposes of the report
under paragraph (1).
SEC. 4136. TECHNICAL AMENDMENTS TO MEDICARE SEPARATE PAYMENT
FOR DISPOSABLE NEGATIVE PRESSURE WOUND THERAPY
DEVICES.
(a) In General.--Section 1834(s) of the Social Security Act
(42 U.S.C. 1395m(s)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Payment.--
``(A) In general.--The separate payment amount established
under this paragraph for an applicable disposable device for
a year shall be equal to--
``(i) for a year before 2024, the amount of the payment
that would be made under section 1833(t) (relating to payment
for covered OPD services) for the year for the Level I
Healthcare Common Procedure Coding System (HCPCS) code for
which the description for a professional service includes the
furnishing of such device;
``(ii) for 2024, the supply price used to determine the
relative value for the service under the fee schedule under
section 1848 (as of January 1, 2022) for the applicable
disposable device, updated by the specified adjustment
described in subparagraph (B) for such year; and
``(iii) for 2025 and each subsequent year, the payment
amount established under this paragraph for such device for
the previous year, updated by the specified adjustment
described in subparagraph (B) for such year.
``(B) Specified adjustment.--
``(i) In general.--For purposes of subparagraph (A), the
specified adjustment described in this subparagraph for a
year is equal to--
``(I) the percentage increase in the consumer price index
for all urban consumers (United States city average) for the
12-month period ending in June of the previous year; minus
``(II) the productivity adjustment described in section
1886(b)(3)(B)(xi)(II) for such year.
``(ii) Clarification on application of the productivity
adjustment.--The application of clause (i)(II) may result in
a specified adjustment of less than 0.0 for a year, and may
result in the separate payment amount under this subsection
for an applicable device for a year being less than such
separate payment amount for such device for the preceding
year.
``(C) Exclusion of nursing and therapy services from
separate payment.--With respect to applicable devices
furnished on or after January 1, 2024, the separate payment
amount determined under this paragraph shall not include
payment for nursing or therapy services described in section
1861(m). Payment for such nursing or therapy services shall
be made under the prospective payment system established
under section 1895 and shall not be separately billable.'';
and
(2) by adding at the end the following new paragraph:
``(4) Implementation.--As part of submitting claims for the
separate payment established under this subsection, beginning
with 2024, the Secretary shall accept and process claims
submitted using the type of bill that is most commonly used
by home health agencies to bill services under a home health
plan of care.''.
SEC. 4137. EXTENSION OF CERTAIN HOME HEALTH RURAL ADD-ON
PAYMENTS.
Subsection (b)(1)(B) of section 421 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2283; 42 U.S.C. 1395fff note),
as amended by section 5201(b) of the Deficit Reduction Act of
2005 (Public Law 109-171; 120 Stat. 46), section 3131(c) of
the Patient Protection and Affordable Care Act (Public Law
111-148; 124 Stat. 428), section 210 of the Medicare Access
and CHIP Reauthorization Act of 2015 (Public Law 114-10; 129
Stat. 151), and section 50208 of the Bipartisan Budget Act of
2018 (Public Law 115-123; 132 Stat. 187) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following new clause:
``(v) in the case of episodes and visits ending during
2023, by 1 percent; and''.
SEC. 4138. REMEDYING ELECTION REVOCATIONS RELATING TO
ADMINISTRATION OF COVID-19 VACCINES.
(a) In General.--Section 1821(b)(5)(A) of the Social
Security Act (42 U.S.C. 1395i-5(b)(5)(A)) is amended--
(1) in clause (i), by striking ``or'' or at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following new clause:
``(iii) effective beginning on the date of the enactment of
this clause, that is a COVID-19 vaccine and its
administration described in section 1861(s)(10)(A).''.
(b) Special Rules for COVID-19 Vaccines Relating to
Revocation of Election.--Notwithstanding paragraphs (3) and
(4) of section 1821(b) of the Social Security Act (42 U.S.C.
1395i-5(b)), in the case of an individual with a revocation
of an election under such section prior to the date of
enactment of this Act by reason of receiving a COVID-19
vaccine and its administration described in section
1861(s)(10)(A) of such Act (42 U.S.C. 1395x(s)(10)(A)), the
following rules shall apply:
(1) Beginning on such date of enactment, such individual
may make an election under such section, which shall take
effect immediately upon its execution, if such individual
would be eligible to make such an election if they had not
received such COVID-19 vaccine and its administration.
(2) Such revoked election shall not be taken into account
for purposes of determining the effective date for an
election described in subparagraph (A) or (B) of such
paragraph (4).
SEC. 4139. PAYMENT RATES FOR DURABLE MEDICAL EQUIPMENT UNDER
THE MEDICARE PROGRAM.
(a) Areas Other Than Rural and Noncontiguous Areas.--The
Secretary shall implement section 414.210(g)(9)(v) of title
42, Code of Federal Regulations (or any successor
regulation), to apply the transition rule described in the
first sentence of such section to all applicable items and
services furnished in areas other than rural or noncontiguous
areas (as such terms are defined for purposes of such
section) through the remainder of the duration of the
emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) or December
31, 2023, whichever is later.
(b) All Areas.--The Secretary shall not implement section
414.210(g)(9)(vi) of title 42, Code of Federal Regulations
(or any successor regulation) until the date immediately
following the last day of the emergency period described in
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)), or January 1, 2024, whichever is later.
(c) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement the provisions of this
section by program instruction or otherwise.
SEC. 4140. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVERS AND
FLEXIBILITIES.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) is amended by inserting after section 1866F the
following new section:
``SEC. 1866G. EXTENSION OF ACUTE HOSPITAL CARE AT HOME
INITIATIVE.
``(a) In General.--
``(1) Extension.--With respect to inpatient hospital
admissions occurring during the period beginning on the first
day after the end of the emergency period described in
section 1135(g)(1)(B) and ending on December, 31, 2024, the
Secretary of Health and Human Services shall grant waivers
and flexibilities (as described in paragraph (2)) to an
individual hospital that submits a request for such waivers
and flexibilities and meets specified criteria (as described
in paragraph (3)) in order to participate in the Acute
Hospital Care at Home initiative of the Secretary.
``(2) Acute hospital care at home waivers and
flexibilities.--For the purposes of paragraph (1), the
waivers and flexibilities described in this paragraph are the
following waivers and flexibilities that were made available
to individual hospitals under the Acute Hospital Care at Home
initiative of the Secretary during the emergency period
described in section 1135(g)(1)(B):
``(A) Subject to paragraph (3)(D), waiver of the
requirements to provide 24-hour nursing services on premises
and for the immediate availability of a registered nurse
under section 482.23(b) of title 42, Code of Federal
Regulations (or any successor regulation), and the waivers of
the physical environment and Life Safety Code requirements
under section 482.41 of title 42, Code of Federal Regulations
(or any successor regulation).
``(B) Flexibility to allow a hospital to furnish inpatient
services, including routine services, outside the hospital
under arrangements, as described in Medicare Program:
Hospital Outpatient Prospective Payment and Ambulatory
Surgical Center Payment Systems and Quality Reporting
Programs; Organ Acquisition; Rural Emergency Hospitals:
Payment Policies, Conditions of Participation, Provider
Enrollment, Physician Self-Referral; New Service Category for
Hospital Outpatient Department Prior Authorization Process;
Overall Hospital Quality Star Rating; COVID-19 (87 Fed. Reg.
71748 et seq.).
``(C) Waiver of the telehealth requirements under clause
(i) of section 1834(m)(4)(C), as amended by section 4113(a)
of the Health Extenders, Improving Access to Medicare,
Medicaid, and CHIP, and Strengthening Public
[[Page H10465]]
Health Act of 2022, such that the originating sites described
in clause (ii) of such section shall include the home or
temporary residence of the individual.
``(D) Other waivers and flexibilities that, as of the date
of enactment of this section, were in place for such
initiative during such emergency period.
``(3) Specified criteria.--For purposes of paragraph (1),
the specified criteria for granting such waivers and
flexibilities to individual hospitals are:
``(A) The hospital shall indicate to the Secretary the
criteria it would use to ensure that hospital services be
furnished only to an individual who requires an inpatient
level of care, and shall require that a physician document in
the medical record of each such individual that the
individual meets such criteria.
``(B) The hospital and any other entities providing
services under arrangements with the hospital shall ensure
that the standard of care to treat an individual at home is
the same as the standard of care to treat such individual as
an inpatient of the hospital.
``(C) The hospital shall ensure that an individual is only
eligible for services under paragraph (1) if the individual
is a hospital inpatient or is a patient of the hospital's
emergency department for whom the hospital determines that an
inpatient level of care is required (as described in
subparagraph (A)).
``(D) The hospital shall meet all patient safety standards
determined appropriate by the Secretary, in addition to those
that otherwise apply to the hospital, except those for which
the waivers and flexibilities under this subsection apply.
``(E) The hospital shall provide to the Secretary, at a
time, form and manner determined by the Secretary, any data
and information the Secretary determines necessary to do the
following:
``(i) Monitor the quality of care furnished, and to the
extent practicable, ensure the safety of individuals and
analyze costs of such care.
``(ii) Undertake the study described in subsection (b).
``(F) The hospital meets such other requirements and
conditions as the Secretary determines appropriate.
``(4) Termination.--The Secretary may terminate a hospital
from participation in such initiative (and the waivers and
flexibilities applicable to such hospital) if the Secretary
determines that the hospital no longer meets the criteria
described in paragraph (3).
``(b) Study and Report.--
``(1) In general.--The Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the criteria
established by hospitals under the Acute Hospital Care at
Home initiative of the Secretary to determine which
individuals may be furnished services under such initiative;
and
``(B) analyze and compare, to the extent practicable--
``(i) quality of care furnished to individuals with similar
conditions and characteristics in the inpatient setting and
through the Acute Hospital Care at Home initiative, including
health outcomes, hospital readmission rates, hospital
mortality rates, length of stay, infection rates, and patient
experience of care;
``(ii) clinical conditions treated and diagnosis-related
groups of discharges from the inpatient setting and under the
Acute Hospital Care at Home initiative;
``(iii) costs incurred by furnishing care in the inpatient
setting and through the Acute Hospital Care at Home
initiative;
``(iv) the quantity, mix and intensity of such services
(such as in-person visits and virtual contacts with patients)
furnished in the Acute Hospital Care at Home initiative and
furnished in the inpatient setting; and
``(v) socioeconomic information on beneficiaries treated
under the initiative, including racial and ethnic data,
income, and whether such beneficiaries are dually eligible
for benefits under this title and title XIX.
``(2) Report.--Not later than September 30, 2024, the
Secretary of Health and Human Services shall post on a
website of the Centers for Medicare & Medicaid Services a
report on the study conducted under paragraph (1).
``(3) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023, out
of any amounts in the Treasury not otherwise appropriated,
$5,000,000, to remain available until expended, for purposes
of carrying out this subsection.
``(c) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this section by program
instruction or otherwise.
``(d) Publicly Available Information.--The Secretary shall,
as feasible, make the information collected under subsections
(a)(3)(E) and (b)(1) available on the Medicare.gov internet
website (or a successor website).''.
SEC. 4141. EXTENSION OF PASS-THROUGH STATUS UNDER THE
MEDICARE PROGRAM FOR CERTAIN DEVICES IMPACTED
BY COVID-19.
(a) In General.--Section 1833(t)(6) of the Social Security
Act (42 U.S.C. 1395l(t)(6)) is amended--
(1) in subparagraph (B)(iii), in the matter preceding
subclause (I), by striking ``A category'' and inserting
``Subject to subparagraph (K), a category''; and
(2) by adding at the end the following new subparagraph:
``(K) Pass-through extension for certain devices.--
``(i) In general.--In the case of a device whose period of
pass-through status under this paragraph will end on December
31, 2022, such pass-through status shall be extended for a 1-
year period beginning on January 1, 2023.
``(ii) No adjustment for packaged costs.--For purposes of
the 1-year period described in clause (i), the Secretary
shall not remove the packaged costs of such device (as
determined by the Secretary) from the payment amount under
this subsection for a covered OPD service (or group of
services) with which it is packaged.
``(iii) No application of aggregate limit or budget
neutrality.--Notwithstanding any other provision of this
subsection, this subparagraph shall not be taken into
account--
``(I) in applying the limit on annual aggregate adjustments
under subparagraph (E) for 2023; or
``(II) in making any budget neutrality adjustments under
this subsection for 2023.''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Service may implement
the amendments made by subsection (a) by program instruction
or otherwise.
SEC. 4142. INCREASING TRANSPARENCY FOR HOME HEALTH PAYMENTS
UNDER THE MEDICARE PROGRAM.
(a) Transparency.--In notice and comment rulemaking used to
implement section 1895(b)(3)(D) of the Social Security Act
(42 U.S.C. 1395fff(b)(3)(D), the Secretary of Health and
Human Services (referred to in this section as the
``Secretary'') shall, on the date of the notice of proposed
rulemaking, make available through the internet website of
the Centers for Medicare & Medicaid Services the following:
(1) Electronic data files showing the Centers for Medicare
& Medicaid Services simulation of 60-day episodes under the
home health prospective payment system in effect prior to the
Patient Driven Groupings Model using data from 30-day periods
paid under such Model, if such data are used in determining
payment adjustments under clauses (ii) or (iii) of such
section 1895(b)(3)(D).
(2) To the extent practicable, a description of actual
behavior changes, as described in clause (i) of such section
1895(b)(3)(D), including behavior changes as a result of the
implementation of sections 1895(b)(2)(B) and 1895(b)(4)(B) of
the Social Security Act (42 U.S.C. 1395fff(b)(2)(B) and
1395(b)(4)(B)) that occurred in calendar years 2020 through
2026.
(b) Engagement With Stakeholders.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall use an open
door forum, a town hall meeting, a web-based forum, or other
appropriate mechanism to receive input from home health
stakeholders and interested parties on Medicare home health
payment rate development, including the items described in
paragraphs (1) and (2) of subsection (a) with respect to the
home health prospective payment system rate for calendar year
2023.
(2) Requirement.--At least 30 days before the forum,
meeting, or other mechanism referred to in paragraph (1), the
Secretary shall make available through the internet website
of the Centers for Medicare & Medicaid Services the items
described in paragraphs (1) and (2) of subsection (a) with
respect to the home health prospective payment system rate
for calendar year 2023 as finalized in the final rule
entitled ``Medicare Program; Calendar Year 2023 Home Health
Prospective Payment System Rate Update; Home Health Quality
Reporting Program Requirements; Home Health Value-Based
Purchasing Expanded Model Requirements; and Home Infusion
Therapy Services Requirements'' published in the Federal
Register on November 4, 2022 (87 Fed. Reg. 66790).
(c) Construction.--Nothing in this section shall be
construed to require any change in the methodology used by
the Secretary to implement such section 1895(b)(3)(D), to
restrict the Secretary's discretion in establishing the
methodology to implement such section, or to suggest that the
Secretary's promulgation of the methodology implementing such
Calendar Year 2023 home health final rule was inadequate
under Chapter 5 of title 5, United States Code (commonly
known as the ``Administrative Procedures Act'') or any other
provision of law.
SEC. 4143. WAIVER OF CAP ON ANNUAL PAYMENTS FOR NURSING AND
ALLIED HEALTH EDUCATION PAYMENTS.
(a) In General.--Section 1886(l)(2)(B) of the Social
Security Act (42 U.S.C. 1395ww(l)(2)(B)) is amended--
(1) by striking ``payments.--Such ratio'' and inserting
``payments.--
``(i) In general.--Subject to clause (ii), such ratio'';
and
(2) by adding at the end the following new clause:
``(ii) Exception to annual limitation for each of 2010
through 2019.--For each of 2010 through 2019, the limitation
under clause (i) on the total amount of additional payments
for nursing and allied health education to be distributed to
hospitals under this subsection for portions of cost
reporting periods occurring in the year shall not apply to
such payments made in such year to those hospitals that, as
of the date of the enactment of this clause, are operating a
school of nursing, a school of allied health, or a school of
nursing and allied health.''.
(b) No Affect on Payments for Direct Graduate Medical
Education.--Section 1886(h)(3)(D)(iii) of the Social Security
Act (42 U.S.C. 1395ww(h)(3)(D)(iii)) is amended by adding at
the end the following sentence: ``In applying the preceding
sentence for each of 2010 through 2019, the Secretary shall
not take into account any increase in the total amount of
such additional payment amounts for such nursing and allied
health education for portions of cost reporting periods
occurring in the year pursuant to the application of
paragraph (2)(B)(ii) of such subsection.''.
(c) Retroactive Application.--The amendments made by this
section shall apply to payments made for portions of cost
reporting periods occurring in 2010 through 2019.
[[Page H10466]]
(d) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2023, out
of any amounts in the Treasury not otherwise appropriated,
$3,000,000, to remain available until expended, for purposes
of carrying out the amendments made by this section.
Subtitle E--Health Care Tax Provisions
SEC. 4151. EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE
FOR TELEHEALTH.
(a) In General.--Section 223(c)(2)(E) of the Internal
Revenue Code of 1986 is amended by striking ``In the case of
plan years'' and all that follows through ``a plan'' and
inserting ``In the case of--
``(i) months beginning after March 31, 2022, and before
January 1, 2023, and
``(ii) plan years beginning on or before December 31, 2021,
or after December 31, 2022, and before January 1, 2025,
a plan''.
(b) Certain Coverage Disregarded.--Section 223(c)(1)(B)(ii)
of the Internal Revenue Code of 1986 is amended by striking
``(in the case of plan years beginning on or before December
31, 2021, or in the case of months beginning after March 31,
2022, and before January 1, 2023)'' and inserting ``(in the
case of months or plan years to which paragraph (2)(E)
applies)''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2022.
Subtitle F--Offsets
SEC. 4161. REDUCTION OF MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,278,000,000'' and
inserting ``$180,000,000''.
SEC. 4162. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE
CAP AMOUNT UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2031'' and inserting
``2032''; and
(2) in clause (iii), by striking ``2031'' and inserting
``2032''.
SEC. 4163. MEDICARE DIRECT SPENDING REDUCTIONS.
Section 251A(6) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i)--
(A) by striking ``On the dates OMB issues its sequestration
preview reports'' and inserting ``On the date on which the
President submits the budget under section 1105 of title 31,
United States Code,''; and
(B) by striking ``pursuant to section 254(c),'';
(2) in subparagraph (C), by moving the margin 2 ems to the
left;
(3) by striking subparagraphs (D) and (E); and
(4) by adding at the end the following:
``(D) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for
fiscal year 2032, the President shall order a sequestration
of payments for the Medicare programs specified in section
256(d), effective upon issuance, such that, notwithstanding
the 2 percent limit specified in subparagraph (A) for such
payments--
``(i) with respect to the first 6 months in which such
order is effective for such fiscal year, the payment
reduction shall be 2.0 percent; and
``(ii) with respect to the second 6 months in which such
order is effective for such fiscal year, the payment
reduction shall be 0 percent.''.
TITLE V--MEDICAID AND CHIP PROVISIONS
Subtitle A--Territories
SEC. 5101. MEDICAID ADJUSTMENTS FOR THE TERRITORIES.
(a) Revising Allotments for Puerto Rico.--Section 1108(g)
of the Social Security Act (42 U.S.C. 1308(g)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking ``clause (ii)'' and inserting ``clause (ii)
or (iii)''; and
(II) by striking ``and'' at the end;
(ii) in clause (ii), by striking the semicolon and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(iii) for fiscal year 2023 and each subsequent fiscal
year, the amount specified in paragraph (11) for such fiscal
year;''; and
(B) in the matter following subparagraph (E), by striking
``each fiscal year after fiscal year 2021'' and inserting
``fiscal year 2022 (and, in the case of a territory other
than Puerto Rico, for each subsequent fiscal year)''; and
(2) by adding at the end the following new paragraphs:
``(11) Allotment amounts for puerto rico for fiscal year
2023 and subsequent fiscal years.--For purposes of paragraph
(2)(A)(iii), subject to paragraphs (12) and (13), the amounts
specified in this paragraph are the following:
``(A) For fiscal year 2023, $3,275,000,000.
``(B) For fiscal year 2024, $3,325,000,000.
``(C) For fiscal year 2025, $3,475,000,000.
``(D) For fiscal year 2026, $3,645,000,000.
``(E) For fiscal year 2027, $3,825,000,000.
``(F) For fiscal year 2028, the sum of the amount that
would have been provided under this subsection for Puerto
Rico for such fiscal year in accordance with clause (i) of
paragraph (2)(A) (without regard to clause (iii) of such
paragraph) had the amount provided under this subsection for
Puerto Rico for each of fiscal years 2020 through 2027 been
equal to the following:
``(i) For fiscal year 2020, the sum of the amount provided
under this subsection for Puerto Rico for fiscal year 2019,
increased by the percentage increase in the medical care
component of the Consumer Price Index for all urban consumers
(as published by the Bureau of Labor Statistics) for the 12-
month period ending in March preceding the beginning of the
fiscal year, rounded to the nearest $100,000.
``(ii) For each of fiscal years 2021 through 2027, the sum
of the amount provided under this subparagraph for the
preceding fiscal year, increased in accordance with the
percentage increase described in clause (i), rounded to the
nearest $100,000.
``(G) For fiscal year 2029 and each subsequent fiscal year,
the sum of the amount specified in this paragraph for the
preceding fiscal year, increased by the percentage increase
in the medical care component of the Consumer Price Index for
all urban consumers (as published by the Bureau of Labor
Statistics) for the 12-month period ending in March preceding
the beginning of the fiscal year, rounded to the nearest
$100,000.
In determining the amount specified under subparagraph (F)
for fiscal year 2028 or under subparagraph (G) for fiscal
year 2029 or a subsequent fiscal year, the Secretary may in
no way take into account the amount that was provided under
this subsection for Puerto Rico for fiscal year 2022 that was
based on the Centers for Medicare & Medicaid Services'
interpretation of the flush language following paragraph
(2)(E) (as described in the letters sent by the Centers for
Medicare & Medicaid Services to the Director of the Medicaid
Program for Puerto Rico dated September 24, 2021, and
November 18, 2021, respectively).
``(12) Additional increase for puerto rico.--
``(A) In general.--For fiscal year 2023 and each subsequent
fiscal year through fiscal year 2027, the amount specified in
paragraph (11) for the fiscal year shall be equal to the
amount specified for such fiscal year under such paragraph
increased by $300,000,000 if the Secretary certifies that,
with respect to such fiscal year, Puerto Rico's State plan
under title XIX (or waiver of such plan) establishes a
reimbursement floor, implemented through a directed payment
arrangement plan, for physician services that are covered
under the Medicare part B fee schedule in the Puerto Rico
locality established under section 1848(b) that is not less
than 75 percent of the payment that would apply to such
services if they were furnished under part B of title XVIII
during such fiscal year.
``(B) Application to managed care.--In certifying whether
Puerto Rico has established a reimbursement floor under a
directed payment arrangement plan that satisfies the
requirements of subparagraph (A)--
``(i) for fiscal year 2023, the Secretary shall apply such
requirements to payments for physician services under a
managed care contract entered into or renewed after the date
of enactment of this paragraph and disregard payments for
physician services under any managed care contract that was
entered into prior to such date; and
``(ii) for each subsequent fiscal year through fiscal year
2027--
``(I) the Secretary shall disregard payments made under
subcapitated arrangements for services such as primary care
case management; and
``(II) if the reimbursement floor for physician services
applicable under a managed care contract satisfies the
requirements of subparagraph (A) for the fiscal year in which
the contract is entered into or renewed, such reimbursement
floor shall be deemed to satisfy such requirements for the
subsequent fiscal year.
``(C) Nonapplication of increase in determining allotments
for subsequent fiscal years.--An increase under this
paragraph for a fiscal year may not be taken into account in
calculating the amount specified under paragraph (11) for the
succeeding fiscal year.
``(13) Further increase for puerto rico.--
``(A) In general.--For each of fiscal years 2023 through
2027, the amount specified in paragraph (11) for the fiscal
year shall be equal to the amount specified for such fiscal
year under such paragraph (increased, if applicable, in
accordance with paragraph (12)) and further increased--
``(i) in the case of each of fiscal years 2023 through
2025, by $75,000,000 if the Secretary determines that Puerto
Rico fully satisfies the requirements described in paragraph
(7)(A)(i) for such fiscal year; and
``(ii) in the case of each of fiscal years 2026 and 2027,
by $75,000,000 if the Secretary determines that Puerto Rico
fully satisfies the requirements described in--
``(I) paragraph (7)(A)(i) for such fiscal year; and
``(II) paragraph (7)(A)(v) for such fiscal year.
``(B) Nonapplication of increase in determining allotments
for subsequent fiscal years.--An increase under this
paragraph for a fiscal year may not be taken into account in
calculating the amount specified under paragraph (11) for the
succeeding fiscal year.''.
(b) Extension of Increased FMAPs.--Section 1905(ff) of the
Social Security Act (42 U.S.C. 1396d(ff)) is amended--
(1) in the header, by striking ``Temporary'';
(2) in paragraph (2)--
(A) by striking ``subject to section 1108(g)(7)(C),''; and
(B) by striking ``December 23, 2022'' and inserting
``September 30, 2027,''; and
(3) in paragraph (3), by striking ``for the period
beginning December 21, 2019, and ending December 23, 2022''
and inserting ``beginning December 21, 2019''.
(c) Application of Asset Verification Program Requirements
to Puerto Rico.--Section
[[Page H10467]]
1940 of the Social Security Act (42 U.S.C. 1396w) is
amended--
(1) in subsection (a)--
(A) in paragraph (3)(A), by adding at the end the following
new clause:
``(iii) Implementation in puerto rico.--The Secretary shall
require Puerto Rico to implement an asset verification
program under this subsection by January 1, 2026.''; and
(B) in paragraph (4)--
(i) in the paragraph heading, by striking ``Exemption of
territories'' and inserting ``Exemption of certain
territories''; and
(ii) by striking ``and the District of Columbia'' and
inserting ``, the District of Columbia, and Puerto Rico'';
and
(2) in subsection (k)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margins accordingly;
(ii) in the matter preceding clause (i), as so
redesignated--
(I) by striking ``beginning on or after January 1, 2021'';
and
(II) by striking ``for a non-compliant State shall be
reduced--'' and inserting the following: ``for--
``(A) a non-compliant State that is one of the 50 States or
the District of Columbia shall be reduced--'';
(iii) in clause (iv), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following new subparagraph:
``(B) a non-compliant State that is Puerto Rico shall be
reduced--
``(i) for calendar quarters in fiscal year 2026 beginning
on or after January 1, 2026, by 0.12 percentage points;
``(ii) for calendar quarters in fiscal year 2027, by 0.25
percentage points;
``(iii) for calendar quarters in fiscal year 2028, by 0.35
percentage points; and
``(iv) for calendar quarters in fiscal year 2029 and each
fiscal year thereafter, by 0.5 percentage points.''; and
(B) in paragraph (2)(A), by striking ``or the District of
Columbia'' and inserting ``, the District of Columbia, or
Puerto Rico''.
(d) Extension of Reporting Requirement.--Section 1108(g)(9)
of the Social Security Act (42 U.S.C. 1308(g)(9)) is
amended--
(1) in subparagraph (A), by inserting ``and for fiscal year
2023 and each subsequent fiscal year (or, in the case of
Puerto Rico, and for fiscal year 2023 and each subsequent
fiscal year before fiscal year 2028)'' after ``fiscal year
2021)''; and
(2) in subparagraph (B)(i), by inserting ``or by reason of
the amendments made by section 5101 of the Health Extenders,
Improving Access to Medicare, Medicaid, and CHIP, and
Strengthening Public Health Act of 2022'' before the period
at the end.
(e) Puerto Rico Program Integrity.--Section 1108(g)(7)(A)
of the Social Security Act (42 U.S.C. 1308(g)(7)(A)) is
amended--
(1) in clause (iii), in the header, by inserting
``reporting'' after ``reform''; and
(2) by adding at the end the following new clause:
``(v) Contracting and procurement oversight lead
requirement.--
``(I) In general.--Not later than 6 months after the date
of the enactment of this clause, the agency responsible for
the administration of Puerto Rico's Medicaid program under
title XIX shall designate an officer (other than the director
of such agency) to serve as the Contracting and Procurement
Oversight Lead to carry out the duties specified in subclause
(II).
``(II) Duties.--Not later than 60 days after the end of
each fiscal quarter (beginning with the first fiscal quarter
beginning on or after the date that is 1 year after the date
of the enactment of this clause), the officer designated
pursuant to subclause (I) shall, with respect to each
contract described in clause (iii) with an annual value
exceeding $150,000 entered into during such quarter, certify
to the Secretary either--
``(aa) that such contract has met the procurement standards
identified under any of sections 75.327, 75.328, and 75.329
of title 45, Code of Federal Regulations (or successor
regulations); or
``(bb) that extenuating circumstances (including a lack of
multiple entities competing for such contract) prevented the
compliance of such contract with such standards.
``(III) Publication.--The officer designated pursuant to
subclause (I) shall make public each certification containing
extenuating circumstances described in subclause (II)(bb) not
later than 30 days after such certification is made,
including a description of, and justification of, such
extenuating circumstances.
``(IV) Review of compliance.--Not later than 2 years after
the date of the enactment of this clause, the Inspector
General of the Department of Health and Human Services shall
submit to Congress a report on the compliance of Puerto Rico
with the provisions of this clause.''.
(f) Medicaid Data Systems Improvement Payments.--Section
1108 of the Social Security Act (42 U.S.C. 1308) is amended
by adding at the end the following new subsection:
``(i) Data Systems Improvement Payments.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall pay to each eligible territory an amount
equal to 100 percent of the qualifying data system
improvement expenditures incurred by such territory on or
after October 1, 2023.
``(2) Treatment as medicaid payments.--
``(A) In general.--Payments to eligible territories made
under this paragraph shall be considered to have been made
under, and are subject to the requirements of, section 1903.
``(B) Nonduplication.--No payment shall be made under title
XIX (other than as provided under paragraph (1)), title XXI,
or any other provision of law with respect to an expenditure
for which payment is made under such paragraph.
``(3) Allotments.--The Secretary shall specify an allotment
for each eligible territory for payments made under paragraph
(1) in a manner such that--
``(A) the total amount of payments made under such
paragraph for all eligible territories does not exceed
$20,000,000; and
``(B) each eligible territory receives an equitable
allotment of such payments.
``(4) No effect on territorial caps.--A payment to an
eligible territory under this subsection shall not be taken
into account for purposes of applying the payment limits
under subsections (f) and (g).
``(5) Definitions.--In this subsection:
``(A) Eligible territory.--The term `eligible territory'
means American Samoa, Guam, the Northern Mariana Islands, and
the Virgin Islands.
``(B) Qualifying data system improvement expenditure.--The
term `qualifying data system improvement expenditure' means
an expenditure by an eligible territory to improve, update,
or enhance a data system that is used by the territory to
carry out an administrative activity for which Federal
financial participation is available under section
1903(a).''.
(g) Strategic Plan and Evaluation.--
(1) In general.--Each territory described in paragraph (2)
shall--
(A) not later than September 30, 2023, submit to the
Secretary of Health and Human Services a 4-year strategic
plan that outlines the territory's goals relating to
workforce development, financing, systems implementation and
operation, and program integrity with respect to the
territory's Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.); and
(B) not later than September 30, 2027, submit to the
Secretary of Health and Human Services an analysis of the
extent to which the territory has achieved, or is making
progress toward achieving, the goals described in such
strategic plan, and any policy changes relating to such goals
that were adopted by the territory after the submission of
the plan.
(2) Territories described.--The territories described in
this paragraph are American Samoa, Guam, the Northern Mariana
Islands, and the Virgin Islands.
Subtitle B--Medicaid and CHIP Coverage
SEC. 5111. FUNDING EXTENSION OF THE CHILDREN'S HEALTH
INSURANCE PROGRAM AND RELATED PROVISIONS.
(a) In General.--Section 2104(a) of the Social Security Act
(42 U.S.C. 1397dd(a)) is amended--
(1) in paragraph (27), by striking ``through 2026'' and
inserting ``through 2028''; and
(2) in paragraph (28)--
(A) in the matter preceding subparagraph (A), by striking
``for fiscal year 2027'' and inserting ``for fiscal year
2029'';
(B) in subparagraph (A), by striking ``beginning on October
1, 2026, and ending on March 31, 2027'' and inserting
``beginning on October 1, 2028, and ending on March 31,
2029''; and
(C) in subparagraph (B), by striking ``beginning on April
1, 2027, and ending on September 30, 2027'' and inserting
``beginning on April 1, 2029, and ending on September 30,
2029''.
(b) CHIP Allotments.--
(1) In general.--Section 2104(m) of the Social Security Act
(42 U.S.C. 1397dd(m)) is amended--
(A) in paragraph (2)(B)(i), by striking ``, 2023, and
2027'' and inserting ``2023, and 2029'';
(B) in paragraph (5), by striking ``or 2027'' and inserting
``or 2029'';
(C) in paragraph (7)--
(i) in subparagraph (A), by striking ``fiscal year 2027,''
and inserting ``fiscal year 2029''; and
(ii) in the flush left matter at the end, by striking ``or
fiscal year 2026.'' and inserting ``fiscal year 2026, or
fiscal year 2028.'';
(D) in paragraph (9), by striking ``or 2027'' and inserting
``or 2029''; and
(E) in paragraph (11)--
(i) in the paragraph header, by striking ``fiscal year
2027'' and inserting ``fiscal year 2029''; and
(ii) in subparagraph (C)--
(I) by striking ``fiscal year 2026'' each place it appears
and inserting ``fiscal year 2028''; and
(II) by striking ``fiscal year 2027'' and inserting
``fiscal year 2029''.
(2) Conforming amendments.--Section 50101(b)(2) of the
Bipartisan Budget Act of 2018 (Public Law 115-123) is
amended--
(A) in the paragraph header, by striking ``fiscal year
2027'' and inserting ``fiscal year 2029'';
(B) by striking ``fiscal year 2027'' each place it appears
and inserting ``fiscal year 2029''; and
(C) by striking ``beginning on October 1, 2026, and ending
on March 31, 2027'' and inserting ``beginning on October 1,
2028, and ending on March 31, 2029''.
(c) Other Related CHIP Policies.--
(1) Pediatric quality measures program.--Section
1139A(i)(1) of the Social Security Act (42 U.S.C. 1320b-
9a(i)(1)) is amended--
(A) in subparagraph (C), by striking at the end ``and'';
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) for each of fiscal years 2028 and 2029, $15,000,000
for the purpose of carrying out this section (other than
subsections (e), (f), and (g)).''.
(2) Assurance of eligibility standards for children.--
Section 2105(d)(3) of the Social Security Act (42 U.S.C.
1397ee(d)(3)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027'' and inserting ``through september 30,
2029''; and
[[Page H10468]]
(B) in subparagraph (A) by striking ``September 30, 2027''
each place it appears and inserting ``September 30, 2029''.
(3) Qualifying states option.--Section 2105(g)(4) of the
Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
(A) in the paragraph heading, by striking ``through 2027''
and inserting ``through 2029''; and
(B) in subparagraph (A), by striking ``through 2027'' and
inserting ``through 2029''.
(4) Outreach and enrollment program.--Section 2113 of the
Social Security Act (42 U.S.C. 1397mm) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``through 2027'' and
inserting ``through 2029''; and
(ii) in paragraph (3), by striking ``through 2027'' and
inserting ``through 2029''; and
(B) in subsection (g)--
(i) by striking ``2017,,'' and inserting ``2017,'';
(ii) by striking ``and $48,000,000'' and inserting
``$48,000,000''; and
(iii) by inserting after ``through 2027'' the following:
``, and $40,000,000 for the period of fiscal years 2028 and
2029''.
(5) Child enrollment contingency fund.--Section 2104(n) of
the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
(A) by striking ``2024 through 2026'' each place it appears
and inserting ``2024 through 2028''; and
(B) by striking ``2023, and 2027'' each place it appears
and inserting ``2023, and 2029''.
(d) Extension of Certain Provisions.--
(1) Express lane eligibility option.--Section
1902(e)(13)(I) of the Social Security Act (42 U.S.C.
1396a(e)(13)(I)) is amended by striking ``2027'' and
inserting ``2029''.
(2) Conforming amendments for assurance of affordability
standard for children and families.--Section 1902(gg)(2) of
the Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2027'' and inserting ``through september 30,
2029''; and
(B) by striking ``2027'' each place it appears and
inserting ``2029,''.
SEC. 5112. CONTINUOUS ELIGIBILITY FOR CHILDREN UNDER MEDICAID
AND CHIP.
(a) Under the Medicaid Program.--Section 1902(e) of the
Social Security Act (42 U.S.C. 1396a(e)) is amended by
striking paragraph (12) and inserting the following new
paragraph:
``(12) 1 year of continuous eligibility for children.--The
State plan (or waiver of such State plan) shall provide that
an individual who is under the age of 19 and who is
determined to be eligible for benefits under a State plan (or
waiver of such plan) approved under this title under
subsection (a)(10)(A) shall remain eligible for such benefits
until the earlier of--
``(A) the end of the 12-month period beginning on the date
of such determination;
``(B) the time that such individual attains the age of 19;
or
``(C) the date that such individual ceases to be a resident
of such State.''.
(b) Under the Children's Health Insurance Program.--Section
2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (K) through (T) as
subparagraphs (L) through (U), respectively; and
(2) by inserting after subparagraph (J) the following new
subparagraph:
``(K) Section 1902(e)(12) (relating to 1 year of continuous
eligibility for children), except that a targeted low-income
child enrolled under the State child health plan or waiver
may be transferred to the Medicaid program under title XIX
for the remaining duration of the 12-month continuous
eligibility period, if the child becomes eligible for full
benefits under title XIX during such period.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first fiscal
quarter that begins on or after the date that is 1 year after
the date of enactment of this Act.
SEC. 5113. MODIFICATIONS TO POSTPARTUM COVERAGE UNDER
MEDICAID AND CHIP.
Effective as if included in the enactment of sections 9812
and 9822 of the American Rescue Plan Act of 2021 (Public Law
117-2), subsection (b) of each such section is amended by
striking ``during the 5-year period''.
SEC. 5114. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
(a) In General.--Subsection (h) of section 6071 of the
Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is
amended--
(1) in paragraph (1)--
(A) in each of subparagraphs (F), (H), and (J), by striking
``and'' after the semicolon;
(B) in subparagraph (K), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(L) $450,000,000 for each of fiscal years 2024 through
2027.'';
(2) in paragraph (2), by striking ``September 30, 2023''
and inserting ``September 30 of the subsequent fiscal year'';
and
(3) by adding at the end the following new paragraph:
``(3) Technical assistance.--In addition to amounts
otherwise available, there is appropriated to the Secretary,
out of any money in the Treasury not otherwise appropriated
for fiscal 2023 and for each subsequent 3-year period through
fiscal year 2029, $5,000,000, to remain available until
expended, for carrying out subsections (f) and (g).''.
(b) Redistribution of Unexpended Grant Awards.--Subsection
(e)(2) of section 6071 of the Deficit Reduction Act of 2005
(42 U.S.C. 1396a note) is amended by adding at the end the
following new sentence: ``Any portion of a State grant award
for a fiscal year under this section that is unexpended by
the State at the end of the fourth succeeding fiscal year
shall be rescinded by the Secretary and added to the
appropriation for the fifth succeeding fiscal year.''.
SEC. 5115. EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL
IMPOVERISHMENT FOR RECIPIENTS OF HOME AND
COMMUNITY-BASED SERVICES.
Section 2404 of the Patient Protection and Affordable Care
Act (42 U.S.C. 1396r-5 note) is amended by striking
``September 30, 2023'' and inserting ``September 30, 2027''.
Subtitle C--Medicaid and CHIP Mental Health
SEC. 5121. MEDICAID AND CHIP REQUIREMENTS FOR HEALTH
SCREENINGS, REFERRALS, AND CASE MANAGEMENT
SERVICES FOR ELIGIBLE JUVENILES IN PUBLIC
INSTITUTIONS.
(a) Medicaid State Plan Requirement.--Section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)(84)--
(A) in subparagraph (A), by inserting ``, subject to
subparagraph (D),'' after ``but'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by adding ``and'' at the end; and
(D) by adding at the end the following new subparagraph:
``(D) in the case of an individual who is an eligible
juvenile described in subsection (nn)(2) and is within 30
days of the date on which such eligible juvenile is scheduled
to be released from a public institution following
adjudication, the State shall have in place a plan, and in
accordance with such plan, provide for--
``(i) in the 30 days prior to the release of such eligible
juvenile from such public institution (or not later than one
week, or as soon as practicable, after release from the
public institution), and in coordination with such
institution, any screening or diagnostic service which meets
reasonable standards of medical and dental practice, as
determined by the State, or as indicated as medically
necessary, in accordance with paragraphs (1)(A) and (5) of
section 1905(r), including a behavioral health screening or
diagnostic service; and
``(ii) in the 30 days prior to the release of such eligible
juvenile from such public institution, and for at least 30
days following the release of such eligible juvenile from
such institution, targeted case management services,
including referrals for such eligible juvenile to the
appropriate care and services available in the geographic
region of the home or residence of such eligible juvenile
(where feasible) under the State plan (or waiver of such
plan);''; and
(2) in subsection (nn)(3), by striking ``(30)'' and
inserting ``(31)''.
(b) Authorization of Federal Financial Participation.--The
subdivision (A) of section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) following paragraph (31) of such section
is amended by inserting ``, or in the case of an eligible
juvenile described in section 1902(a)(84)(D) with respect to
the screenings, diagnostic services, referrals, and targeted
case management services required under such section'' after
``(except as a patient in a medical institution''.
(c) CHIP Conforming Amendments.--
(1) Section 2102 of the Social Security Act (42 U.S.C.
1397bb) is amended by adding at the end the following new
subsection:
``(d) Treatment of Children Who Are Inmates of a Public
Institution.--
``(1) In general.--The State child health plan shall
provide that--
``(A) the State shall not terminate eligibility for child
health assistance under the State child health plan for a
targeted low-income child because the child is an inmate of a
public institution, but may suspend coverage during the
period the child is such an inmate;
``(B) in the case of a targeted low-income child who was
determined eligible for child health assistance under the
State child health plan (or waiver of such plan) immediately
before becoming an inmate of a public institution, the State
shall, prior to the child's release from such public
institution, conduct a redetermination of eligibility for
such child with respect to such child health assistance
(without requiring a new application from the child) and, if
the State determines pursuant to such redetermination that
the child continues to meet the eligibility requirements for
such child health assistance, the State shall restore
coverage for such child health assistance to such child upon
the child's release from such public institution; and
``(C) in the case of a targeted low-income child who is
determined eligible for child health assistance while an
inmate of a public institution (subject to the exception to
the exclusion of children who are inmates of a public
institution described in section 2110(b)(7)), the State shall
process any application for child health assistance submitted
by, or on behalf of, the child such that the State makes a
determination of eligibility for the child with respect to
child health assistance upon release of the child from the
public institution.
``(2) Required coverage of screenings, diagnostic services,
referrals, and case management for certain inmates pre-
release.--A State child health plan shall provide that, in
the case of a targeted low-income child who is within 30 days
of the date on which such child is scheduled to be released
from a public institution following adjudication, the State
shall have in place a plan for providing, and shall provide
in accordance with such plan, screenings, diagnostic
services, referrals, and case management services otherwise
covered under the State child health plan (or waiver of such
plan) in the same manner as described in section
1902(a)(84)(D).''.
(2) Section 2110(b) of the Social Security Act (42 U.S.C.
1397jj(b)) is amended--
(A) in paragraph (2)(A), by inserting ``except as provided
in paragraph (7),'' before ``a child who is an inmate of a
public institution''; and
[[Page H10469]]
(B) by adding at the end the following new paragraph:
``(7) Exception to exclusion of children who are inmates of
a public institution.--In the case of a child who is an
inmate of a public institution, during the 30 days prior to
the release of the child from such institution the child
shall not be considered to be described in paragraph (2)(A)
with respect to the screenings, diagnostic services,
referrals, and case management services otherwise covered
under the State child health plan (or waiver of such plan)
that the State is required to provide under section
2102(d)(2).''.
(d) Effective Date.--The amendments made by this section
shall apply beginning on the first day of the first calendar
quarter that begins on or after the date that is 24 months
after the date of enactment of this Act.
SEC. 5122. REMOVAL OF LIMITATIONS ON FEDERAL FINANCIAL
PARTICIPATION FOR INMATES WHO ARE ELIGIBLE
JUVENILES PENDING DISPOSITION OF CHARGES.
(a) Medicaid.--
(1) In general.--The subdivision (A) of section 1905(a) of
the Social Security Act (42 U.S.C. 1396d(a)) following
paragraph (31) of such section, as amended by section
5121(b), is further amended by inserting ``, or, at the
option of the State, for an individual who is an eligible
juvenile (as defined in section 1902(nn)(2)), while such
individual is an inmate of a public institution (as defined
in section 1902(nn)(3)) pending disposition of charges''
after ``or in the case of an eligible juvenile described in
section 1902(a)(84)(D) with respect to the screenings,
diagnostic services, referrals, and case management required
under such section''.
(2) Conforming amendment.--Section 1902(a)(84)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(84)(A)) is amended by
inserting ``(or in the case of a State electing the option
described in the subdivision (A) following paragraph (31) of
section 1905(a), during such period beginning after the
disposition of charges with respect to such individual)''
after ``is such an inmate''.
(b) CHIP.--Section 2110(b)(7) of the Social Security Act
(42 U.S.C. 13977jj(b)(7)), as added by section 5121(c)(2)(B),
is amended--
(1) in the heading, by striking ``Exception'' and inserting
``Exceptions''; and
(2) by adding at the end the following new sentence: ``At
the option of the State, a child who is an inmate of a public
institution shall not be considered to be described in
paragraph (2)(A) during the period that the child is an
inmate of such institution pending disposition of charges.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first calendar
quarter that begins after the date that is 24 months after
the date of enactment of this Act and shall apply to items
and services furnished for periods beginning on or after such
date.
SEC. 5123. REQUIRING ACCURATE, UPDATED, AND SEARCHABLE
PROVIDER DIRECTORIES.
(a) Application to Managed Care.--Section 1932(a)(5) of the
Social Security Act (42 U.S.C. 1396u-2(a)(5)) is amended--
(1) in subparagraph (B)(i), by inserting ``, including as
required by subparagraph (E)'' before the period at the end;
and
(2) by adding at the end the following new subparagraph:
``(E) Provider directories.--
``(i) In general.--Each managed care organization, prepaid
inpatient health plan (as defined by the Secretary), prepaid
ambulatory health plan (as defined by the Secretary), and,
when appropriate, primary care case management entity (as
defined by the Secretary) with a contract with a State to
enroll individuals who are eligible for medical assistance
under the State plan under this title or under a waiver of
such plan, shall publish (and update on at least a quarterly
basis or more frequently as required by the Secretary) on a
public website, a searchable directory of network providers,
which shall include physicians, hospitals, pharmacies,
providers of mental health services, providers of substance
use disorder services, providers of long term services and
supports as appropriate, and such other providers as required
by the Secretary, and that includes with respect to each such
provider--
``(I) the name of the provider;
``(II) the specialty of the provider;
``(III) the address at which the provider provides
services;
``(IV) the telephone number of the provider; and
``(V) information regarding--
``(aa) the provider's cultural and linguistic capabilities,
including languages (including American Sign Language)
offered by the provider or by a skilled medical interpreter
who provides interpretation services at the provider's
office;
``(bb) whether the provider is accepting as new patients,
individuals who receive medical assistance under this title;
``(cc) whether the provider's office or facility has
accommodations for individuals with physical disabilities,
including offices, exam rooms, and equipment;
``(dd) the Internet website of such provider, if
applicable; and
``(ee) whether the provider offers covered services via
telehealth; and
``(VI) other relevant information, as required by the
Secretary.
``(ii) Network provider defined.--In this subparagraph, the
term `network provider' includes any provider, group of
providers, or entity that has a network provider agreement
with a managed care organization, a prepaid inpatient health
plan (as defined by the Secretary), a prepaid ambulatory
health plan (as defined by the Secretary), or a primary care
case management entity (as defined by the Secretary) or a
subcontractor of any such entity or plan, and receives
payment under this title directly or indirectly to order,
refer, or render covered services as a result of the State's
contract with the entity or plan. For purposes of this
subparagraph, a network provider shall not be considered to
be a subcontractor by virtue of the network provider
agreement.''.
(b) Conforming Amendments to State Plan Requirements.--
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a)
is amended--
(1) by striking paragraph (83) and inserting the following:
``(83) provide that in the case of a State plan (or waiver
of the plan) that provides medical assistance on a fee-for-
service basis or through a primary care case-management
system described in section 1915(b)(1), the State shall
publish (and update on at least a quarterly basis or more
frequently as required by the Secretary) on the public
website of the State agency administering the State plan, a
searchable directory of the providers described in subsection
(mm) that, in addition to such other requirements as the
Secretary may specify, such as making paper directories
available to enrollees, includes with respect to each such
provider--
``(A) the name of the provider;
``(B) the specialty of the provider;
``(C) the address at which the provider provides services;
``(D) the telephone number of the provider;
``(E) information regarding--
``(i) the provider's cultural and linguistic capabilities,
including languages (including American Sign Language)
offered by the provider or by a skilled medical interpreter
who provides interpretation services at the provider's
office;
``(ii) whether the provider is accepting as new patients
individuals who receive medical assistance under this title;
``(iii) whether the provider's office or facility has
accommodations for individuals with physical disabilities,
including offices, exam rooms, and equipment;
``(iv) the Internet website of such provider, if
applicable; and
``(v) whether the provider offers covered services via
telehealth; and
``(F) other relevant information as required by the
Secretary;''; and
(2) by striking subsection (mm) and inserting the
following:
``(mm) Directory Provider Described.--
``(1) In general.--A provider described in this subsection,
at a minimum, includes physicians, hospitals, pharmacies,
providers of mental health services, providers of substance
use disorder services, providers of long term services and
supports as appropriate, and such other providers as required
by the Secretary, and--
``(A) in the case of a provider or a provider type for
which the State agency, as a condition of receiving payment
for items and services furnished by the provider to
individuals eligible to receive medical assistance under the
State plan (or a waiver of the plan), requires the enrollment
of the provider with the State agency, includes a provider
that--
``(i) is enrolled with the agency as of the date on which
the directory is published or updated (as applicable) under
subsection (a)(83); and
``(ii) received payment under the State plan in the 12-
month period preceding such date; and
``(B) in the case of a provider or a provider type for
which the State agency does not require such enrollment,
includes a provider that received payment under the State
plan (or a waiver of the plan) in the 12-month period
preceding the date on which the directory is published or
updated (as applicable) under subsection (a)(83).
``(2) State option to include other participating
providers.--At State option, a provider described in this
subsection may include any provider who furnishes services
and is participating under the State plan under this title or
under a waiver of such plan.''.
(c) General Application to CHIP.--Section 2107(e)(1)(G) of
the Social Security Act (42 U.S.C. 1397gg(e)(1)(G)) is
amended by inserting ``and subsection (a)(83) of section 1902
(relating to searchable directories of the providers
described in subsection (mm) of such section)'' before the
period.
(d) Effective Date.--The amendments made by this section
shall take effect on July 1, 2025.
SEC. 5124. SUPPORTING ACCESS TO A CONTINUUM OF CRISIS
RESPONSE SERVICES UNDER MEDICAID AND CHIP.
(a) Guidance.--Not later than July 1, 2025, the Secretary,
in coordination with the Administrator of the Centers for
Medicare & Medicaid Services and the Assistant Secretary for
Mental Health and Substance Use, shall issue guidance to
States regarding Medicaid and CHIP that includes the
following:
(1) Provides, in consultation with health care providers
and stakeholders with expertise in mental health and
substance use disorder crisis response services,
recommendations for an effective continuum of crisis response
services that--
(A) includes crisis call centers, including 988 crisis
services hotlines, mobile crisis teams, crisis response
services delivered in home, community, residential facility,
and hospital settings, and coordination with follow-on mental
health and substance use disorder services, such as intensive
outpatient and partial hospitalization programs, as well as
connections to social services and supports;
(B) promotes access to appropriate and timely mental health
and substance use disorder crisis response services in the
least restrictive setting appropriate to an individual's
needs; and
(C) promotes culturally competent, trauma-informed care,
and crisis de-escalation.
(2) Outlines the Federal authorities through which States
may finance and enhance under Medicaid and CHIP the
availability of crisis response services across each stage of
the continuum of crisis response services.
[[Page H10470]]
(3) Addresses how States under Medicaid and CHIP may
support the ongoing implementation of crisis call centers,
including 988 crisis services hotlines, and how Medicaid
administrative funding, including enhanced matching, and the
Medicaid Information Technology Architecture 3.0 framework,
may be used to establish or enhance regional or statewide
crisis call centers, including 988 crisis services hotlines,
that coordinate in real time.
(4) Identifies how States under Medicaid and CHIP may
support access to crisis response services that are
responsive to the needs of children, youth, and families,
including through CHIP health services initiatives,
behavioral disorder-specific crisis response, trained peer
support services, and establishing or enhancing crisis call
centers that are youth-focused.
(5) Identifies policies and practices to meet the need for
crisis response services with respect to differing patient
populations, including urban, rural, and frontier
communities, differing age groups, cultural and linguistic
minorities, individuals with co-occurring mental health and
substance use disorder conditions, and individuals with
disabilities.
(6) Identifies policies and practices to promote evidence-
based suicide risk screenings and assessments.
(7) Identifies strategies to facilitate timely provision of
crisis response services, including how States can enable
access to crisis response services without requiring a
diagnosis, the use of presumptive eligibility at different
stages of the continuum of crisis response services, the use
of telehealth to deliver crisis response services, strategies
to make crisis response services available 24/7 in medically
underserved regions, and best practices used by States and
health providers for maximizing capacity to deliver crisis
response services, such as identifying and repurposing
available beds, space, and staff for crisis response
services.
(8) Describes best practices for coordinating Medicaid and
CHIP funding with other payors and sources of Federal funding
for mental health and substance use disorder crisis response
services, and best practices for Medicaid and CHIP financing
when the continuum of crisis response services serves
individuals regardless of payor.
(9) Describes best practices for establishing effective
connections with follow-on mental health and substance use
disorder services, as well as with social services and
supports.
(10) Describes best practices for coordinating and
financing a continuum of crisis response services through
Medicaid managed care organizations, prepaid inpatient health
plans, prepaid ambulatory health plans, and fee-for-service
delivery systems, including when States carve-out from
delivery through Medicaid managed care organizations, prepaid
inpatient health plans, prepaid ambulatory health plans, or
fee-for-service systems, mental health or substance use
disorder benefits or a subset of such services.
(11) Identifies strategies and best practices for measuring
and monitoring utilization of, and outcomes related to,
crisis response services.
(b) Technical Assistance Center.--
(1) In general.--Not later than July 1, 2025, the
Secretary, in coordination with the Administrator of the
Centers for Medicare & Medicaid Services and the Assistant
Secretary for Mental Health and Substance Use, shall
establish a technical assistance center to help States under
Medicaid and CHIP design, implement, or enhance a continuum
of crisis response services for children, youth, and adults.
Such technical assistance shall, at least in part, provide
support to States in--
(A) leveraging the Federal authorities through which
Medicaid and CHIP may finance mental health and substance use
disorder crisis response services;
(B) coordinating Medicaid and CHIP funds with other sources
of Federal funding for mental health and substance use
disorder crisis response services; and
(C) after the guidance described in subsection (a) is
issued, adopting the best practices and strategies identified
in such guidance.
(2) Compendium of best practices.--The Secretary shall
develop and maintain a publicly available compendium of best
practices for the successful operation under Medicaid and
CHIP of a continuum of crisis response services. The
Secretary annually shall review the information available
through the compendium and shall update such information when
appropriate.
(c) Funding.--There is appropriated to the Secretary, out
of any funds in the Treasury not otherwise appropriated, to
remain available until expended for purposes of carrying out
subsections (a) and (b), $8,000,000.
(d) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
Subtitle D--Transitioning From Medicaid FMAP Increase Requirements
SEC. 5131. TRANSITIONING FROM MEDICAID FMAP INCREASE
REQUIREMENTS.
(a) In General.--Section 6008 of the Families First
Coronavirus Response Act (42 U.S.C. 1396d note) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to subsection (b)'' and inserting
the following:
``(1) Temporary fmap increase.--Subject to subsections (b)
and (f)'';
(B) by striking ``the last day of the calendar quarter in
which the last day of such emergency period occurs'' and
inserting ``December 31, 2023'';
(C) by striking ``6.2 percentage points'' and inserting
``the applicable number of percentage points for the quarter
(as determined in paragraph (2))''; and
(D) by adding at the end the following new paragraph:
``(2) Applicable number of percentage points.--For purposes
of paragraph (1), the applicable number of percentage points
for a calendar quarter is the following:
``(A) For each calendar quarter that occurs during the
portion of the period described in paragraph (1) that ends on
March 31, 2023, 6.2 percentage points.
``(B) For the calendar quarter that begins on April 1,
2023, and ends on June 30, 2023, 5 percentage points.
``(C) For the calendar quarter that begins on July 1, 2023,
and ends on September 30, 2023, 2.5 percentage points.
``(D) For the calendar quarter that begins on October 1,
2023, and ends on December 31, 2023, 1.5 percentage
points.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``subsection (a)'' and inserting ``subsection (a)(1)'';
(B) in paragraph (2), by striking ``, with respect to an
individual enrolled under such plan (or waiver),''; and
(C) in paragraph (3)--
(i) by striking ``as of the date of enactment of this
section'' and inserting ``as of March 18, 2020,'';
(ii) by striking ``such date of enactment'' and inserting
``March 18, 2020,'';
(iii) by striking ``the last day of the month in which the
emergency period described in subsection (a) ends'' and
inserting ``March 31, 2023,''; and
(iv) by striking ``the end of the month in which such
emergency period ends'' and inserting ``March 31, 2023,'';
(3) by redesignating the subsection (d) added by section 11
of division X of the Consolidated Appropriations Act, 2021
(Public Law 116-260) as subsection (e); and
(4) by adding at the end the following new subsections:
``(f) Eligibility Redeterminations During Transition
Period.--
``(1) In general.-- For each calendar quarter occurring
during the portion of the period described in subsection
(a)(1) that begins on April 1, 2023, and ends on December 31,
2023 (such portion to be referred to in this subsection as
the `transition period'), if a State described in such
subsection satisfies the conditions of subsection (b) and
paragraph (2) of this subsection, the State shall receive the
increase to the Federal medical assistance percentage of the
State applicable under subsection (a). Nothing in this
subsection shall be construed as prohibiting a State,
following the expiration of the condition described in
paragraph (3) of subsection (b), from initiating renewals,
post-enrollment verifications, and redeterminations over a
12-month period for all individuals who are enrolled in such
plan (or waiver) as of April 1, 2023.
``(2) Conditions for fmap increase during transition
period.--The conditions of this paragraph with respect to a
State and the transition period are the following:
``(A) Compliance with federal requirements.--The State
conducts eligibility redeterminations under title XIX of the
Social Security Act in accordance with all Federal
requirements applicable to such redeterminations, including
renewal strategies authorized under section 1902(e)(14)(A) of
the Social Security Act (42 U.S.C. 1396a(e)(14)(A)) or other
alternative processes and procedures approved by the
Secretary of Health and Human Services.
``(B) Maintenance of up-to-date contact information.--The
State, using the National Change of Address Database
Maintained by the United States Postal Service, State health
and human services agencies, or other reliable sources of
contact information, attempts to ensure that it has up-to-
date contact information (including a mailing address, phone
number, and email address) for each individual for whom the
State conducts an eligibility redetermination.
``(C) Requirement to attempt to contact beneficiaries prior
to disenrollment.--The State does not disenroll from the
State plan or waiver any individual who is determined
ineligible for medical assistance under the State plan or
waiver pursuant to such a redetermination on the basis of
returned mail unless the State first undertakes a good faith
effort to contact the individual using more than one
modality.
``(g) Applicable Quarters.--A State that ceases to meet the
requirements of subsection (b) or (f) (as applicable) shall
not qualify for the increase described in subsection (a) in
the Federal medical assistance percentage for such State for
the calendar quarter in which the State ceases to meet such
requirements.''.
(b) Reporting and Enforcement and Corrective Action.--
Section 1902 of the Social Security Act (42 U.S.C. 1396a) is
amended by adding at the end the following new subsection:
``(tt) Requirements Relating to Transition From Families
First Coronavirus Response Act FMAP Increase Requirements;
Enforcement and Corrective Action.--
``(1) Reporting requirements.--For each month occurring
during the period that begins on April 1, 2023, and ends on
June 30, 2024, each State shall submit to the Secretary, on a
timely basis, a report, that the Secretary shall make
publicly available, on the activities of the State relating
to eligibility redeterminations conducted during such period,
and which include, with respect to the month for which the
report is submitted, the following information:
``(A) The number of eligibility renewals initiated,
beneficiaries renewed on a total and ex parte basis, and
individuals whose coverage for medical assistance, child
health assistance, or pregnancy-related assistance was
terminated.
[[Page H10471]]
``(B) The number of individuals whose coverage for medical
assistance, child health assistance, or pregnancy-related
assistance was so terminated for procedural reasons.
``(C) Where applicable, the number of individuals who were
enrolled in a State child health plan or waiver in the form
described in paragraph (1) of section 2101(a).
``(D) Unless the Administrator of the Centers for Medicare
& Medicaid Services reports such information on behalf of the
State:
``(i) In a State with a Federal or State American Health
Benefit Exchange established under title I of the Patient
Protection and Affordable Care Act in which the systems used
to determine eligibility for assistance under this title or
title XXI are not integrated with the systems used to
determine eligibility for coverage under a qualified health
plan with advance payment under section 1412(a) of the
Patient Protection and Affordable Care Act of any premium tax
credit allowed under section 36B of the Internal Revenue Code
of 1986--
``(I) the number of individuals whose accounts were
received via secure electronic transfer by the Federal or
State American Health Benefit Exchange, or a basic health
program established under section 1331 of the Patient
Protection and Affordable Care Act;
``(II) the number of individuals identified in subclause
(I) who were determined eligible for a qualified health plan,
as defined in section 1301(a)(1) of the Patient Protection
and Affordable Care Act, or (if applicable) the basic health
program established under section 1331 of such Act; and
``(III) the number of individuals identified in subclause
(II) who made a qualified health plan selection or were
enrolled in a basic health program plan (if applicable).
``(ii) In a State with a State American Health Benefit
Exchange established under title I of the Patient Protection
and Affordable Care Act in which the systems used to
determine eligibility for assistance under this title or
title XXI are integrated with the systems used to determine
eligibility for coverage under a qualified health plan with
advance payment under section 1412(a) of the Patient
Protection and Affordable Care Act of any premium tax credit
allowed under section 36B of the Internal Revenue Code of
1986--
``(I) the number of individuals who were determined
eligible for a qualified health plan, as defined in section
1301(a)(1) of the Patient Protection and Affordable Care Act,
or (if applicable) the basic health program established under
section 1331 of such Act; and
``(II) the number of individuals identified in subclause
(I) who made a qualified health plan selection or were
enrolled in a basic health program plan (if applicable).
``(E) The total call center volume, average wait times, and
average abandonment rate (as determined by the Secretary) for
each call center of the State agency responsible for
administering the State plan under this title (or a waiver of
such plan) during such month.
``(F) Such other information related to eligibility
redeterminations and renewals during the period described in
paragraph (1), as identified by the Secretary.
``(2) Enforcement and corrective action.--
``(A) In general.--For each fiscal quarter that occurs
during the period that begins on July 1, 2023, and ends on
June 30, 2024, if a State does not satisfy the requirements
of paragraph (1), the Federal medical assistance percentage
determined for the State for the quarter under section
1905(b) shall be reduced by the number of percentage points
(not to exceed 1 percentage point) equal to the product of
0.25 percentage points and the number of fiscal quarters
during such period for which the State has failed to satisfy
such requirements.
``(B) Corrective action plan; additional authority.--
``(i) In general.--The Secretary may assess a State's
compliance with all Federal requirements applicable to
eligibility redeterminations and the reporting requirements
described in paragraph (1), and, if the Secretary determines
that a State did not comply with any such requirements during
the period that begins on April 1, 2023, and ends on June 30,
2024, the Secretary may require the State to submit and
implement a corrective action plan in accordance with clause
(ii).
``(ii) Corrective action plan.--A State that receives a
written notice from the Secretary that the Secretary has
determined that the State is not in compliance with a
requirement described in clause (i) shall--
``(I) not later than 14 days after receiving such notice,
submit a corrective action plan to the Secretary;
``(II) not later than 21 days after the date on which such
corrective action plan is submitted to the Secretary, receive
approval for the plan from the Secretary; and
``(III) begin implementation of such corrective action plan
not later than 14 days after such approval.
``(iii) Effect of failure to submit or implement a
corrective action plan.--If a State fails to submit or
implement an approved corrective action plan in accordance
with clause (ii), the Secretary may, in addition to any
reduction applied under subparagraph (A) to the Federal
medical assistance percentage determined for the State and
any other remedy available to the Secretary for the purpose
of carrying out this title, require the State to suspend
making all or some terminations of eligibility for medical
assistance from the State plan under this title (including
any waiver of such plan) that are for procedural reasons
until the State takes appropriate corrective action, as
determined by the Secretary, and may impose a civil money
penalty of not more than $100,000 for each day a State is not
in compliance.''.
(c) Effective Date.--The amendments made by this section
take effect on April 1, 2023.
Subtitle E--Medicaid Improvement Fund
SEC. 5141. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C.
1396w-1(b)(3)(A)) is amended by striking ``for fiscal year
2025 and thereafter, $0'' and inserting ``for fiscal year
2028 and thereafter, $7,000,000,000''.
TITLE VI--HUMAN SERVICES
SEC. 6101. JACKIE WALORSKI MATERNAL AND CHILD HOME VISITING
REAUTHORIZATION ACT OF 2022.
(a) Short Title.--This section may be cited as the ``Jackie
Walorski Maternal and Child Home Visiting Reauthorization Act
of 2022''.
(b) Outcomes Dashboard.--Section 511(d)(1) of the Social
Security Act (42 U.S.C. 711(d)(1)) is amended--
(1) in the paragraph heading, by striking ``benchmark
areas'' and inserting ``benchmark areas related to individual
family outcomes'';
(2) in subparagraph (D)(i), by striking ``(B)'' and
inserting ``(C)''; and
(3) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively, and inserting
after subparagraph (A) the following:
``(B) Outcomes dashboards.--The Secretary shall, directly
or by grant or contract, establish and operate a website
accessible to the public that includes an annually updated
dashboard that--
``(i) provides easy-to-understand information on the
outcomes achieved by each eligible entity with respect to
each of the benchmarks described in subparagraph (A) of this
paragraph that apply to the eligible entity, which shall be
based on only the data elements or types of data collected
before the date of the enactment of this section unless
administering agencies and the Secretary agree pursuant to
subsection (h)(6) that additional data is required;
``(ii) includes a template provided by the Secretary that
will enable comparison among eligible entities not referred
to in subsection (k)(2)(A) of--
``(I) a profile of each eligible entity showing outcome
indicators and how the outcomes compare to benchmarks
described in subclause (II);
``(II) information on the outcome indicators and requisite
outcome levels established for each eligible entity;
``(III) information on each model employed in the program
operated by each eligible entity, and regarding each
benchmark area described in subsection (d)(1)(A) in which the
model used by the eligible entity is expected to affect
participant outcomes;
``(IV) the most recently available information from the
report required by subparagraph (E) of this paragraph;
``(V) an electronic link to the State needs assessment
under subsection (b)(1); and
``(VI) information regarding any penalty imposed, or other
corrective action taken, by the Secretary against a State for
failing to achieve a requisite outcome level or any other
requirement imposed by or under this section, and an
indication as to whether the eligible entity is operating
under a corrective action plan under subparagraph (E)(ii) of
this paragraph, and if so, a link to the plan, an explanation
of the reason for the implementation of the plan, and a
report on any progress made in operating under the plan;
``(iii) includes information relating to those eligible
entities for which funding is reserved under subsection
(k)(2)(A), with modifications as necessary to reflect tribal
sovereignty, data privacy, and participant confidentiality;
and
``(iv) protects data privacy and confidentiality of
participant families.''.
(c) Funding.--
(1) Grant amounts.--
(A) In general.--Section 511(c)(4) of the Social Security
Act (42 U.S.C. 711(c)(4)) is amended to read as follows:
``(4) Grant amounts.--
``(A) Base grants.--
``(i) In general.--
``(I) General rule.--With respect to each of fiscal years
2023 through 2027 for which an eligible entity not referred
to in subsection (k)(2)(A) is awarded a base grant under this
section, the amount of the grant payable to the eligible
entity for the fiscal year is the amount described by clause
(ii) of this subparagraph with respect to the eligible
entity, except as provided in subclause (II) of this clause.
``(II) Substitution of successor eligible entity for
predecessor.--If the 1st fiscal year for which an eligible
entity is awarded a base grant under this section for a
program operated in a State is among fiscal years 2024
through 2027, the amount described by clause (ii) with
respect to the eligible entity is the amount of the base
grant for which a program operated in the State was eligible
under this subparagraph for fiscal year 2023.
``(ii) Amount described.--
``(I) General rule.--Subject to the succeeding provisions
of this clause, the amount described by this clause with
respect to an eligible entity is--
``(aa) the amount made available under subsection (k) for
base grants for fiscal year 2023 that remains after making
the reservations required by subsection (k)(2) or any other
reductions required by Federal law for fiscal year 2023;
multiplied by
``(bb) the percentage of children in all States who have
not attained 5 years of age (as determined by the Secretary
on the basis of the data most recently available before
fiscal year 2023) that is represented by the number of such
children in the State in which the eligible entity is
operating a program pursuant to this section (as so
determined).
``(II) Adjustments to ensure stable funding.--If the amount
otherwise payable to an eligible entity under subclause (I)
for fiscal year 2023 is less than 90 percent, or greater than
110
[[Page H10472]]
percent, of the amount payable under this section to the
eligible entity for the program for fiscal year 2021, the
Secretary shall increase the amount otherwise so payable to
90 percent, or decrease the amount otherwise so payable to
110 percent, as the case may be, of the amount otherwise so
payable.
``(III) Adjustment to ensure all base grant funds are
allocated.--If the amount described by subclause (I)(aa) is
different than the total of the amounts otherwise described
by subclause (I) after applying subclause (II), the Secretary
shall increase or decrease the amounts otherwise so described
after applying subclause (II) by such equal percentage as is
necessary to reduce that difference to zero.
``(IV) Minimum base grant amount.--Notwithstanding the
preceding provisions of this clause, the amount described by
this clause with respect to an eligible entity shall be not
less than $1,000,000.
``(B) Matching grants.--
``(i) Amount of grant.--
``(I) General rule.--With respect to each of fiscal years
2024 through 2027 for which an eligible entity not referred
to in subsection (k)(2)(A) is awarded a grant under this
section, the Secretary shall increase the amount of the grant
payable to the eligible entity for the fiscal year under
subparagraph (A) of this paragraph by the matching amount (if
any) determined under subclause (II) of this clause with
respect to the eligible entity for the fiscal year and the
additional matching amount (if any) determined under clause
(iii) of this subparagraph with respect to the eligible
entity for the fiscal year.
``(II) Matching amount.--
``(aa) In general.--Subject to item (bb) of this subclause,
the matching amount with respect to an eligible entity for a
fiscal year is 75 percent of the sum of--
``(AA) the total amount obligated by the eligible entity
for home visiting services in the State for the fiscal year,
from Federal funds made available for the fiscal year under
this subparagraph; and
``(BB) the total amount so obligated by the eligible entity
from non-Federal funds, determined under subclause (III).
``(bb) Limitation.--The matching amount with respect to an
eligible entity for a fiscal year shall not exceed the
allotment under subclause (IV) for the State in which the
eligible entity is operating a program under this section for
the fiscal year.
``(III) Determination of obligations from non-federal
funds.--For purposes of this clause, the total amount
obligated by an eligible entity from non-Federal funds is the
total of the amounts that are obligated by the eligible
entity from non-Federal sources, to the extent that--
``(aa) the services are delivered in compliance with
subsections (d)(2) and (d)(3);
``(bb) the eligible entity has reported the obligations to
the Secretary; and
``(cc) the amount is not counted toward meeting the
maintenance of effort requirement in subsection (f).
``(IV) State allotments.--The amount allotted under this
subclause for a State in which an eligible entity is
operating a program under this section for a fiscal year is--
``(aa) the minimum matching grant allocation amount for the
fiscal year; plus
``(bb)(AA) the amount (if any) by which the amount made
available under subsection (k) for matching grants for the
fiscal year that remains after making the reservations
required by subsection (k)(2) or any other reduction required
by Federal law for the fiscal year exceeds the sum of the
minimum matching grant allocation amounts for all eligible
entities for the fiscal year; multiplied by
``(BB) the percentage of children in all States who have
not attained 5 years of age and are members of families with
income not exceeding the poverty line (as determined by the
Secretary on the basis of the most recently available data)
that is represented by the number of such children in the
State (as so determined).
``(V) Minimum matching grant allocation amount.--Subject to
subclause (VI), for purposes of subclause (IV), the minimum
matching grant allocation amount for a fiscal year is--
``(aa) in the case of fiscal year 2024, $776,000;
``(bb) in the case of fiscal year 2025, $1,000,000;
``(cc) in the case of fiscal year 2026, $1,500,000; and
``(dd) in the case of fiscal year 2027, $2,000,000.
``(VI) Special rule.--If, after making any reductions
otherwise required by law for a fiscal year, the amount made
available for matching grants under this clause for the
fiscal year is insufficient to provide the minimum matching
grant allocation amount to each eligible entity operating a
program under this section for the fiscal year, the Secretary
may make a proportionate adjustment to the minimum matching
grant allocation amount for the fiscal year to accommodate
the reductions.
``(ii) Submission of statement expressing interest in
additional matching funds if available.--Before the beginning
of a fiscal year for which an eligible entity desires a
matching grant under this subparagraph for a program operated
under this section, the eligible entity shall submit to the
Secretary a statement as to whether the eligible entity
desires additional matching grant funds that may be made
available under clause (iii) for the fiscal year.
``(iii) Carryover and reallocation of unobligated funds.--
``(I) In general.--If the Secretary determines that an
amount allotted under clause (i)(IV) of this subparagraph for
a fiscal year will not be awarded during the fiscal year, or
that an amount made available under subsection (k)(1) for a
fiscal year for matching grants will not be obligated by an
eligible entity for the fiscal year, the amount shall be
available for matching grants under this subparagraph for the
succeeding fiscal year for eligible entities that have made
submissions under clause (ii) of this subparagraph for
additional matching grant funds from the amount.
``(II) State allotments.--The Secretary shall allot to each
eligible entity that has made such a submission for a fiscal
year--
``(aa) the total amount (if any) made available under
subclause (I) for the fiscal year; multiplied by
``(bb) the percentage of children who have not attained 5
years of age and are members of families with income not
exceeding the poverty line (as determined by the Secretary on
the basis of the most recently available data) in all of the
States in which any eligible entity that has made such a
submission is so operating a program, that is represented by
the number of such children in the State (as so determined)
in which the eligible entity is operating such a program.
``(III) Additional matching amount.--
``(aa) In general.--Subject to item (bb) of this subclause,
the additional matching amount with respect to an eligible
entity for a fiscal year is 75 percent of the sum of--
``(AA) the total amount obligated by the eligible entity
for home visiting services in the State for the fiscal year,
from Federal funds made available for the fiscal year under
this subparagraph; and
``(BB) the total amount so obligated by the eligible entity
from non-Federal funds, determined under clause (i)(III),
that are not taken into account in determining the matching
amount with respect to the eligible entity under clause (i).
``(bb) Limitation.--The additional matching amount with
respect to an eligible entity for a fiscal year shall not
exceed the allotment under subclause (II) for the State in
which the eligible entity is operating a program under this
section for the fiscal year.''.
(B) Maintenance of effort.--Section 511(f) of such Act (42
U.S.C. 711) is amended to read as follows:
``(f) Maintenance of Effort.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may not make a grant to an
eligible entity under this section for a fiscal year if the
total amount of non-Federal funds obligated by the eligible
entity in the State in the fiscal year for a program operated
pursuant to this section is less than the total amount of
non-Federal funds reported to have been expended by any
eligible entity for such a program in the State in fiscal
year 2019 or 2021, whichever is the lesser.
``(2) Publication of amounts.--Not later than June 30,
2023, the Secretary shall cause to have published in the
Federal Register the amount of non-Federal funds expended as
described in this section that has been reported by each
eligible entity not referred to in subsection (k)(2)(A) for
each of fiscal years 2019 and 2021.
``(3) Grace period.--The Secretary may, in exceptional
circumstances, allow an eligible entity a period to come into
compliance with this subsection. The Secretary shall provide
technical assistance to any eligible entity to assist the
entity in doing so.''.
(2) Reservations of funds for certain purposes.--Section
511(j)(2) of such Act (42 U.S.C. 711(j)(2)) is amended--
(A) in the matter preceding subparagraph (A), by striking
``the amount'' and inserting ``each amount made available for
base grants and each amount made available for matching
grants'';
(B) in subparagraph (A)--
(i) by striking ``3'' and inserting ``6'';
(ii) by inserting ``and administering'' before ``grants'';
and
(iii) by striking ``and'' at the end; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) 2 percent of such amount for purposes of providing
technical assistance, directly or through grants or
contracts--
``(i) for purposes as otherwise described in subsections
(c)(5), (d)(1)(C)(iii), (d)(1)(E)(iii), and (d)(4)(E); and
``(ii) to entities referred to in subparagraph (A) of this
paragraph;
``(C) 2 percent of such amount for purposes of the
provision of workforce support, retention, and case
management, including workforce-related technical assistance,
to eligible entities, research and evaluation, and program
administration, directly or through grants or contracts, of
which the Secretary shall use not more than $1,500,000 to
establish and operate the Jackie Walorski Center for
Evidence-Based Case Management; and
``(D) 3 percent of such amount for purposes of research and
evaluation (directly or through grants or contracts), and for
administering this section (directly, through contracts, or
otherwise).''.
(3) Appropriations.--
(A) In general.--Section 511(j)(1) of the Social Security
Act (42 U.S.C. 711(j)(1)) is amended by striking
subparagraphs (A) through (H) and inserting the following:
``(A) for fiscal year 2023, $500,000,000 for base grants;
``(B) for fiscal year 2024, $550,000,000, of which
$500,000,000 shall be for base grants and $50,000,000 shall
be for matching grants;
``(C) for fiscal year 2025, $600,000,000, of which
$500,000,000 shall be for base grants and $100,000,000 shall
be for matching grants;
``(D) for fiscal year 2026, $650,000,000, of which
$500,000,000 shall be for base grants and $150,000,000 shall
be for matching grants; and
``(E) for fiscal year 2027, $800,000,000, of which
$500,000,000 shall be for base grants and $300,000,000 shall
be for matching grants.''.
(B) Special rule.--Obligations and expenditures made
pursuant to section 201 of division D of the Continuing
Appropriations and Ukraine Supplemental Appropriations Act,
2023 (Public Law 117-180) and section 201 of division C of
the
[[Page H10473]]
Further Continuing Appropriations and Extensions Act, 2023
shall be charged to the appropriation made by section
511(j)(1)(A) of the Social Security Act for fiscal year 2023
(as added by subparagraph (A) of this paragraph).
(C) Repeal.--Section 201 of title II of division D of
Public Law 117-180 and section 201 of division C of the
Further Continuing Appropriations and Extensions Act, 2023
are hereby repealed.
(4) Disposition of excess funds reserved for research,
evaluation, and administration.--Section 511(j) of the Social
Security Act (42 U.S.C. 711(j)) is amended by adding at the
end the following:
``(5) Disposition of excess funds reserved for research,
evaluation, and administration.--To the extent that the
amounts reserved under paragraph (2)(D) for a fiscal year are
not obligated in the fiscal year, the Secretary may use the
funds for any purpose described in this section or to offset
any reduction with respect to this section that is required
by Federal law.''.
(d) Requirement That Home Visiting Programs Be Targeted and
Intensive.--Section 511(d)(3) of the Social Security Act (42
U.S.C. 711(d)(3)) is amended by redesignating subparagraph
(B) as subparagraph (C) and inserting after subparagraph (A)
the following:
``(B) Use of grant to provide or support targeted,
intensive home visiting services.--The program uses the grant
to provide or support targeted, intensive home visiting
services for the populations described in paragraph (5).''.
(e) Limitation on Use of Funds for Administration.--
(1) In general.--Section 511(d) of the Social Security Act
(42 U.S.C. 711(d)) is amended by adding at the end the
following:
``(5) Limitation on use of funds for administrative
costs.--
``(A) In general.--Except as provided in subparagraph (B)
of this paragraph, an eligible entity to which funds are
provided under subsection (c) or (h)(2)(B) shall not use more
than 10 percent of the funds to cover the costs of
administration.
``(B) Authority to grant exceptions.--
``(i) In general.--The Secretary may authorize an eligible
entity that meets a condition of clause (ii) of this
subparagraph to exceed the percentage limitation in
subparagraph (A) with respect to a program conducted under
this subsection by not more than 5 percentage points, subject
to such terms and conditions as the Secretary deems
appropriate.
``(ii) Conditions.--An eligible entity meets a condition of
this clause if the eligible entity--
``(I) conducts the program by directly providing home
visits to eligible families and without a sub-recipient;
``(II) in the fiscal year for which the grant for the
program is made under this section, proposes to expand
services in 1 or more communities identified in the statewide
needs assessment under subsection (b) and in which home
visiting services are not provided; or
``(III) has conducted the program for fewer than 3
years.''.
(2) Conforming amendments.--Section 511(i)(2) of such Act
(42 U.S.C. 711(i)(2)) is amended by striking subparagraph (C)
and redesignating subparagraphs (D) through (G) as
subparagraphs (C) through (F), respectively.
(f) Annual Report to Congress.--
(1) In general.--Section 511 of the Social Security Act (42
U.S.C. 711) is amended by redesignating subsections (j) and
(k) as subsections (k) and (l), respectively, and inserting
after subsection (i) the following:
``(j) Annual Report to Congress.--By December 31, 2023, and
annually thereafter, the Secretary shall submit to the
Congress a written report on the grants made under this
section for the then preceding fiscal year, which shall
include--
``(1) an eligible entity-by-eligible entity summary of the
outcomes measured by the entity with respect to each
benchmark described in subsection (e)(5) that apply to the
entity;
``(2) information regarding any technical assistance funded
under subparagraph (B) or (C) of subsection (k)(2), including
the type of any such assistance provided;
``(3) information on the demographic makeup of families
served by each such entity to the extent possible while
respecting participant confidentiality, including race,
ethnicity, educational attainment at enrollment, household
income, and other demographic markers as determined by the
Secretary;
``(4) the information described in subsection (d)(1)(E);
``(5) the estimated share of the eligible population served
using grants made under this section;
``(6) a description of each service delivery model funded
under this section by the eligible entities in each State,
and the share (if any) of the grants expended on each model;
``(7) a description of non-Federal expenditures by eligible
entities to qualify for matching funds under subsection
(c)(4);
``(8) information on the uses of funds reserved under
subsection (k)(2)(C);
``(9) information relating to those eligible entities for
which funding is reserved under subsection (k)(2)(A), with
modifications as necessary to reflect tribal data
sovereignty, data privacy, and participant confidentiality;
and
``(10) a list of data elements collected from eligible
entities, and the purpose of each data element in measuring
performance or enforcing requirements under this section.''.
(2) Conforming amendments.--
(A) Section 511 of such Act (42 U.S.C. 711) is amended--
(i) in subsection (b)(1)(B)(iii), by striking ``(k)(2)''
and inserting ``(l)(2)''; and
(ii) in subsection (h)(2)(B)--
(I) by striking ``(j)'' and inserting ``(k)''; and
(II) by striking ``(k)(1)(B)'' and inserting ``(l)(1)(B)''.
(B) Section 511A(c) of such Act (42 U.S.C. 711a(c)) is
amended in each of paragraphs (5) and (7) by striking
``511(k)(2)'' and inserting ``511(l)(2)''.
(g) Reduction of Administrative Burden.--Section 511(h) of
the Social Security Act (42 U.S.C. 711(h)) is amended by
adding at the end the following:
``(6) Reduction of administrative burden.--
``(A) In general.--The Secretary shall reduce the burden,
on States and public and private implementing agencies at the
local level, of administering this section, by--
``(i) reviewing and revising administrative data collection
instruments and forms to eliminate duplication and streamline
reporting requirements for States, eligible entities referred
to in subsection (k)(2)(A), and nonprofit organizations
referred to in subsection (l)(1)(B), including timelines for
submitting reports;
``(ii) conducting an analysis of the total number of hours
reported by administering agencies on complying with
paperwork requirements, and exploring, in consultation with
administering agencies, ways to reduce the number of hours
spent by at least 15 percent;
``(iii) conducting a review of paperwork and data
collection requirements for tribal grantees, and exploring,
in consultation with tribes and tribal organizations, ways to
reduce administrative burden, respect sovereignty, and
acknowledge the different focus points for tribal grantees;
``(iv) collecting input from relevant State fiscal
officials to align fiscal requirements and oversight for
States and eligible entities to ensure consistency with
standards and guidelines for other Federal formula grant
programs; and
``(v) consulting with administering agencies and service
delivery model representatives on needed and unneeded data
elements regarding the dashboards provided for in subsection
(d)(1)(B), consistent with the data requirements of such
subsection.
``(B) Findings on paperwork reduction.--
``(i) Inclusion in report.--In the 1st report submitted
pursuant to subsection (j) more than 18 months after the date
of the enactment of this Act, the Secretary shall include the
findings of the Secretary with respect to the matters
described in subparagraph (A).
``(ii) Implementation.--Within 2 years after complying with
clause (i), the Secretary shall implement the findings
referred to in clause (i).''.
(h) Virtual Home Visiting Authorization and Restrictions.--
(1) Virtual home visits.--
(A) Application requirements.--Section 511(e) of the Social
Security Act (42 U.S.C. 711(e)) is amended by redesignating
paragraph (10) as paragraph (11) and inserting after
paragraph (9) the following:
``(10) At the option of the eligible entity--
``(A) a description of any limitations or constraints on
virtual home visits under the program, including--
``(i) a description of the plan of the eligible entity to
encourage in-person home visits; and
``(ii) a description of the considerations to be used in
determining when a virtual home visit is appropriate,
including client consent, client preference, geographic
limitations, model fidelity, and hazardous conditions
including public health emergencies, weather events, health
concerns for home visitors and client families, and other
local issues;
``(B) an assurance that--
``(i) the virtual home visit is implemented as a model
enhancement; or
``(ii) the Secretary has identified the home visit as part
of an effective model or model adaptation, based on an
evidence of effectiveness review conducted using the criteria
established under subsection (d)(3)(A)(iii); and
``(C) an assurance to the Secretary that at least 1 in-
person home visit shall be conducted for each client family
under the program during the 12-month period that begins with
the entry of the client family into the program, and during
each succeeding 12-month period, except that any such period
in which a public health emergency declared under Federal
law, or under the law of the State in which the program is
conducted, is in effect shall be extended by the length of
time in which the declaration is in effect.''.
(B) Applicable rules.--Section 511(d) of such Act (42
U.S.C. 711(d)) is amended by redesignating paragraph (4) and
paragraph (5) (as added by subsection (e)(1) of this section)
as paragraphs (5) and (6), respectively, and inserting after
paragraph (3) the following:
``(4) Virtual home visits.--
``(A) In general.--A virtual home visit conducted under the
program shall be considered a home visit for purposes of this
section if the application for funding of the program
submitted pursuant to this section most recently after the
effective date of this paragraph includes the material
described in subsection (e)(10).
``(B) Standards for training applicable to virtual service
delivery.--The standards for training requirements applicable
to virtual service delivery under a home visiting model shall
be equivalent to those that apply to in-person service
delivery under the model.
``(C) Reporting requirement.--A grant made under this
section for the program may not be used for any virtual home
visit during a year, unless the eligible entity to which the
grant is made submits the report described in subsection
(e)(8)(A) for the year.
``(D) Virtual home visit defined.--In this section, the
term `virtual home visit' means a visit conducted solely by
use of electronic information and telecommunications
technologies.
``(E) Technical assistance.--If the Secretary finds that an
eligible entity has not complied with the assurance described
in subsection
[[Page H10474]]
(e)(10)(C), the Secretary shall, directly or through grants,
contracts, or cooperative agreements, provide the eligible
entity with such technical assistance as is necessary to
assist the eligible entity in doing so.''.
(C) Program requirement.--Section 511(d)(3)(C) of such Act
(42 U.S.C. 711(d)(3)(C)), as so redesignated by subsection
(d) of this section, is amended by adding at the end the
following:
``(vii) If the application submitted by the eligible entity
includes the assurance described in subsection (e)(10)(C)
with respect to the program, the program provides in-person
service consistent with the assurances.''.
(D) Reports.--Section 511(e)(8)(A) of such Act (42 U.S.C.
711(e)(8)(A)) is amended by inserting ``, including the
number of virtual home visits conducted under the program in
the year covered by the report, disaggregated with respect to
each home visiting model under which the virtual home visits
are conducted'' before the semicolon.
(2) Transition rule.--
(A) In general.--A virtual home visit conducted before the
effective date of the amendments made by this subsection
under an early childhood home visitation program funded under
section 511 of the Social Security Act shall be considered a
home visit for purposes of such section.
(B) Virtual home visit defined.--In subparagraph (A), the
term ``virtual home visit'' means a visit conducted solely by
use of electronic information and telecommunications
technologies.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take
effect on October 1, 2022.
(2) Virtual home visiting provisions.--The amendments made
by subsection (h) shall take effect on October 1, 2023.
SEC. 6102. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM.
Activities authorized by part A of title IV (other than
under section 403(c) or 418) and section 1108(b) of the
Social Security Act shall continue through September 30,
2023, in the manner authorized for fiscal year 2022, and out
of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose.
SEC. 6103. 1-YEAR EXTENSION OF CHILD AND FAMILY SERVICES
PROGRAMS.
(a) The following provisions of the Social Security Act are
each amended by striking ``2022'' and inserting ``2023'':
(1) Section 436(a) (42 U.S.C. 629f(a)).
(2) Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)).
(3) Section 436(b)(5) (42 U.S.C. 629f(b)(5)).
(4) Section 438(d) (42 U.S.C. 629h(d)).
(b) The following provisions of the Social Security Act are
each amended by striking ``2021'' and inserting ``2023'':
(1) Section 425 (42 U.S.C. 625).
(2) Section 437(a) (42 U.S.C. 629g(a)).
(3) Section 437(f)(3)(A) (42 U.S.C. 629g(f)(3)(A)).
(4) Section 437(f)(10) (42 U.S.C. 629g(f)(10)).
TITLE VII--SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH
PROGRAM
SEC. 7701. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER
HEALTH PROGRAM.
(a) In General.--Title XXXIII of the Public Health Service
Act (42 U.S.C. 300mm et seq.) is amended by adding at the end
the following:
``SEC. 3352. SUPPLEMENTAL FUND.
``(a) In General.--There is established a fund to be known
as the World Trade Center Health Program Supplemental Fund
(referred to in this section as the `Supplemental Fund'),
consisting of amounts deposited into the Fund under
subsection (b).
``(b) Amount.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated for fiscal year
2023 $1,000,000,000, for deposit into the Supplemental Fund,
which amounts shall remain available through fiscal year
2032.
``(c) Uses of Funds.--Amounts deposited into the
Supplemental Fund under subsection (b) shall be available,
without further appropriation and without regard to any
spending limitation under section 3351(c), to the WTC Program
Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title,
including sections 3303 and 3341(c).
``(d) Return of Funds.--Any amounts that remain in the
Supplemental Fund on September 30, 2032, shall be deposited
into the Treasury as miscellaneous receipts.''.
(b) Conforming Amendments.--Title XXXIII of the Public
Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``section 3351'' and
inserting ``sections 3351 and 3352'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``section 3351'' and
inserting ``sections 3351 and 3352'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by inserting ``and the World Trade
Center Health Program Supplemental Fund'' before the period
at the end; and
(B) in subsection (d)--
(i) in paragraph (1)(B), by inserting ``(excluding any
expenditures from amounts in the World Trade Center Health
Program Supplemental Fund under section 3352)'' before the
period at the end; and
(ii) in paragraph (2), in the flush text following
subparagraph (C), by inserting ``(excluding any expenditures
from amounts in the World Trade Center Health Program
Supplemental Fund under section 3352)'' before the period at
the end; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``or as available from
the World Trade Center Health Program Supplemental Fund under
section 3352'' before the period at the end; and
(B) in paragraph (3), by inserting ``or as available from
the World Trade Center Health Program Supplemental Fund under
section 3352'' before the period at the end.
(c) Prevention and Public Health Fund.--Section 4002(b) of
the Patient Protection and Affordable Care Act (42 U.S.C.
300u-11(b)) is amended--
(1) in paragraph (8), by striking ``$1,800,000,000; and''
and inserting ``$1,525,000,000;'';
(2) by striking paragraph (9) and inserting the following:
``(9) for each of fiscal years 2028 and 2029,
$1,725,000,000; and''; and
(3) by adding at the end the following:
``(10) for fiscal year 2030 and each fiscal year
thereafter, $2,000,000,000.''.
SEC. 7702. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON
YOUTH.
(a) In General.--Section 3341 of the Public Health Service
Act (42 U.S.C. 300mm-51) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``With respect'' through ``subtitle B, the'' and inserting
``The''; and
(B) by striking ``of such individuals'' each place it
appears;
(2) in subsection (b)(1), by inserting ``and individuals
who were exposed within a geographic area related to the
September 11, 2001, terrorist attacks in a manner similar to
the exposure within such geographic area experienced by
individuals meeting the eligibility criteria under section
3311(a)(2) or 3321(a)(1)(B)'' after ``treatment'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Research Cohort for Emerging Health Impacts on
Youth.--
``(1) In general.--The WTC Program Administrator, in
consultation with the Secretary of Education, shall establish
a research cohort of sufficient size to conduct future
research studies on the health and educational impacts of
exposure to airborne toxins, or any other hazard or adverse
condition, resulting from the September 11, 2001, terrorist
attacks, including on the population of individuals who were
21 years of age or younger at the time of exposure, including
such individuals who are screening-eligible WTC survivors or
certified-eligible WTC survivors.
``(2) Populations studied.--The research cohort under
paragraph (1) may include--
``(A) individuals who, on September 11, 2001, were 21 years
of age or younger and were--
``(i) outside the New York City disaster area; and
``(ii) in--
``(I) the area of Manhattan not further north than 14th
Street; or
``(II) Brooklyn; and
``(B) control populations, including populations of
individuals who, on September 11, 2001, were 21 years of age
or younger.''.
(b) Funding.--Section 3351(b) of such Act (42 U.S.C. 300mm-
61(b)) is amended by inserting after paragraph (3) the
following:
``(4) Limitation for research cohort for emerging health
impacts on youth.--Notwithstanding paragraph (1), the amounts
made available under such paragraph may not be used for
fiscal years 2023 through 2032 to carry out subsection (c) of
section 3341.''.
(c) Conforming Amendment.--Section 3301(f)(2)(E) of such
Act (42 U.S.C. 300mm(f)(2)(E)) is amended by striking
``section 3341(a)'' and inserting ``subsection (a) or (c) of
section 3341''.
DIVISION GG--MERGER FILING FEE MODERNIZATION
SEC. 101. SHORT TITLE.
This division may be cited as the ``Merger Filing Fee
Modernization Act of 2022''.
TITLE I--MODERNIZING MERGER FILING FEE COLLECTIONS; ACCOUNTABILITY
REQUIREMENTS; LIMITATION ON FUNDING
SEC. 101. MODIFICATION OF PREMERGER NOTIFICATION FILING FEES.
Section 605 of Public Law 101-162 (15 U.S.C. 18a note) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``$45,000'' and inserting ``$30,000'';
(ii) by striking ``$100,000,000'' and inserting
``$161,500,000'';
(iii) by striking ``2004'' and inserting ``2023''; and
(iv) by striking ``2003'' and inserting ``2022'';
(B) in paragraph (2)--
(i) by striking ``$125,000'' and inserting ``$100,000'';
(ii) by striking ``$100,000,000'' and inserting
``$161,500,000'';
(iii) by striking ``but less'' and inserting ``but is
less''; and
(iv) by striking ``and'' at the end;
(C) in paragraph (3)--
(i) by striking ``$280,000'' and inserting ``$250,000'';
and
(ii) by striking the period at the end and inserting ``but
is less than $1,000,000,000 (as so adjusted and
published);''; and
(D) by adding at the end the following:
``(4) $400,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton
[[Page H10475]]
Act (15 U.S.C. 18a(a)(2)) is not less than $1,000,000,000 (as
so adjusted and published) but is less than $2,000,000,000
(as so adjusted and published);
``(5) $800,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C.
18a(a)(2)) is not less than $2,000,000,000 (as so adjusted
and published) but is less than $5,000,000,000 (as so
adjusted and published); and
``(6) $2,250,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C.
18a(a)(2)) is not less than $5,000,000,000 (as so adjusted
and published).''; and
(2) by adding at the end the following:
``(c)(1) For each fiscal year commencing after September
30, 2023, the filing fees in this section shall be increased
by an amount equal to the percentage increase, if any, in the
Consumer Price Index, as determined by the Department of
Labor or its successor, for the year then ended over the
level so established for the year ending September 30, 2022.
``(2) As soon as practicable, but not later than January 31
of each year, the Federal Trade Commission shall publish the
adjusted amounts required by paragraph (1).
``(3) The Federal Trade Commission shall not adjust amounts
required by paragraph (1) if the percentage increase
described in paragraph (1) is less than 1 percent.
``(4) An amount adjusted under this section shall be
rounded to the nearest multiple of $5,000.''.
SEC. 102. REPORTING REQUIREMENTS FOR MERGER FEE COLLECTIONS.
(a) FTC and DOJ Joint Report.--For each of fiscal years
2023 through 2027, the Federal Trade Commission and
Department of Justice shall jointly and annually report to
the Congress on the operation of section 7A of the Clayton
Act (15 U.S.C. 18a) and shall include in such report the
following:
(1) The amount of funds made available to the Federal Trade
Commission and the Department of Justice, respectively, from
the premerger notification filing fees under this section, as
adjusted by the Merger Filing Fee Modernization Act of 2022,
as compared to the funds made available to the Federal Trade
Commission and the Department of Justice, respectively, from
premerger notification filing fees as the fees were
determined in fiscal year 2022.
(2) The total revenue derived from premerger notification
filing fees, by tier, by the Federal Trade Commission and the
Department of Justice, respectively.
(3) The gross cost of operations of the Federal Trade
Commission, by Budget Activity, and the Antitrust Division of
the Department of Justice, respectively.
(b) FTC Report.--The Federal Trade Commission shall include
in the report required under subsection (a), in addition to
the requirements under subsection (a), for the previous
fiscal year--
(1) for actions with respect to which the record of the
vote of each member of the Federal Trade Commission is on the
public record of the Federal Trade Commission, a list of each
action with respect to which the Federal Trade Commission
took or declined to take action on a 3 to 2 vote; and
(2) for all actions for which the Federal Trade Commission
took a vote, the percentage of such actions that were decided
on a 3 to 2 vote.
(c) Summary.--The Federal Trade Commission and the
Department of Justice shall make the report required under
subsection (a) available to the Committees on the Judiciary
of the House of Representatives and of the Senate, and shall,
for fiscal years 2023 through 2027, no later than July 1,
present a summary of the joint annual report for the
preceding fiscal year, including the information required in
subsections (a) and (b) of this section, to the Committees on
the Judiciary of the House of Representatives and of the
Senate.
TITLE II--DISCLOSURE OF SUBSIDIES BY FOREIGN ADVERSARIES
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Foreign subsidies, which can take the form of direct
subsidies, grants, loans (including below-market loans), loan
guarantees, tax concessions, preferential government
procurement policies, or government ownership or control, can
distort the competitive process by enabling the subsidized
firm to submit a bid higher than other firms in the market,
or otherwise change the incentives of the firm in ways that
undermine competition following an acquisition.
(2) Foreign subsidies are particularly problematic when
granted by countries or entities that constitute a strategic
or economic threat to United States interests.
(3) The Made in China 2025 plan, states that the Chinese
Communist Party will ``support enterprises to carry out
mergers and acquisitions (M&A), equity investment, and
venture capital overseas''.
(4) The 2020 report to Congress from the bipartisan U.S.-
China Economic and Security Review Commission concluded that
the Chinese Government subsidizes companies with a goal of
their expanding into the United States and other countries,
finding that ``[t]his process assists Chinese national
champions in surpassing and supplanting global market
leaders''. The report warns that the risk is particularly
acute when it comes to emerging technologies, where China
seeks to ``surpass and displace the United States altogether
[and that] [f]ailure to appreciate the gravity of this
challenge and defend U.S. competitiveness would be dire . . .
[and] risks setting back U.S. economic and technological
progress for decades''.
(5) In remarks before the Hudson Institute on December 8,
2020, FTC Commissioner Noah Phillips stated, ``[O]ne area
where antitrust needs to reckon with the strategic interests
of other nations is when we scrutinize mergers or conduct
involving state-owned entities . . . companies that are
controlled, to varying degrees, by the state . . . [and]
often are a government tool for implementing industrial
policies or to protect national security''.
(b) Purpose.--The purpose of this section is to require
parties providing pre-merger notifications to include in the
notification required under section 7A of the Clayton Act (15
U.S.C. 18a) information concerning subsidies they receive
from countries or entities that are strategic or economic
threats to the United States.
SEC. 202. MERGERS INVOLVING FOREIGN GOVERNMENT SUBSIDIES.
(a) Definition.--In this section, the term ``foreign entity
of concern'' has the meaning given the term in section 40207
of the Infrastructure Investment and Jobs Act (42 U.S.C.
18741(a)).
(b) Accounting for Foreign Government Subsidies.--A person
required to file a notification under section 7A of the
Clayton Act (15 U.S.C. 18a) that received a subsidy from a
foreign entity of concern shall include in such notification
content regarding such subsidy.
(c) Authority of Antitrust Regulators.--The Federal Trade
Commission, with the concurrence of the Assistant Attorney
General in charge of the Antitrust Division of the Department
of Justice, and in consultation with the Chairperson of the
Committee on Foreign Investment in the United States, the
Secretary of Commerce, the Chair of the United States
International Trade Commission, the United States Trade
Representative, and the heads of other appropriate agencies,
and by rule in accordance with section 553 of title 5, United
States Code, shall require that the notification required
under subsection (b) be in such form and contain such
documentary material and information relevant to a proposed
acquisition as is necessary and appropriate to enable the
Federal Trade Commission and the Assistant Attorney General
in charge of the Antitrust Division of the Department of
Justice to determine whether such acquisition may, if
consummated, violate the antitrust laws.
(d) Effective Date.--Subsection (b) shall take effect on
the date on which the rule described in subsection (c) takes
effect.
TITLE III--VENUE FOR STATE ANTITRUST ENFORCEMENT
SEC. 301. VENUE FOR STATE ANTITRUST ENFORCEMENT.
Section 1407 of title 28, United States Code, is amended--
(1) in subsection (g) by inserting ``or a State'' after
``United States'' and striking ``; but shall not include
section 4A of the Act of October 15, 1914, as added July 7,
1955 (69 Stat. 282; 15 U.S.C. 15a)''; and
(2) by striking subsection (h).
DIVISION HH--AGRICULTURE
SEC. 101. DEFINITION.
In this division, the term ``Secretary'' means the
Secretary of Agriculture.
TITLE I--CONSERVATION
SEC. 201. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND
THIRD-PARTY VERIFIER PROGRAM.
(a) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Program Advisory Council established under
subsection (f)(1).
(2) Agriculture or forestry credit.--The term ``agriculture
or forestry credit'' means a credit representing an amount of
greenhouse gas emissions from an agricultural or forestry
activity that are prevented, reduced, or mitigated (including
through the sequestration of carbon) as a result of an
agricultural or forestry activity.
(3) Beginning, socially disadvantaged, limited resource, or
veteran farmer, rancher, or private forest landowner.--The
term ``beginning, socially disadvantaged, limited resource,
or veteran farmer, rancher, or private forest landowner''
means a farmer, rancher, or private forest landowner who is--
(A) a beginning farmer or rancher (as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)));
(B) a socially disadvantaged farmer or rancher (as defined
in section 355(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2003(e)));
(C) a limited resource farmer or rancher (as defined in
section 1470.3 of title 7, Code of Federal Regulations (or
successor regulations)); or
(D) a veteran farmer (as defined in section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279)).
(4) Covered entity.--The term ``covered entity'' means a
person or entity, including a private business, non-profit
organization, or public agency, that either--
(A) is a provider of technical assistance to farmers,
ranchers, or private forest landowners in carrying out
sustainable land use management practices that prevent,
reduce, or mitigate greenhouse gas emissions (including
through the sequestration of carbon); or
(B) is a third-party verifier entity that conducts the
verification of the processes described in protocols for
voluntary environmental credit markets.
(5) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide; and
(D) any other gas that the Secretary, in consultation with
the Advisory Council, determines has been identified to have
heat trapping qualities.
(6) Program.--The term ``Program'' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier
Program established under subsection (b).
[[Page H10476]]
(7) Protocol.--The term ``protocol'' means a systematic
approach for generating an agriculture or forestry credit,
which follows a transparent and thorough science-based
methodology (including 1 or more baseline scenarios)--
(A) for the development of projects to prevent, reduce, or
mitigate greenhouse gas emissions (including projects to
sequester carbon); and
(B) for demonstrating how to quantify, monitor, report, and
verify the prevention, reduction, or mitigation of greenhouse
gas emissions by projects described in subparagraph (A).
(8) Socially disadvantaged group.--The term ``socially
disadvantaged group'' has the meaning given that term in
section 355(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2003(e)).
(9) Technical assistance.--The term ``technical
assistance'' means technical expertise, information, and
tools to assist a farmer, rancher, or private forest
landowner, who is engaged in or wants to engage in a project
to prevent, reduce, or mitigate greenhouse gas emissions
(including a project to sequester carbon), as necessary to
meet a protocol.
(10) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary
market through which agriculture or forestry credits may be
bought or sold.
(b) Establishment of Program.--
(1) Determination.--
(A) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall make a
determination of whether establishing a voluntary program to
register covered entities that carry out activities described
in subsection (c)(2) will further each of the following
purposes:
(i) Facilitating the participation of farmers, ranchers,
and private forest landowners in voluntary environmental
credit markets.
(ii) Facilitating the provision of technical assistance,
through covered entities, to farmers, ranchers, and private
forest landowners to help overcome barriers to entry into
voluntary environmental credit markets.
(iii) Ensuring that participating farmers, ranchers, and
private forest landowners receive fair distribution of
revenues derived from the sale of an agriculture or forestry
credit.
(iv) Increasing access for farmers, ranchers, and private
forest landowners to resources relating to existing voluntary
environmental credit markets, including information relating
to the basic market structure and the various roles and
qualifications of different parties.
(B) Considerations.--In making the determination under this
paragraph, the Secretary shall consider the results of the
assessment conducted under subsection (g)(2)(A) and any other
relevant information.
(2) Establishment.--If the Secretary determines under
paragraph (1) that establishing such a program will further
such purposes, the Secretary shall establish a voluntary
program, to be known as the ``Greenhouse Gas Technical
Assistance Provider and Third-Party Verifier Program'', to
register covered entities that carry out activities described
in subsection (c).
(3) Report.--Not later than 90 days after making the
determination under paragraph (1), the Secretary shall
publish a report describing the reasons for such
determination, including how establishing a program under
this subsection would or would not further each of the
purposes described in paragraph (1)(A).
(c) Protocols, Qualifications, and Activities.--
(1) Widely accepted protocols and qualifications.--After
providing public notice and at least a 60-day period for
public comment, but not later than 90 days after the date on
which the Program is established, the Secretary shall
publish--
(A) a list of, and documents relating to, widely accepted
protocols that are designed to ensure consistency,
reliability, effectiveness, efficiency, and transparency of
voluntary environmental credit markets, including protocol
documents and details relating to--
(i) calculations;
(ii) sampling methodologies;
(iii) voluntary environmental credit accounting principles;
(iv) systems for verification, monitoring, measurement, and
reporting; and
(v) methods to account for additionality, permanence,
leakage, and, where appropriate, avoidance of double
counting; and
(B) descriptions of widely accepted qualifications
possessed by covered entities that provide technical
assistance to farmers, ranchers, and private forest
landowners.
(2) Activities.--A covered entity may register under the
Program with respect to technical assistance or process
verification the covered entity carries out for activities
that prevent, reduce, or mitigate greenhouse gas emissions,
including--
(A) land or soil carbon sequestration;
(B) emissions reductions derived from fuel choice or
reduced fuel use;
(C) livestock emissions reductions, including emissions
reductions achieved through--
(i) feeds, feed additives, and the use of byproducts as
feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions reductions;
(G) reforestation;
(H) forest management, including improving harvesting
practices and thinning diseased trees;
(I) prevention of the conversion of forests, grasslands,
and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed grazing;
(L) current practices associated with private land
conservation programs administered by the Secretary; and
(M) such other activities, or combinations of activities,
that the Secretary, in consultation with the Advisory
Council, determines to be appropriate.
(3) Inclusions.--In publishing the list of widely accepted
protocols and the descriptions of widely accepted
qualifications under paragraph (1), the Secretary, in
consultation with the Advisory Council, shall include all
relevant information relating to market-based protocols, as
appropriate, with regard to--
(A) quantification;
(B) verification;
(C) additionality;
(D) permanence;
(E) reporting; and
(F) other expertise, as determined by the Secretary.
(4) Periodic review.--As appropriate, the Secretary shall
periodically review and revise the list and descriptions
published under paragraph (1) to include any additional
protocols or qualifications described in paragraph (3).
(d) Registration, Website, and Publication of Lists.--
(1) Registration list.--
(A) In general.--Not later than 1 year after establishing
the Program, the Secretary shall publish, through a website
maintained by the Secretary, a registration list consisting
of a list of covered entities that have submitted information
to the Secretary, which list the Secretary shall regularly
update.
(B) Registration.--A covered entity may register under the
Program to be included on the registration list by submitting
to the Secretary, through a website maintained by the
Secretary, information that--
(i) shall include--
(I) the region in which the covered entity provides its
services;
(II) whether the covered entity is a technical assistance
provider or a verifier; and
(III) the protocols in which the covered entity has
proficiency; and
(ii) may include additional information that--
(I) has been identified by the Advisory Council in its
initial assessment under subsection (g)(1) to ensure
certainty for producers in the marketplace for agriculture or
forestry credits; and
(II) the Secretary determines is appropriate for inclusion.
(2) Website and solicitation.--During the 180-day period
beginning on the date on which the Program is established,
the Secretary shall publish, through an existing website
maintained by the Secretary--
(A) information describing how covered entities may
register under the Program in accordance with paragraph (1);
(B) a list of the widely accepted protocols and
qualifications published by the Secretary under subsection
(c)(1); and
(C) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating the
development of agriculture or forestry credits and accessing
voluntary environmental credit markets, including--
(i) through working with covered entities registered under
the Program; and
(ii) by providing information relating to programs,
registries, and protocols of programs and registries that
provide market-based participation opportunities for working
and conservation agricultural and forestry lands.
(3) Programmatic integrity.--The Secretary shall ensure, to
the maximum extent practicable, that covered entities
registered under the Program--
(A) act in good faith to provide realistic estimates of
costs and revenues relating to activities and verification of
processes described in subsection (c)(2), as applicable to
the covered entity; and
(B) demonstrate expertise in, and are able to perform in
accordance with, best management practices for agricultural
and forestry activities that prevent, reduce, or mitigate
greenhouse gas emissions (including through the sequestration
of carbon).
(4) Removal from registration list.--
(A) In general.--
(i) Removal.--The Secretary shall remove a covered entity
from the registration list under the Program if the Secretary
determines that the covered entity has not acted in
accordance with--
(I) the information provided by the entity under paragraph
(1)(B); or
(II) best management practices for agricultural and
forestry activities that prevent, reduce, or mitigate
greenhouse gas emissions (including through the sequestration
of carbon).
(ii) Determination.--The Secretary may make a determination
under clause (i)--
(I) based on a periodic review of a representative sample
of covered entities, which shall occur not less frequently
than once each year; or
(II) as necessary.
(B) Appeal of removal.--
(i) In general.--A covered entity that has been removed
from the registration list pursuant to subparagraph (A) may
appeal the determination to the Secretary.
(ii) Re-registration.--A covered entity that appeals a
determination under clause (i) may re-register under the
Program if the covered entity successfully proves, as
determined by the Secretary, that the covered entity has
acted in accordance with, as applicable--
(I) the information provided by the entity under paragraph
(1)(B); and
(II) best management practices for agricultural and
forestry activities that prevent, reduce, or mitigate
greenhouse gas emissions (including through the sequestration
of carbon).
(C) Notification.--If the Secretary removes a covered
entity from the registration list pursuant to subparagraph
(A), to the extent practicable, the Secretary shall--
[[Page H10477]]
(i) request from that covered entity contact information
for all farmers, ranchers, and private forest landowners to
which the covered entity provided technical assistance or the
verification of the processes described in protocols of
voluntary environmental credit markets; and
(ii) notify those farmers, ranchers, and private forest
landowners of the removal.
(5) Savings clause.--Nothing in this section authorizes the
Secretary to compel a farmer, rancher, or private forest
landowner to participate in a transaction or project
facilitated by a covered entity certified under paragraph
(1).
(e) Submission of Fraudulent Information or Claims.--
(1) In general.--A person or entity, regardless of whether
the person or entity is registered under the Program, shall
not make a fraudulent submission under subsection (d) or make
a fraudulent claim regarding the presence of that person or
entity on the registration list published under such
subsection.
(2) Penalty.--Any person or entity that violates paragraph
(1) shall be--
(A) subject to a civil penalty equal to such amount as the
Secretary determines to be appropriate, not to exceed $1,000
per violation; and
(B) ineligible to register under the Program for the 5-year
period beginning on the date of the violation.
(f) Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the
date on which the Program is established, the Secretary shall
establish an advisory council, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Program Advisory Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be composed of
members appointed by the Secretary in accordance with this
paragraph.
(B) General representation.--The Advisory Council shall--
(i) be broadly representative of the agriculture and
private forest sectors;
(ii) include beginning, socially disadvantaged, limited
resource, and veteran farmers, ranchers, and private forest
landowners; and
(iii) be composed of not less than 51 percent farmers,
ranchers, or private forest landowners.
(C) Members.--Members appointed under subparagraph (A)
shall include--
(i) not more than 2 representatives of the Department of
Agriculture, as determined by the Secretary;
(ii) not more than 1 representative of the Environmental
Protection Agency, as determined by the Administrator of the
Environmental Protection Agency;
(iii) not more than 1 representative of the National
Institute of Standards and Technology;
(iv) not fewer than 12 representatives of the agriculture
industry, appointed in a manner that is broadly
representative of the agriculture sector, including not fewer
than 6 active farmers and ranchers;
(v) not fewer than 4 representatives of private forest
landowners or the forestry and forest products industry
appointed in a manner that is broadly representative of the
private forest sector;
(vi) not more than 4 representatives of the relevant
scientific research community, including not fewer than 2
representatives from land-grant colleges and universities (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)), of which 1 shall be a representative of a
college or university eligible to receive funds under the Act
of August 30, 1890 (commonly known as the ``Second Morrill
Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.),
including Tuskegee University;
(vii) not more than 2 experts or professionals familiar
with voluntary environmental credit markets and the
verification requirements in those markets;
(viii) not more than 3 members of nongovernmental or civil
society organizations with relevant expertise, of which not
fewer than 1 shall represent the interests of socially
disadvantaged groups;
(ix) not more than 3 members of private sector entities or
organizations that participate in voluntary environmental
credit markets; and
(x) any other individual whom the Secretary determines to
be necessary to ensure that the Advisory Council is composed
of a diverse group of representatives of industry, academia,
independent researchers, and public and private entities.
(D) Chair.--The Secretary shall designate a member of the
Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of the Advisory
Council shall be 2 years, except that, of the members first
appointed--
(I) not fewer than 8 members shall serve for a term of 1
year;
(II) not fewer than 12 members shall serve for a term of 2
years; and
(III) not fewer than 12 members shall serve for a term of 3
years.
(ii) Additional terms.--After the initial term of a member
of the Advisory Council, including the members first
appointed, the member may serve not more than 4 additional 2-
year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not less
frequently than annually, at the call of the Chair.
(B) Initial meeting.--During the 90-day period beginning on
the date on which the members are appointed under paragraph
(2)(A), the Advisory Council shall hold an initial meeting.
(4) General duties.--The Advisory Council shall--
(A) periodically review and recommend any appropriate
changes to--
(i) the list of protocols and description of qualifications
published by the Secretary under subsection (c)(1); and
(ii) the activities described in subsection (c)(1)(B);
(B) make recommendations to the Secretary regarding the
best practices that should be included in the protocols,
description of qualifications, and activities described in
subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary environmental
credit markets to quantify and verify the prevention,
reduction, or mitigation of greenhouse gas emissions
(including the sequestration of carbon);
(ii) means to reduce barriers to entry in the business of
providing technical assistance or the verification of the
processes described in protocols of voluntary environmental
credit markets for covered entities, including by improving
technical assistance provided by the Secretary;
(iii) means to reduce compliance and verification costs for
farmers, ranchers, and private forest landowners in entering
voluntary environmental credit markets, including through
mechanisms and processes to aggregate the value of activities
across land ownership;
(iv) issues relating to land and asset ownership in light
of evolving voluntary environmental credit markets; and
(v) additional means to reduce barriers to entry in
voluntary environmental credit markets for farmers, ranchers,
and private forest landowners, particularly for beginning,
socially disadvantaged, limited resource, and veteran
farmers, ranchers, and private forest landowners.
(5) Compensation.--The members of the Advisory Council
shall serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any
member of the Advisory Council from--
(A) engaging in any determinations or activities of the
Advisory Council that may result in the favoring of, or a
direct and predictable effect on--
(i) the member or a family member, as determined by the
Secretary;
(ii) stock owned by the member or a family member, as
determined by the Secretary; or
(iii) the employer of, or a business owned in whole or in
part by, the member or a family member, as determined by the
Secretary; or
(B) providing advice or recommendations regarding, or
otherwise participating in, matters of the Advisory Council
that--
(i) constitute a conflict of interest under section 208 of
title 18, United States Code; or
(ii) may call into question the integrity of the Advisory
Council, the Program, or the technical assistance or
verification activities described under subsection (c)(2).
(7) FACA applicability.--The Advisory Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.), except that section 14(a)(2) of that Act shall not
apply.
(g) Assessment.--
(1) Initial assessment.--Not later than 90 days after the
Advisory Council holds an initial meeting, the Advisory
Council shall submit to the Secretary, the Committee on
Agriculture of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an initial assessment that examines ways to ensure
certainty for farmers, ranchers, or private forest landowners
in the marketplace for agriculture or forestry credits,
including identification of any information that may be
appropriate for entities to provide when registering under
subsection (d)(1)(B).
(2) General assessment.--Not later than 240 days after the
date of enactment of this Act, the Secretary, in consultation
with the Administrator of the Environmental Protection
Agency, shall--
(A) conduct an assessment, which incorporates information
from existing publications and reports of the Department of
Agriculture and other entities with relevant expertise,
regarding--
(i) the number and categories of non-Federal actors in the
nonprofit and for-profit sectors involved in development,
generation, or sale of agriculture or forestry credits in
voluntary environmental credit markets;
(ii) the estimated overall domestic market demand for
agriculture or forestry credits at the end of the preceding
4-calendar year period, and historically, in voluntary
environmental credit markets;
(iii) the total number of agriculture or forestry credits
(measured in metric tons of carbon dioxide equivalent) that
were estimated to be in development, generated, or sold in
market transactions during the preceding 4-calendar year
period, and historically, in voluntary environmental credit
markets;
(iv) the estimated supply and demand of metric tons of
carbon dioxide equivalent of offsets in the global
marketplace for the next 4 years;
(v) the barriers to entry due to compliance and
verification costs described in subsection (f)(4)(C)(iii);
(vi) the state of monitoring and measurement technologies
needed to quantify long-term carbon sequestration in soils
and from other activities to prevent, reduce, or mitigate
greenhouse gas emissions in the agriculture and forestry
sectors;
(vii) means to reduce barriers to entry into voluntary
environmental credit markets for beginning, socially
disadvantaged, limited resource, and veteran farmers,
ranchers, and private forest landowners, and the extent to
which existing protocols of voluntary environmental credit
markets allow for aggregation of projects among farmers,
ranchers, and private forest landowners;
(viii) the extent to which the existing regimes for
generating and selling agriculture or forestry credits (as
the regimes exist at the end of the preceding 4-calendar year
period, and historically), and existing voluntary
environmental credit markets, may be impeded or constricted,
[[Page H10478]]
or achieve greater scale and reach, if the Department of
Agriculture were involved, including involvement in education
described in clause (ix);
(ix) the extent to which Department of Agriculture
education of stakeholders about voluntary environmental
credit markets would benefit those stakeholders, including
whether that education would reduce barriers to entry
identified under clause (v);
(x) the extent to which existing protocols of voluntary
environmental credit markets, including verification,
additionality, permanence, and reporting, adequately take
into consideration and account for factors encountered by the
agriculture and private forest sectors in preventing,
reducing, or mitigating greenhouse gas emissions (including
by sequestering carbon) through agriculture and forestry
practices, considering variances across regions, topography,
soil types, crop or species varieties, and business models;
(xi) the extent to which existing protocols of voluntary
environmental credit markets consider options to ensure the
continued valuation, through discounting or other means, of
agriculture and forestry credits in the case of the practices
underlying those credits being disrupted due to unavoidable
events, including production challenges and natural
disasters; and
(xii) opportunities for other voluntary markets outside of
voluntary environmental credit markets to foster the trading,
buying, or selling of credits that are derived from
activities that provide other ecosystem service benefits,
including activities that improve water quality, water
quantity, wildlife habitat enhancement, and other ecosystem
services, as the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives.
(3) Quadriennial assessment.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency and the Advisory Council, shall conduct the
assessment described in paragraph (2)(A) and publish and
submit such assessment in accordance with subparagraphs (B)
and (C) of paragraph (2) every 4 years after the publication
and submission of the first assessment under subparagraphs
(B) and (C) of paragraph (2).
(h) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the
Secretary, any other officer or employee of the Department of
Agriculture or any agency of the Department of Agriculture,
or any other person may not disclose to the public the
information held by the Secretary described in subparagraph
(B).
(B) Information.--
(i) In general.--Except as provided in clause (ii), the
information prohibited from disclosure under subparagraph (A)
is--
(I) personally identifiable information, including in a
contract or service agreement, of a farmer, rancher, or
private forest landowner, obtained by the Secretary under
subsection (d)(4)(C)(i); and
(II) confidential business information in a contract or
service agreement of a farmer, rancher, or private forest
landowner obtained by the Secretary under subsection
(d)(4)(C)(i).
(ii) Aggregated release.--Information described in clause
(i) may be released to the public if the information has been
transformed into a statistical or aggregate form that does
not allow the identification of the person who supplied or is
the subject of the particular information.
(2) Exception.--Paragraph (1) shall not prohibit the
disclosure by an officer or employee of the Federal
Government of information described in paragraph (1)(B) as
otherwise directed by the Secretary or the Attorney General
for enforcement purposes.
(i) Funding.--
(1) Authorization of appropriations.--In addition to the
amount made available under paragraph (2), there is
authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 2023 through 2027.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of the
unobligated balance of amounts made available by section 1003
of the American Rescue Plan Act of 2021 (Public Law 117-2).
(B) Appropriation.--If such unobligated amounts are
available to execute the rescission under subparagraph (A),
on the day after the execution of the rescission, there is
appropriated to the Secretary, out of amounts in the Treasury
not otherwise appropriated, $4,100,000 to carry out this
section to remain available for fiscal years 2023 through
2027.
(3) Prohibition.--None of the funds of the Commodity Credit
Corporation shall be used to carry out this section.
(j) Rule of Construction.--Nothing in this section shall be
construed to provide authority to the Secretary for the
establishment or operation of a Federal market through which
agriculture or forestry credits may be bought or sold.
SEC. 202. ACCEPTANCE AND USE OF PRIVATE FUNDS FOR PUBLIC-
PRIVATE PARTNERSHIPS.
Section 1241(f) of the Food Security Act of 1985 (16 U.S.C.
3841(f)) is amended--
(1) in the subsection heading, by inserting ``for Public-
Private Partnerships'' after ``Contributions'';
(2) by amending paragraph (1) to read as follows:
``(1) Establishment of public-private partnership
contributions accounts.--The Secretary shall establish the
necessary accounts and process to accept contributions of
private funds for the purposes of addressing the changing
climate, sequestering carbon, improving wildlife habitat,
protecting sources of drinking water, and addressing other
natural resource priorities identified by the Secretary.'';
(3) in paragraph (2), by striking ``a conservation program
administered by the Secretary under subtitle D shall be
deposited into the sub-account'' and inserting ``a covered
program shall be deposited into the account''; and
(4) by adding at the end the following:
``(3) Secretarial authority.--
``(A) In general.--The Secretary may accept under this
subsection contributions of such funds as the Secretary
determines appropriate, taking into consideration--
``(i) the source of the funds to be contributed;
``(ii) the natural resource concerns to be addressed
through the use of the funds;
``(iii) the amount of funds to be contributed;
``(iv) whether the activities proposed to be carried out
using the funds are consistent with the priorities of the
Secretary; and
``(v) any other factors the Secretary determines to be
relevant.
``(B) Determination.--A determination of whether to accept
private funds under this subsection shall be at the sole
discretion of the Secretary.
``(4) Match of contributed funds.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may provide matching Federal funds, and determine
the level of such match, which shall not exceed 75 percent,
for the private funds contributed under this subsection,
subject to the availability of funding for the applicable
covered program.
``(B) Distribution of federal funding for states.--The
Secretary may not provide any matching Federal funds pursuant
to subparagraph (A) in a manner that would result in a
substantial reduction in the historical distribution of
Federal funding to any State for any covered program.
``(C) Limitation.--No funds made available pursuant to
Public Law 117-169 may be used to provide matching Federal
funds pursuant to subparagraph (A).
``(5) Role of contributing entity.--An entity contributing
funds under this subsection may--
``(A) designate the covered program for which the
contributed funds are intended to be used;
``(B) specify the geographic area in which the contributed
funds are intended to be used;
``(C) identify a natural resource concern the contributed
funds are intended to be used to address;
``(D) with respect to an activity funded pursuant to this
subsection that may result in environmental services benefits
to be sold through an environmental services market, subject
to the approval of the Secretary, prescribe the terms for
ownership of the entity's share of such environmental
services benefits resulting from such activity; and
``(E) work with the Secretary to promote the activities
funded pursuant to this subsection.
``(6) Producer participation.--
``(A) Notification.--The Secretary shall establish a
process to provide notice to producers--
``(i) of activities that may be carried out, through a
covered program, pursuant to this section; and
``(ii) any terms prescribed by the contributing entity
under paragraph (5)(D) with respect to such activities.
``(B) Retention of environmental services benefits.--The
Secretary shall not claim or impede any action of a producer
with respect to the environmental services benefits they
accrue through activities funded pursuant to this subsection.
``(7) Consistency with program requirements.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall ensure that the terms and conditions of
activities carried out using funds contributed under this
subsection are consistent with the requirements of the
applicable covered program.
``(B) Adjustments.--
``(i) In general.--The Secretary may, if the Secretary
determines necessary, adjust a regulatory requirement of a
covered program, or related guidance, as it applies to an
activity carried out using funds contributed under this
subsection--
``(I) to provide a simplified process; or
``(II) to better reflect unique local circumstances and to
address a specific priority of the contributing entity.
``(ii) Limitation.--The Secretary shall not adjust the
application of statutory requirements for a covered program,
including requirements governing appeals, payment limits, and
conservation compliance.
``(8) Report.--Not later than December 31, 2024, and each
year thereafter through December 31, 2031, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that contains--
``(A) the name and a description of each entity
contributing private funds under this subsection that took an
action under paragraph (5), and a description of each such
action;
``(B) the name and a description of each entity
contributing private funds under this subsection for which
the Secretary has provided matching Federal funds, and the
level of that match, including the amount of such matching
Federal funds; and
``(C) the total amounts of--
``(i) private funds contributed under this subsection; and
``(ii) matching Federal funds provided by the Secretary
under paragraph (4).
``(9) Covered program defined.--In this subsection, the
term `covered program' means a program carried out by the
Secretary under--
[[Page H10479]]
``(A) subtitle D (except for subchapter B of such
subtitle), subtitle H, or subtitle I;
``(B) section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203);
``(C) title V of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6571 et seq.); or
``(D) the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001 et seq.), except for any program established by
the Secretary to carry out section 14 of such Act (16 U.S.C.
1012).
``(10) Duration of authority.--The authority of the
Secretary under this subsection shall expire, with respect to
each covered program, on the date on which the authority of
the covered program expires.''.
TITLE II--COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM
SEC. 301. IN GENERAL.
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat.
2133) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Additional transfers.--In addition to amounts
transferred under paragraph (1), the Commission may transfer
up to $10,000,000 from the Fund into the account.'';
(3) in paragraph (3) (as so redesignated)--
(A) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (2)''; and
(B) by striking ``until'' and all that follows through the
period at the end and inserting ``until October 1, 2024.'';
and
(4) in paragraph (4) (as so redesignated), by striking
``on'' and all that follows through ``shall'' and inserting
``on October 1, 2024, shall''.
TITLE III--FORESTRY
SEC. 401. MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE
HEALTHY FORESTS RESERVE PROGRAM.
Section 502 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6572) is amended by adding at the end the
following:
``(g) Easement Modification or Termination.--
``(1) In general.--The Secretary may modify or terminate an
easement or other interest in land administered by the
Secretary under this title if--
``(A) the owner of the land agrees to the modification or
termination; and
``(B) the Secretary determines that the modification or
termination--
``(i) will address a compelling public need for which there
is no practicable alternative; and
``(ii) is in the public interest.
``(2) Consideration; conditions.--
``(A) Termination.--As consideration for termination of an
easement or other interest in land under this subsection, the
Secretary shall enter into a compensatory arrangement, as the
Secretary determines to be appropriate.
``(B) Modification.--In the case of a modification of an
easement or other interest in land under this subsection--
``(i) as a condition of the modification, the owner of the
land shall enter into a compensatory arrangement, as the
Secretary determines to be appropriate, to incur the costs of
modification; and
``(ii) the Secretary shall ensure that--
``(I) the modification will not adversely affect the forest
ecosystem functions and values for which the easement or
other interest in land was acquired;
``(II) any adverse impacts will be mitigated by enrollment
and restoration of other land that provides greater forest
ecosystem functions and values at no additional cost to the
Federal Government; and
``(III) the modification will result in equal or greater
environmental and economic values to the United States.''.
TITLE IV--NUTRITION
SEC. 501. EBT BENEFIT FRAUD PREVENTION.
(a) Guidance; Rulemaking.--The Secretary shall--
(1) issue guidance to State agencies, on an ongoing basis,
as informed by the process outlined in paragraph (4), that
describes security measures that--
(A) are effective, as determined by the Secretary, in
detecting and preventing theft of benefits, including through
card skimming, card cloning, and other similar fraudulent
methods;
(B) are consistent with industry standards for detecting,
identifying, and preventing debit and credit card skimming,
card cloning, and other similar fraudulent methods; and
(C) consider the feasibility of cost, availability, and
implementation for States;
(2) promulgate regulations through notice-and-comment
rulemaking to require State agencies to take the security
measures described in the guidance issued under paragraph
(1);
(3) not later than December 1, 2023, promulgate regulations
(including an interim final rule) to require State agencies
to implement procedures for the replacement of benefits
consistent with subsection (b);
(4) coordinate with the Administrator of the Administration
for Children and Families of the Department of Health and
Human Services, the Attorney General of the United States,
State agencies, retail food stores, and EBT contractors--
(A) to determine--
(i) how benefits are being stolen through card skimming,
card cloning, and other similar fraudulent methods;
(ii) how those stolen benefits are used; and
(iii) to the maximum extent practicable, the locations
where card skimming, card cloning, and other similar
fraudulent methods are taking place;
(B) to establish measures, including equipment enhancements
for retail food stores, to prevent benefits from being stolen
through card skimming, card cloning, and other similar
fraudulent methods; and
(C) to establish standard reporting methods for States to
collect and share data with the Secretary on the scope of
benefits being stolen through card skimming, card cloning,
and other similar fraudulent methods; and
(5) not later than October 1, 2024, submit to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report that includes--
(A) to the maximum extent practicable, information on the
frequency of theft of benefits and the location of those
thefts, including benefits stolen through card skimming, card
cloning, and other similar fraudulent methods;
(B) a description of the determinations made under
paragraph (4)(A), the measures established under paragraph
(4)(B), and methods established in paragraph (4)(C);
(C) a description of the industry standards described in
paragraph (1)(B); and
(D) recommendations on how to consistently detect, track,
report, and prevent theft of benefits, including benefits
stolen through card skimming, card cloning, and other similar
fraudulent methods.
(b) Replacement of Benefits.--The Secretary shall use funds
appropriated under section 18 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2027) to require States to replace benefits
that are determined by the State agency to have been stolen
through card skimming, card cloning, or similar fraudulent
methods, subject to the conditions that--
(1) the State agency shall submit to the Secretary not
later than 60 days after the date of the enactment of this
Act for prior approval a plan for the replacement of stolen
benefits that--
(A) includes appropriate procedures, as determined by the
Secretary, for the timely submission of claims to, timely
validation of claims by, and replacement issuance by the
State agency that includes--
(i) a signed statement by the affected household on the
benefit theft, consistent with the signature requirements and
options provided by section 11(e)(2)(C) of the Food and
Nutrition Act of 2008, as amended (7 U.S.C. 2020(e)(2)(C));
(ii) criteria to determine if a submitted claim is valid;
(iii) procedures for the documentation of replacement
issuances, including the submitted claims and findings from
the validation;
(iv) the submission of data reports on benefit theft and
replacement activity to the Secretary;
(v) procedures to inform households of their right to a
fair hearing, consistent with those already established by
section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)) and corresponding regulations concerning replacement
issuances; and
(vi) the State agency's use and planned use of benefit
theft prevention measures, including any additional guidance
that may be issued under subsection (a)(1);
(B) includes appropriate procedures, as determined by the
Secretary, for reporting the scope and frequency of card
skimming affecting households within the State to the
Secretary;
(C) upon approval shall be incorporated into the State plan
of operation required under section 11(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)); and
(D) the Secretary may approve after the date on which
guidance is issued under subsection (a)(1);
(2) the replacement of stolen benefits for a household--
(A) shall not exceed the lesser of--
(i) the amount of benefits stolen from the household; or
(ii) the amount equal to 2 months of the monthly allotment
of the household immediately prior to the date on which the
benefits were stolen;
(B) shall not occur more than 2 times per Federal fiscal
year per household by a single State agency; and
(C) shall only apply to benefits stolen during the period
beginning on October 1, 2022, and ending on September 30,
2024;
(3) plans approved under paragraph (1) will remain in
effect until the effective date of the rule promulgated
pursuant to subsection (a)(3); and
(4) replacements of benefits under this section shall not
be regarded as losses for the purpose of section 7(e) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2016(e)) to the
extent such replacements are made in accordance with an
approved plan that complies with this subsection.
(c) Definitions.--In this section, the terms ``allotment'',
``benefit'', ``household'', ``retail food store'', and
``State agency'' have the meaning given those terms in
section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012).
(d) Rescission.--Of the unobligated balances made available
for the Supplemental Nutrition Assistance Program as
authorized by section 1101(b)(1) of the American Rescue Plan
Act of 2021 (Public Law 117-2), $8,000,000 is hereby
rescinded.
SEC. 502. INCREASING ACCESS TO SUMMER MEALS FOR CHILDREN
THROUGH EBT AND ALTERNATIVE DELIVERY OPTIONS.
(a) Agreements.--Section 12(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1760(b)) is amended--
(1) by inserting ``and Indian Tribal organizations'' after
``State agencies'' each place it appears; and
(2) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ``and Indian Tribal organization'' before
``budget''.
(b) Noncongregate Meals.--Section 13 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761) is
amended--
(1) in subsection (a), by adding at the end the following:
``(13) Noncongregate meals.--
``(A) In general.--Beginning not later than summer 2023,
the Secretary shall make available
[[Page H10480]]
an option to States to provide program meals under this
section for noncongregate consumption in a rural area with no
congregate meal service, as determined by the Secretary.
``(B) Summer 2023.--Notwithstanding any other provision in
this paragraph, for summer 2023, the Secretary may allow
States to use implementation models developed by the
Secretary for demonstration projects carried out under
section 749(g) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2010 (Public Law 111-80; 123 Stat. 2132), to carry out
subparagraph (A).
``(C) Eligibility determination.--In administering this
paragraph, the Secretary shall ensure that noncongregate
meals are only available for a child--
``(i) in an area in which poor economic conditions exist;
and
``(ii) in an area that is not an area in which poor
economic conditions exist, if the child is determined to be
eligible for a free or reduced price lunch under this Act or
a free or reduced price breakfast under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773).
``(D) Priorities.--
``(i) In general.--States shall--
``(I) identify areas with no congregate meal service that
could benefit the most from the provision of noncongregate
meals; and
``(II) encourage participating service institutions in
those areas to provide noncongregate meals as appropriate.
``(ii) Areas.--Areas identified under clause (i) may
include areas that are not areas in which poor economic
conditions exist but that have children who are determined to
be eligible for free or reduced price lunch under this Act or
free or reduced price breakfast under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
``(E) Administration.--In administering this paragraph, the
Secretary shall ensure that--
``(i) any meal served for noncongregate consumption--
``(I) meets all applicable State and local health, safety,
and sanitation standards; and
``(II) meets the requirements under subsection (f)(1);
``(ii) over a 10-day calendar period, the number of
reimbursable meals provided to a child does not exceed the
number of meals that could be provided over a 10-day calendar
period, as established under subsection (b)(2); and
``(iii) States establish a process for identifying gaps in
service and barriers in reaching needy children for
congregate and noncongregate models.
``(F) Regulations.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations (which shall include interim final regulations)
to carry out this section, including provisions--
``(i) to ensure the integrity of the alternative option for
program delivery described in subparagraph (A); and
``(ii) to incorporate best practices and lessons learned
from noncongregate demonstration projects under section
749(g) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2010
(Public Law 111-80; 123 Stat. 2132).''; and
(2) in subsection (n)--
(A) by striking ``by January 1 of each year of its intent
to administer the program and shall submit for approval by
February 15'' and inserting ``of its intent to administer the
program and shall submit for approval by April 1, 2023,'';
(B) by striking ``(1)'' and inserting ``(A)'';
(C) by striking ``(2)'' and inserting ``(B)'';
(D) by striking ``(3)'' and inserting ``(C)'';
(E) by striking ``(4)'' and inserting ``(D)'';
(F) by striking ``(5)'' and inserting ``(E)'';
(G) by striking ``and (6)'' and inserting ``(F)'';
(H) by striking the period at the end and inserting ``; and
(G) the State's plan for using the alternative option for
program delivery described in subsection (a)(13), if
applicable, including plans to provide a reasonable
opportunity to access meals across all areas of the State.'';
(I) by striking the subsection designation and all that
follows through ``Each State'' and inserting the following:
``(n) Management and Administration State Plans.--
``(1) Summer 2023.--Each State''; and
(J) by adding at the end the following:
``(2) Summer 2024 and beyond.--Beginning in 2024, each
State desiring to participate in the program under this
section or in the summer EBT program under section 13A shall
notify the Secretary by January 1 of each year of its intent
to administer the applicable program and shall submit for
approval by February 15 a management and administration plan
for the applicable program for the fiscal year, which shall
include, as applicable--
``(A) the requirements listed in subparagraphs (A) through
(G) of paragraph (1);
``(B) the administrative budget of the State for
administering the summer EBT program under section 13A;
``(C) the State's plan to comply with the State
requirements in section 13A(c) and any other standards
prescribed by the Secretary under section 13A;
``(D) the State's plan to identify areas with no congregate
meal service;
``(E) the State's plan to target priority areas identified
under subsection (a)(13)(D)(i)(I); and
``(F) the State's plan to ensure that summer EBT benefits
(as described in section 13A(a)) are issued to children based
on their school attendance at the end of the instructional
year immediately preceding such summer.''.
(c) Summer EBT.--The Richard B. Russell National School
Lunch Act is amended by inserting after section 13 (42 U.S.C.
1761) the following:
``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
PROGRAM.
``(a) Program Established.--The Secretary shall establish a
program under which States and covered Indian Tribal
organizations electing to participate in such program shall,
beginning with summer 2024 and annually for each summer
thereafter, issue to each eligible household summer
electronic benefit transfer benefits (referred to in this
section as `summer EBT benefits')--
``(1) in accordance with this section; and
``(2) for the purpose of providing nutrition assistance
through electronic benefit transfer or methods described in
clauses (ii) and (iii) of subsection (b)(2)(B) during the
summer months for each eligible child, to ensure continued
access to food when school is not in session for the summer.
``(b) Summer EBT Benefits Requirements.--
``(1) Purchase options.--
``(A) Benefits issued by states.--Summer EBT benefits
issued pursuant to subsection (a) by a State may only be used
by the eligible household that receives such summer EBT
benefits to purchase food (as defined in section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012)) from retail
food stores that have been approved for participation in the
supplemental nutrition assistance program established under
such Act and in accordance with section 7(b) of such Act (7
U.S.C. 2016(b)) or in the nutrition assistance program in
American Samoa, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
``(B) Benefits issued by covered indian tribal
organizations.--Summer EBT benefits issued pursuant to
subsection (a) by a covered Indian Tribal organization may
only be used by the eligible household that receives such
summer EBT benefits to purchase supplemental foods from
vendors that have been approved for participation in the
special supplemental nutrition program for women, infants,
and children under section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786).
``(2) Amount.--Summer EBT benefits issued pursuant to
subsection (a)--
``(A) shall be--
``(i) for calendar year 2024, in an amount equal to $40,
which may be proportionately higher consistent with the
adjustments established under section 12(f) for each eligible
child in the eligible household per month during the summer
operational period; and
``(ii) for calendar year 2025 and each year thereafter, in
an amount equal to the unrounded benefit amount from the
prior year, adjusted to the nearest lower dollar increment to
reflect changes to the cost of the diet described in section
3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u))
for the 12-month period ending on November 30 of the
preceding calendar year and rounded to the nearest lower
dollar increment; and
``(B) may be issued--
``(i) in the form of an EBT card;
``(ii) through other electronic methods, as determined by
the Secretary; or
``(iii) in the case of a State that does not issue
nutrition assistance program benefits electronically, using
the same methods by which that State issues benefits under
the nutrition assistance program of that State.
``(3) Enforcement.--Summer EBT benefits issued pursuant to
subsection (a) shall--
``(A) be subject to sections 12, 14, and 15 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2021, 2023, 2024) and
subsections (n), (o), and (p) of section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), as applicable; and
``(B) to the maximum extent practicable, incorporate
technology tools consistent with industry standards that
track or prevent theft of benefits, cloning, or other
fraudulent activities.
``(4) Timing.--
``(A) In general.--Except as provided in subparagraph (B),
summer EBT benefits issued pursuant to subsection (a) may
only be issued for the purpose of purchasing food during the
summer months, with appropriate issuance and expungement
timelines as determined by the Secretary (but with an
expungement timeline not to exceed 4 months).
``(B) Continuous school calendar.--In the case of children
who are under a continuous school calendar, the Secretary
shall establish alternative plans for the period during which
summer EBT benefits may be issued pursuant to subsection (a)
and used.
``(c) Enrollment in Program.--
``(1) State requirements.--States that elect to participate
in the program under this section shall--
``(A) with respect to summer, automatically enroll each
eligible child who is directly certified, is an identified
student (as defined in section 11(a)(1)(F)(i)), or is
otherwise determined by a school food authority to be
eligible to receive free or reduced price meals in the
instructional year immediately preceding the summer or during
the summer operational period in the program under this
section, without further application from households;
``(B) make an application available for children who do not
meet the criteria described in subparagraph (A) and make
eligibility determinations using the eligibility criteria for
free or reduced price lunches under this Act;
``(C) establish procedures to carry out the enrollment
described in subparagraph (A);
``(D) establish procedures for expunging summer EBT
benefits from the account of a household, consistent with the
requirements under subsection (b)(4); and
``(E) allow eligible households to opt out of participation
in the program under this section and establish procedures
for opting out of such participation.
``(2) Covered indian tribal organization requirements.--
Covered Indian Tribal organizations participating in the
program under this
[[Page H10481]]
section shall, to the maximum extent practicable, meet the
requirements under paragraph (1).
``(d) Administrative Expenses.--The Secretary shall pay to
each State agency and covered Indian Tribal organization an
amount equal to 50 percent of the administrative expenses
incurred by the State agency or covered Indian Tribal
organization in operating the program under this section,
including the administrative expenses of local educational
agencies and other agencies in each State or covered Indian
Tribal organization relating to the operation of the program
under this section.
``(e) Summer EBT Authority.--Beginning in summer 2024, the
Secretary shall not allow States to use the authority in
section 749(g) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2010 (Public Law 111-80; 123 Stat. 2132), to provide
access to food through electronic benefit transfer benefits
to children during the summer months when schools are not in
regular session.
``(f) Issuance of Interim Final Regulations.--Not later
than 1 year after the date of enactment of this section, the
Secretary shall promulgate regulations (which shall include
interim final regulations) to carry out this section,
including provisions that--
``(1) incorporate best practices and lessons learned from
demonstration projects under--
``(A) section 749(g) of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80; 123 Stat. 2132);
and
``(B) the pandemic EBT program under section 1101 of the
Families First Coronavirus Response Act (7 U.S.C. 2011 note;
Public Law 116-127);
``(2) ensure timely and fair service to applicants for and
recipients of benefits under this section;
``(3) establish quality assurance and program integrity
procedures to ensure that States and local educational
agencies have adequate processes--
``(A) to correctly determine the eligibility of children
for benefits under this section; and
``(B) to reliably enroll and issue benefits to eligible
children; and
``(4) allow States and covered Indian Tribal organizations
to streamline program administration, including by--
``(A) automatically enrolling each eligible child who is
able to be directly certified; and
``(B) establishing a single summer operational period.
``(g) Administrative and Management Plan.--Beginning in
2024, each State desiring to participate in the program under
this section shall comply with the requirements under section
13(n).
``(h) Definitions.--In this section:
``(1) Covered indian tribal organization.--The term
`covered Indian Tribal organization' means an Indian Tribal
organization that participates in the special supplemental
nutrition program for women, infants, and children
established under section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786).
``(2) Eligible child.--The term `eligible child' means,
with respect to a summer, a child who--
``(A) was, at the end of the instructional year immediately
preceding such summer or during the summer operational
period--
``(i) certified to receive free or reduced price lunch
under the school lunch program under this Act;
``(ii) certified to receive free or reduced price breakfast
under the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773); or
``(iii) able to be directly certified;
``(B) was, at the end of the instructional year immediately
preceding such summer--
``(i) enrolled in a school described in subparagraph (B),
(C), (D), (E), or (F) of section 11(a)(1); and
``(ii)(I) an identified student (as defined in section
11(a)(1)(F)(i)); or
``(II) a child who otherwise met the requirements to
receive free or reduced price meals, as determined through an
application process using the eligibility criteria for free
or reduced price meals under this Act; or
``(C) has been determined to be eligible for the program
under this section in accordance with subsection (c)(1)(B).
``(3) Eligible household.--The term `eligible household'
means a household that includes at least 1 eligible child.
``(4) Supplemental foods.--The term `supplemental foods'--
``(A) means foods--
``(i) containing nutrients determined by nutritional
research to be lacking in the diets of children; and
``(ii) that promote the health of the population served by
the program under this section, as indicated by relevant
nutrition science, public health concerns, and cultural
eating patterns, as determined by the Secretary; and
``(B) includes foods not described in subparagraph (A)
substituted by State agencies, with the approval of the
Secretary, that--
``(i) provide the nutritional equivalent of foods described
in such subparagraph; and
``(ii) allow for different cultural eating patterns than
foods described in such subparagraph.''.
(d) Amendments to P-EBT for Summer 2023.--Section 1101(i)
of the Families First Coronavirus Response Act (7 U.S.C. 2011
note; Public Law 116-127) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(2) in paragraph (1) (as so designated), by inserting
``approve or'' after ``may''; and
(3) by adding at the end the following:
``(2) Limitation.--A State shall not provide benefits
during a covered summer period pursuant to paragraph (1) to
children who, at the end of the school year immediately
preceding the covered summer period, attended a school that
did not participate in the school lunch program or school
breakfast program described in that paragraph.
``(3) Other assistance not required.--A State shall not be
required to provide assistance under subsection (a) or (h) in
order to provide assistance under this subsection.''.
(e) No Duplication of Summer Benefits.--A State may not
provide to a household summer EBT benefits (as described in
section 13A(a) of the Richard B. Russell National School
Lunch Act) under that section and benefits under section
1101(i) of the Families First Coronavirus Response Act (7
U.S.C. 2011 note; Public Law 116-127) for the same period.
SEC. 503. OFFSETS.
(a) Summer 2023.--Section 1101(i) of the Families First
Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116-
127) (as amended by section 502(d)) is amended by adding at
the end the following:
``(4) Summer 2023.--Any benefits issued to households
during a covered summer period pursuant to paragraph (1) in
summer 2023 shall not exceed $120 per child for the covered
summer period, except that benefits may be proportionately
higher consistent with any adjustments established under
section 12(f) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(f)).''.
(b) Allotments.--Section 2302 of the Families First
Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116-
127) is amended by adding at the end the following:
``(d) Sunset.--The authority under subsection (a)(1) shall
expire after the issuance of February 2023 benefits under
that subsection.''.
TITLE V--OTHER MATTERS
SEC. 601. SUPPORT FOR COTTON MERCHANDISERS.
(a) Cotton Merchandiser Pandemic Assistance.--
(1) Pandemic assistance payments to cotton merchandisers.--
The Secretary shall make pandemic assistance payments, under
terms and conditions as determined by the Secretary, to
cotton merchandisers that purchased cotton from a United
States cotton producer or marketed cotton on behalf of a
United States cotton producer during the period that begins
on March 1, 2020, and ends on the date of enactment of this
Act.
(2) Payment determinations.--The Secretary shall take into
consideration economic impacts of COVID-19 and other supply
chain disruptions in determining payment rates under this
subsection, such that the amounts made available under
paragraph (4)(A) are fully expended no later than 1 year
after the date of enactment of this section.
(3) Cotton merchandiser defined.--In this subsection, the
term ``cotton merchandiser'' means an entity that markets,
sells, or trades cotton to end users.
(4) Funding limitations.--
(A) In general.--Of the funds made available under
subsection (b), the Secretary shall make available
$100,000,000 to carry out this subsection.
(B) Administrative expenses.--The Secretary may use not
more than 1 percent of the funds under subparagraph (A) for
administrative costs necessary to carry out this subsection.
(b) Funding.--The Secretary shall make available
$100,000,000 to be derived from the unobligated balances of
amounts made available under section 751 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) to
carry out subsection (a).
SEC. 602. ASSISTANCE FOR RICE PRODUCERS.
(a) In General.--The Secretary shall make a 1-time payment
to each producer of rice on a farm in the United States with
respect to the 2022 crop year.
(b) Payment Amount.--In accordance with the amount made
available under subsection (e), the amount of a payment to a
rice producer on a farm under subsection (a) shall be equal
to the product obtained by multiplying--
(1) the payment rate per pound, as determined by the
Secretary, but which shall be--
(A) the same for all varieties of rice;
(B) not less than 2 cents per pound; and
(C) notwithstanding subparagraph (B), adjusted by the
Secretary such that the amount made available under
subsection (e) is fully expended;
(2)(A) in the case of a producer with an average actual
production history per planted acre of rice determined in
accordance with subparagraphs (A), (B), and (E) of section
508(g)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(g)(2)), that average actual production history; or
(B) in the case of a producer without an average actual
production history described in subparagraph (A)--
(i) if an area yield for the 2022 crop year determined in
accordance with subparagraphs (C) and (E) of that section is
available, that area yield; or
(ii) if an area yield described in clause (i) is not
available, the yield determined by the Secretary; and
(3) the sum obtained by adding, as applicable--
(A) the number of certified planted acres of rice on the
farm for the 2022 crop year, as reported to the Secretary;
and
(B) the number of certified acres of rice prevented from
being planted on the farm for the 2022 crop year, as reported
to the Secretary, multiplied by the prevented planting
coverage factor applicable to those acres.
(c) Limitations.--
(1) In general.--In carrying out this section, the
Secretary shall impose payment limitations consistent with
section 760.1507(b) of title 7, Code of Federal Regulations
(as in effect on September 30, 2021).
[[Page H10482]]
(2) Separate limitations.--The payment limitations imposed
under paragraph (1) shall be separate from annual payment
limitations under any other program.
(d) Deadline.--The Secretary shall make payments under this
section not later than 120 days after the date of enactment
of this Act.
(e) Funding.--
(1) Rescission.--Of the unobligated balance of the amounts
made available by section 751 of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260;
134 Stat. 2105), $250,000,000 is rescinded.
(2) Appropriation.--There is appropriated to the Secretary,
out of any amounts in the Treasury not otherwise
appropriated, $250,000,000 to carry out this section.
SEC. 603. ENACTMENT OF CHRONIC WASTING DISEASE RESEARCH AND
MANAGEMENT ACT.
The provisions of H.R. 5608 of the 117th Congress, as
engrossed in the House of Representatives on December 8,
2021, are hereby enacted into law.
TITLE VI--PESTICIDES
Subtitle A--Pesticide Registration Improvement Act of 2022
SEC. 701. SHORT TITLE.
This title may be cited as the ``Pesticide Registration
Improvement Act of 2022''.
SEC. 702. BILINGUAL LABELING.
Section 3(f) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at
the end the following:
``(5) Bilingual labeling.--
``(A) Requirement.--
``(i) In general.--Subject to clause (ii), not later than
the applicable deadline described in subparagraph (B), each
registered pesticide product released for shipment shall
include--
``(I) the translation of the parts of the labeling
contained in the Spanish Translation Guide described in
subparagraph (G) on the product container; or
``(II) a link to such translation via scannable technology
or other electronic methods readily accessible on the product
label.
``(ii) Exceptions.--Notwithstanding clause (i)--
``(I) an antimicrobial pesticide product may, in lieu of
including a translation or a link under clause (i), provide a
link to the safety data sheets in Spanish via scannable
technology or other electronic methods readily accessible on
the product label; or
``(II) a non-agricultural pesticide product that is not
classified by the Administrator as restricted use under
subsection (d)(1)(A) may, in lieu of including a translation
or a link under clause (i), provide a link to the safety data
sheets in Spanish via scannable technology or other
electronic methods readily accessible on the product label.
``(B) Deadlines for bilingual labeling.--
``(i) Pesticide products classified as restricted use.--In
the case of pesticide products classified by the
Administrator as restricted use under subsection (d)(1)(A),
the deadline specified in this subparagraph is the date that
is 3 years following the date of enactment of this paragraph.
``(ii) Pesticide products not classified as restricted
use.--In the case of pesticide products not classified by the
Administrator as restricted use under subsection (d)(1)(A),
the deadline specified in this subparagraph shall be as
follows:
``(I) Agricultural.--
``(aa) Acute toxicity category i.--For agricultural
pesticides classified as Acute Toxicity Category I, the date
that is 3 years after the date of enactment of this
paragraph.
``(bb) Acute toxicity category ii.--For agricultural
pesticides classified as Acute Toxicity Category II, the date
that is 5 years after the date of enactment of this
paragraph.
``(II) Antimicrobial and non-agricultural.--
``(aa) Acute toxicity category i.--For antimicrobial and
non-agricultural pesticide products classified as Acute
Toxicity Category I, the date that is 4 years after the date
of enactment of this paragraph.
``(bb) Acute toxicity category ii.--For antimicrobial and
non-agricultural pesticide products classified as Acute
Toxicity Category II, the date that is 6 years after the date
of enactment of this paragraph.
``(III) Other pesticide products.--With respect to
pesticide products not described in subclause (I) or (II),
the date that is 8 years after the date of enactment of this
paragraph.
``(C) Implementation.--
``(i) Non-notification.--
``(I) In general.--In carrying out this paragraph, the
Administrator shall allow translations of the parts of the
label of a pesticide contained in the Spanish Translation
Guide described in subparagraph (G) and scannable technology
or other electronic methods to be added using non-
notification procedures.
``(II) Non-notification procedure defined.--In this clause,
the term `non-notification procedure' refers to a procedure
under which a change may be made to a pesticide label without
notifying the Administrator.
``(ii) Cooperation and consultation.--In carrying out this
paragraph, the Administrator shall cooperate and consult with
State lead agencies for pesticide regulation for the purpose
of implementing bilingual labeling as provided in this
paragraph as expeditiously as possible.
``(iii) End use labeling.--The labeling requirements of
this paragraph shall apply to end use product labels.
``(iv) Incorporation timeframe.--After initial translation
deadlines provided in subparagraph (B), updates to the
Spanish Translation Guide described in subparagraph (G) shall
be incorporated into labeling on the earlier of--
``(I) in the case of agricultural use pesticide labels, as
determined by the Administrator--
``(aa) 1 year after the date of publication of the updated
Spanish Label Translation Guide described in subparagraph
(G); or
``(bb) the released for shipment date specified on the EPA
Stamped Approved Label after the pesticide label is next
changed or amended following the date of publication of the
updated Spanish Label Translation Guide described in
subparagraph (G); and
``(II) in the case of antimicrobial and non-agricultural
use pesticide labels, as determined by the Administrator--
``(aa) 2 years after the date of publication of the updated
Spanish Label Translation Guide described in subparagraph
(G); or
``(bb) the released for shipment date specified on the EPA
Stamped Approved Label after the pesticide label is next
changed or amended following the date of publication of the
updated Spanish Label Translation Guide described in
subparagraph (G).
``(v) Notification of updates to the spanish translation
guide for pesticide labeling.--Not later than 10 days after
updating the Spanish Translation Guide described in
subparagraph (G), the Administrator shall notify registrants
of the update to such guide.
``(D) Accessibility of bilingual labeling for farm
workers.--Not later than 180 days after the date of enactment
of this paragraph, to the maximum extent practicable, the
Administrator shall seek stakeholder input on ways to make
bilingual labeling required under this paragraph accessible
to farm workers.
``(E) Plan.--Not later than 3 years after the date of
enactment of this paragraph, the Administrator shall
implement a plan to ensure that farm workers have access to
the bilingual labeling required under this paragraph.
``(F) Reporting.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall develop
and implement, and make publicly available, a plan for
tracking the adoption of the bilingual labeling required
under this paragraph.
``(G) Spanish translation guide described.--The Spanish
Translation Guide described in this subparagraph is the
Spanish Translation Guide for Pesticide Labeling issued in
October 2019, as in effect on the date of enactment of the
Pesticide Registration Improvement Act of 2022, and any
successor guides or amendments to such guide.''.
SEC. 703. EXTENSION AND MODIFICATION OF MAINTENANCE FEE
AUTHORITY.
(a) Extension and Modification of Maintenance Fee
Authority.--Section 4(i) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``2023'' and inserting
``2022, and $42,000,000 for each of fiscal years 2023 through
2027'';
(B) in subparagraph (D)--
(i) in clause (i), by striking ``2023'' and inserting
``2022, and $172,000 for each of fiscal years 2023 through
2027''; and
(ii) in clause (ii), by striking ``2023'' and inserting
``2022, and $277,200 for each of fiscal years 2023 through
2027'';
(C) in subparagraph (E)(i)--
(i) in subclause (I), by striking ``2023'' and inserting
``2022, and $105,000 for each of fiscal years 2023 through
2027''; and
(ii) in subclause (II), by striking ``2023'' and inserting
``2022, and $184,800 for each of fiscal years 2023 through
2027'';
(D) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (L), (M), and (N);
(E) by inserting after subparagraph (F) the following:
``(G) Farm worker training and education grants.--
``(i) Set-aside.--In addition to amounts otherwise
available, for fiscal years 2023 through 2027, the
Administrator shall use not more than $7,500,000 of the
amounts collected under this paragraph to provide grants to
organizations described in clause (ii) for purposes of
facilitating--
``(I) training of farm workers;
``(II) education of farm workers with respect to--
``(aa) rights of farm workers relating to pesticide safety;
and
``(bb) the worker protection standard under part 170 of
title 40, Code of Federal Regulations (or successor
regulations);
``(III) the development of new informational materials;
``(IV) the development of training modules; and
``(V) the development of innovative methods of delivery of
such informational materials and training modules.
``(ii) Eligibility.--To be eligible to receive a grant
under this subparagraph, an organization shall have
demonstrated experience in--
``(I) providing training and education services for farm
workers or handlers of pesticides; or
``(II) developing informational materials for farm workers
or handlers of pesticides.
``(iii) Community-based organizations.--
``(I) Community-based non-profit farm worker organization
grants.--The Administrator shall use funds available under
clause (i) to provide grants to community-based non-profit
farm worker organizations.
``(II) Application of funds.--The Administrator shall apply
the unspent balance of funds available (up to $1,800,000)
under clause (i) in fiscal years 2025 through 2027 to carry
out subclause (I).
``(iv) Interim funding.--In addition to amounts otherwise
available, the Administrator may use not more than $1,200,000
in fiscal years 2023 and 2024 to fund existing cooperative
agreements that were authorized under section 33(c)(3)(B), as
such section was in effect as of March 8, 2019.
``(v) Partnerships.--Organizations described in clause (ii)
may apply for a grant under this subparagraph as a
partnership with another organization, provided such
organizations, at the
[[Page H10483]]
time of application, have entered into an agreement
designating--
``(I) a member of the partnership that will enter into the
assistance agreement with the Environmental Protection Agency
for the purposes of accountability for the proper expenditure
of Federal funds;
``(II) performance of the assistance agreement;
``(III) liability for claims for recovery of unallowable
costs incurred under the agreement; and
``(IV) specifying roles in performing the proposed scope of
work for the assistance agreement.
``(H) Health care provider training.--
``(i) Set-aside.--In addition to other amounts available,
for the period of fiscal years 2023 through 2027, the
Administrator shall use not more than $2,500,000 of the
amounts collected under this paragraph to provide grants to
nonprofit organizations described in clause (ii) for purposes
of facilitating--
``(I) technical assistance and training of health care
providers relating to the recognition, treatment, and
management of pesticide-related injuries and illnesses;
``(II) the development of informational materials for
technical assistance and training described in subclause (I);
and
``(III) the development of outreach and delivery methods
relating to the recognition, treatment, and management of
pesticide-related illnesses.
``(ii) Eligibility.--To be eligible to receive a grant
under this subparagraph, a nonprofit organization shall have
demonstrated experience in providing technical assistance and
training to health care providers who serve farm worker
populations.
``(iii) Partnerships.--Organizations described in clause
(ii) may apply for a grant under this subparagraph as a
partnership with another organization, provided such
organizations, at the time of application, have entered into
an agreement designating--
``(I) a member of the partnership that will enter into the
assistance agreement with the Environmental Protection Agency
for the purposes of accountability for the proper expenditure
of Federal funds;
``(II) performance of the assistance agreement;
``(III) liability for claims for recovery of unallowable
costs incurred under the agreement; and
``(IV) roles in performing the proposed scope of work for
the assistance agreement.
``(I) Partnership grants.--In addition to funds otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
collected under this paragraph for partnership grants.
``(J) Pesticide safety education program.--In addition to
amounts otherwise available, for each of fiscal years 2023
through 2027, the Administrator shall use not more than
$500,000 of the amounts collected under this paragraph to
carry out the pesticide safety education program.
``(K) Technical assistance to grantees.--
``(i) Set-aside.--In addition to other amounts available,
for fiscal years 2023 through 2027, the Administrator shall
use not more than $1,750,000 of the amounts collected under
this paragraph to provide grants to nonprofit organizations,
subject to such conditions as the Administrator establishes
to prevent conflicts of interest, to provide easily
accessible technical assistance to grantees receiving, and
potential grantees applying for, grants under subparagraphs
(G) and (H).
``(ii) Considerations.--In evaluating requests for grants
under this subparagraph, the Administrator shall consider, at
a minimum, the extent to which--
``(I) the organization applying for the grant has
experience providing technical assistance to farm worker or
clinician-training organizations; and
``(II) the proposed project would make specific technical
assistance available to organizations seeking information and
assistance concerning--
``(aa) the grant application process;
``(bb) the drafting of grant applications; and
``(cc) compliance with grant management and reporting
requirements.
``(iii) No suitable organization.--If no suitable
organization requests a grant under this subparagraph, the
Administrator shall provide technical assistance described in
clause (i) using the amounts made available by that clause.
``(iv) Stakeholder input.--In formulating requests for
proposals for grants under subparagraphs (G) and (H) for a
fiscal year, the Administrator shall solicit and consider, in
an open and transparent manner that does not provide a
competitive advantage to any person or persons, input from
persons who conduct farm worker education and training, or
technical assistance and training of clinicians, regarding
the request for proposals.''; and
(F) in subparagraph (N) (as so redesignated), by striking
``2023'' and inserting ``2027''; and
(2) in paragraph (2)--
(A) by striking ``section 33(b)(3)'' and inserting
``section 33(b)(3)(B)''; and
(B) by striking ``the Pesticide Registration Improvement
Extension Act of 2018 and ending on September 30, 2025'' and
inserting ``the Pesticide Registration Improvement Act of
2022 and ending on September 30, 2029''.
(b) Extension of Prohibition on Tolerance Fees.--Section
408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 346a(m)(3)) is amended by striking ``the Pesticide
Registration Improvement Renewal Act and ending on September
30, 2023'' and inserting ``the Pesticide Registration
Improvement Act of 2022 and ending on September 30, 2027''.
SEC. 704. REREGISTRATION AND EXPEDITED PROCESSING FUND.
Section 4(k) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a-1(k)) is amended--
(1) in paragraph (2)(A), in the first sentence, by
inserting ``including, to the maximum extent practicable,
during periods in which Environmental Protection Agency
employees are on shutdown or emergency furlough as a result
of a lapse in appropriations,'' after ``limitation,'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Review of registrant submissions not covered by
section 33(b)(3)(b).--
``(A) Definition of submission not covered by section
33(b)(3)(b).--In this paragraph, the term `submission not
covered by section 33(b)(3)(B)' means any submission filed by
a registrant with the Administrator relating to a
registration that is not covered by a fee table under section
33(b)(3)(B).
``(B) Set-aside.--
``(i) In general.--In addition to amounts otherwise
available for each of fiscal years 2023 through 2027, the
Administrator shall use approximately \1/8\ of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund for the activities described in
clause (ii).
``(ii) Activities.--In addition to amounts otherwise
available, the Administrator shall use amounts made available
under clause (i) to obtain sufficient personnel and resources
to process submissions not covered by section 33(b)(3)(B) to
meet the applicable deadlines described in--
``(I) the notice of the Administrator entitled `Pesticide
Registration Notice (PR) 98-10: Notifications, Non-
Notifications and Minor Formulation Amendments' and dated
October 22, 1998 (and any successor amendments to such
notice); and
``(II) subsections (c)(3)(B) and (h) of section 3.
``(4) Development of public health performance standards
for antimicrobial pesticide devices.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund for the activities described in
subparagraph (B).
``(B) Antimicrobial pesticide devices.--The Administrator
shall use amounts made available under subparagraph (A) to
develop efficacy test methods for antimicrobial pesticide
devices making public health claims.'';
(3) in paragraph (5)(A), by striking ``2018 through 2023''
and inserting ``2023 through 2027'';
(4) by redesignating paragraphs (6) and (7) as paragraphs
(9) and (10), respectively;
(5) by inserting after paragraph (5) the following:
``(6) Agency training and staff.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund for the activities described in
subparagraph (B).
``(B) Activities.--The Administrator shall use amounts made
available under subparagraph (A) to carry out the following
activities:
``(i) Training for agency employees.--The Administrator
shall administer training and education programs for
employees of the Environmental Protection Agency, relating to
the regulatory responsibilities and policies established by
this Act, including programs--
``(I) for improving the scientific, technical, and
administrative skills of officers and employees authorized to
administer programs under this Act;
``(II) to align competencies identified by the
Administrator for mission accomplishment;
``(III) for addressing best practices for operational
performance and improvement;
``(IV) for improving administrative processes and
procedures and addressing efficiency issues;
``(V) to promote consistent regulatory decision-making; and
``(VI) for educating registrants and regulated stakeholders
on regulatory procedures.
``(ii) Agreements with institutions of higher education.--
Not later than 1 year, to the maximum extent practicable,
after the date of enactment of the Pesticide Registration
Improvement Act of 2022, the Administrator shall establish a
competitive grant program to develop training curricula and
programs in accordance with clause (i) through financial
assistance agreements with 1 or more of the following
institutions of higher education:
``(I) Non-land-grant colleges of agriculture (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
``(II) Land-grant colleges and universities (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
``(III) 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382)).
``(7) Vector expedited review vouchers.--
``(A) Set-aside.--In addition to amounts otherwise
available, for each of fiscal years 2023 through 2027, the
Administrator shall use not more than $500,000 of the amounts
made available to the Administrator in the Reregistration and
Expedited Processing Fund to establish and carry out the
Vector Expedited Review Voucher program in accordance with
subparagraph (B).
``(B) Vector expedited review voucher program.--
``(i) Definitions.--In this subparagraph:
``(I) Program.--The term `program' means the Vector
Expedited Review Voucher program established under clause
(ii).
``(II) Voucher.--The term `voucher' means a voucher--
``(aa) issued under the program by the Administrator to a
pesticide registration applicant that
[[Page H10484]]
entitles the holder to an expedited review described under
clause (vi) of a single different pesticide registration
action; and
``(bb) the entitlement to which may be transferred
(including by sale) by the holder of the voucher, without
limitation on the number of times the voucher may be
transferred, before the voucher is redeemed.
``(ii) Establishment.--Not later than one year after the
date of enactment of the Pesticide Registration Improvement
Act of 2022, the Administrator, acting though the Office of
Pesticide Programs, shall establish a program to be known as
the Vector Expedited Review Voucher program.
``(iii) Purpose.--The purpose of the program is to
incentivize the development of new insecticides to control
and prevent the spread of vector borne disease by expediting
reviews by decreasing decision review times provided in
section 33(b)(3)(B).
``(iv) Issuance of vouchers.--
``(I) In general.--For each of fiscal years 2023 through
2027, the Administrator shall issue a voucher to a pesticide
registration applicant for a new active ingredient if the
applicant submits and has successfully registered a mosquito-
control product that--
``(aa) demonstrates a proven efficacy against pyrethroid or
other insecticide-resistant mosquitoes;
``(bb) prevents, mitigates, destroys, or repels pyrethroid
or other insecticide-resistant mosquitoes, with a novel or
unique mechanism or mode of action, different from other
insecticides already registered by the Administrator for
mosquito control;
``(cc) targets mosquitoes capable of spreading such
diseases as Malaria, Dengue, Zika, Chikungunya, St. Louis
encephalitis, Eastern encephalitis, Western encephalitis,
West Nile encephalitis, Cache Valley encephalitis, LaCrosse
encephalitis, and Yellow Fever;
``(dd) the registrant has submitted a global access plan
that will be made publicly available for the active
ingredient and that includes--
``(AA) manufacturing locations, including any licensed
third-party manufacturers;
``(BB) distribution and procurement processes for malaria
vector control programs in selected countries; and
``(CC) the prices for common quantities of the product;
``(ee) meets the appropriate guidelines as being effective
in the primary vector control intervention areas, including
insecticide-treated nets and indoor residual spray;
``(ff) is made accessible for use in--
``(AA) the United States, including territories or
possessions of the United States; and
``(BB) countries where mosquito-borne diseases, such as
malaria, are prevalent;
``(gg) meets registration requirements for human health and
environmental effects, labeling, and presents no unreasonable
adverse effects to the environment;
``(hh) broadens the adoption of integrated pest management
strategies, such as insecticide resistance management, or
makes those strategies more effective;
``(ii) is not contained in any pesticide product registered
by the Administrator as of the date of the enactment of the
Pesticide Registration Improvement Act of 2022; or
``(jj) does not contain as attested to by the registrant,
an active ingredient approved in the 2-year period preceding
the date of registration by any global stringent regulatory
authority for the same uses, vectors, and applications.
``(II) Mosquito vector priority.--For each of fiscal years
2023 through 2027, the focus of the program shall be to
incentivize the development of insecticides to control and
prevent the spread of mosquitoes bearing diseases described
in subclause (I)(cc).
``(III) Exception.--If the Administrator determines that
there is a significant public health benefit, an active
ingredient that is registered for agricultural use that is
repurposed and submitted for control of mosquitoes and that
otherwise meets the requirements of subclause (I) (excluding
items (bb) and (jj)) as determined necessary by the
Administrator, shall be considered a mosquito control product
meeting the criteria specified in such subclause.
``(IV) Eligibility criteria modifications.--
``(aa) In general.--Beginning in fiscal year 2028, the
Administrator shall review the program and recommend--
``(AA) modifications to the requirements described in
subclause (I); and
``(BB) additional vectors to be included in the program,
prioritizing vectors that pose the most significant
population health risks.
``(bb) Public involvement.--In carrying out item (aa), the
Administrator shall solicit the involvement of registrants,
nongovernmental organizations, and governmental agencies
engaged in vector-borne disease mitigation and treatment.
``(v) Redemption of vouchers.--To redeem a voucher, the
holder shall--
``(I) notify the Administrator of the intent of the holder
to submit a pesticide application with a voucher for
expedited review not less than 90 days before the submission
of the application; and
``(II) pay the applicable registration service fee under
section 33(b).
``(vi) Expedited review.--On redemption of a voucher, in
furtherance of the purpose described in clause (iii), the
Administrator shall expedite decision review times as
follows:
``(I) 6 months less than the decision review time for
Category R010, New Active Ingredient, Food use.
``(II) 6 months less than the decision review time for
Category R020, New Active Ingredient, Food use; reduced risk.
``(III) 6 months less than the decision review time for
Category R060, New Active Ingredient, Non-food use; outdoor.
``(IV) 6 months less than the decision review time for
Category R110, New Active Ingredient, Non-food use; indoor.
``(V) 4 months less than the decision review time for
Category R070, New Active Ingredient, Non-food use; outdoor;
reduced risk.
``(VI) 2 months less than the decision review time for
Category R120, New Active Ingredient, Non-food use; indoor;
reduced risk.
``(vii) Reports.--Not later than September 30, 2025, and
not later than September 30 of each year thereafter, the
Administrator shall issue a report on the program,
including--
``(I) the number of submissions seeking a voucher;
``(II) the total time in review for each such submission;
``(III) the number of such vouchers awarded;
``(IV) the number of such vouchers redeemed; and
``(V) with respect to each such redeemed voucher--
``(aa) the decision review time for the pesticide
application for which the voucher was redeemed; and
``(bb) the average standard decision review time for the
applicable pesticide category.
``(C) Unused amounts.--Any unused amounts made available
under this paragraph at the end of each fiscal year shall be
made available to the Administrator to carry out other
activities for which amounts in the Reregistration and
Expedited Processing Fund are authorized to be used.
``(8) Pesticide surveillance program.--In addition to
amounts otherwise available, for each of fiscal years 2023
through 2027, the Administrator shall use not more than
$500,000 of the amounts made available to the Administrator
in the Reregistration and Expedited Processing Fund to
support the interagency agreement with the National Institute
for Occupational Safety and Health to support the Sentinel
Event Notification System for Occupational Risk pesticides
program--
``(A) with a goal of increasing the number of participating
States, prioritizing expansion in States with the highest
numbers of agricultural workers; and
``(B) to improve reporting by participating States.''; and
(6) in paragraph (10) (as so redesignated), in the first
sentence, by striking ``(2), (3), (4), and (5)'' and
inserting ``(2) through (8)''.
SEC. 705. PESTICIDE REGISTRATION SERVICE FEES.
(a) Extension and Modification of Fee Authority.--
(1) In general.--Section 33(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)) is
amended--
(A) in paragraph (2)(E)(iii), by striking ``after review''
and inserting ``on completion of, where appropriate, the
initial screening of the contents of the application or the
preliminary technical screening'';
(B) by striking ``paragraph (3)'' each place it appears and
inserting ``paragraph (3)(B)'';
(C) in paragraph (3), by striking ``Subject to paragraph
(6),'' and inserting the following:
``(A) Data evaluation records.--At the decision review time
under a fee table specified in subparagraph (B) or as agreed
upon under subsection (f)(5), for each covered application
under a fee table specified in such subparagraph (B), the
Administrator shall--
``(i) complete data evaluation records for studies
submitted by the applicant in support of the application; and
``(ii) release those data evaluation records to the
applicant, using appropriate protections for confidential
business information.
``(B) Schedule, actions, and fees.--Subject to paragraph
(6),'';
(D) in paragraph (6)--
(i) by amending subparagraph (A) to read as follows:
``Subject to the following sentence, effective for a covered
application received during the period beginning on October
1, 2024, and ending on September 30, 2026, the Administrator
may increase by 5 percent the registration service fee
payable for the application under paragraph (3). No
adjustment may be made under the preceding sentence until the
date on which the Administrator begins to implement clauses
(i) and (ii) of subsection (k)(2)(A).''; and
(ii) by amending subparagraph (B) to read as follows:
``Subject to the following sentence, effective for a covered
application received on or after October 1, 2026, the
Administrator may increase by an additional 5 percent the
registration service fee in effect as of September 30, 2026.
No adjustment may be made under the preceding sentence until
the date on which the Administrator begins to implement any
recommendations for process improvements contained in the
report under subsection (c)(4), as appropriate.''; and
(E) in paragraph (7)(A), by striking ``(commonly referred
to as a Gold Seal letter)'' and inserting ``(including a Gold
Seal letter and a Certificate of Establishment)''.
(2) Conforming amendment.--Section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8)
is amended by striking ``subsection (b)(3)'' each place it
appears and inserting ``subsection (b)(3)(B)''.
(b) Pesticide Registration Fund.--Section 33(c) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(c)) is amended--
(1) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Endangered species review of outdoor use of pesticide
products.--
``(i) In general.--The Administrator shall use the amounts
made available in the Fund to develop, receive comments with
respect to, and finalize, guidance to registrants regarding
analysis necessary to support the review of outdoor uses of
pesticide products under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
``(ii) Deadlines for guidance.--The Administrator shall
issue final guidance required by clause (i) in accordance
with the following:
[[Page H10485]]
``(I) With respect to new active ingredients or any
registration review decision proposed for 1 or more outdoor
uses, not later than 9 months after the date of enactment of
the Pesticide Registration Improvement Act of 2022.
``(II) With respect to new outdoor uses of a registered
pesticide, not later than 1 year after the date of enactment
of the Pesticide Registration Improvement Act of 2022.
``(III) With respect to antimicrobial pesticide products,
not later than 3 years after the date of enactment of the
Pesticide Registration Improvement Act of 2022.
``(C) Independent third party assessments.--
``(i) In general.--The Administrator shall use the amounts
made available in the Fund to carry out the activities
described in clauses (ii) and (iii).
``(ii) Workforce assessment.--
``(I) In general.--The Administrator shall procure a
competitive contract with a qualified, independent contractor
with expertise in assessing public sector workforce data
analysis and reporting to conduct an assessment of current
methodologies and data or metrics available to represent the
workforce implementing the Pesticide Registration Improvement
Act of 2022 and the amendments made by that Act, including an
assessment of filled and vacant positions and full-time
equivalent employees relating to that implementation.
``(II) Report.--Not later than 2 years after the date of
enactment of the Pesticide Registration Improvement Act of
2022--
``(aa) the contractor selected under subclause (I) shall
submit to the Administrator a report describing--
``(AA) the findings from the assessment under that
subclause; and
``(BB) recommendations for improved methodologies to
represent full-time equivalent resources described in that
subclause; and
``(bb) the Administrator shall publish the report submitted
under item (aa) on the website of the Environmental
Protection Agency.
``(iii) Process assessment.--
``(I) In general.--
``(aa) Contracts.--Within 1 year of the date of enactment
of the Pesticide Registration Improvement Act of 2022, to the
extent practicable, the Administrator shall issue a
competitive contract to a private, independent consulting
firm--
``(AA) to conduct the assessment described in subclause
(II); and
``(BB) to submit to the Administrator a report describing
the findings of the assessment and the processes and
performance of the Environmental Protection Agency relating
to the implementation of the Pesticide Registration
Improvement Act of 2022 and the amendments made by that Act.
``(bb) Eligibility.--The firm described in item (aa) shall
be capable of performing the technical analysis, management
assessment, and program evaluation tasks required to address
the scope of the assessment under subclause (II).
``(II) Assessment.--
``(aa) In general.--The Administrator, applicants, and
registrants shall participate in a targeted assessment of the
process for the review of applications submitted under this
Act.
``(bb) Consultation.--The firm selected under subclause (I)
shall consult with the Administrator and applicants at the
start of the assessment under item (aa) and prior to
submission of the report under subclause (I)(aa)(BB).
``(cc) Requirements.--The assessment under item (aa) shall
evaluate and make recommendations regarding--
``(AA) the initial content screen;
``(BB) the preliminary technical screen;
``(CC) performance, processes, and progress toward reducing
renegotiation rates and the average length of renegotiations;
``(DD) performance, processes, and progress toward
eliminating the backlog of registrant submissions not covered
by subsection (b)(3);
``(EE) performance, processes, and progress toward ensuring
that all registrant submissions not covered by subsection
(b)(3) are completed by the applicable deadlines described in
the notice of the Administrator entitled `Pesticide
Registration Notice (PR) 98-10: Notifications, Non-
Notifications and Minor Formulation Amendments' and dated
October 22, 1998 (and any successor amendments to that
notice) and described in subsections (c)(3)(B) and (h) of
section 3;
``(FF) compliance with the provisions of this Act relating
to renegotiations and registrant submissions not covered by
subsection (b)(3);
``(GG) information technology systems;
``(HH) recommended improvements to employee training;
``(II) performance, progress, and processes in completing
registration review; and
``(JJ) other appropriate issues, such as submissions by
inert suppliers and fast-track amendments under subsections
(c)(3)(B) and (h) of section 3.
``(III) Report to congress.--Not later than 1 year after
the receipt of an assessment required under this section, the
Administrator shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives--
``(aa) a copy of each such assessment; and
``(bb) the Administrator's evaluation of the findings and
recommendations contained in each such assessment.
``(IV) Recommendations.--The Administrator shall include
with the report submitted under subclause (III) a
classification of each recommendation described in the report
as--
``(aa) can be implemented through administrative action of
the Administrator; or
``(bb) requires a statutory change.''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) shall be available during periods in which
Environmental Protection Agency employees are on shutdown or
emergency furlough as a result of a lapse in appropriations;
and''.
(c) Assessment of Fees.--Section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
8(d)(2)) is amended--
(1) by striking ``(as in existence in fiscal year 2012)'';
and
(2) by striking ``the amount of appropriations for covered
functions for fiscal year 2012 (excluding the amount of any
fees appropriated for the fiscal year).'' and inserting
``$166,000,000.''.
(d) Reforms to Reduce Decision Time Review Periods and
Prevent Double Payment of Registration Fees.--Section 33(e)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136w-8(e)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``To the maximum'' and inserting the
following:
``(e) Reforms to Reduce Decision Time Review Periods and
Prevent Double Payment of Registration Fees.--
``(1) Reduction of decision time review periods.--To the
maximum''; and
(2) by adding at the end the following:
``(2) Prevention of double payment of registration service
fees.--The Administrator shall develop and implement a
process to determine the appropriate fee category or
categories for an application that qualifies for more than
one fee category in order to assist applicants and prevent
unnecessary payment of fees for multiple categories for a
single application.''.
(e) Decision Time Review Periods.--Section 33(f) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(f)) is amended--
(1) in paragraph (1), by striking ``Pesticide Registration
Improvement Extension Act of 2018'' and inserting ``Pesticide
Registration Improvement Act of 2022'';
(2) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by adding at the end the following:
``(III) Final fee category.--The fee category of a covered
application or other actions may not be changed, without
providing the information to the applicant, after completion
of the preliminary technical screening described in clause
(iv).'';
(ii) in clause (iii), in the matter preceding subclause
(I), by inserting ``automate the process, to the maximum
extent practicable, and'' before ``determine''; and
(iii) in clause (iv)--
(I) in the matter preceding subclause (I), by striking
``shall determine if--'' and inserting ``shall--'';
(II) in subclause (I)--
(aa) by inserting ``determine if'' before ``the application
and''; and
(bb) by striking ``and'' at the end;
(III) in subclause (II)--
(aa) by inserting ``determine if'' before ``the
application, data,''; and
(bb) by striking the period at the end and inserting a
semicolon; and
(IV) by adding at the end the following:
``(III) determine, if applicable, whether an application
qualifies for a reduced risk determination under subsection
(c)(10) or (h) of section 3;
``(IV) grant or deny any data waiver requests submitted by
the applicant with the application;
``(V) verify and validate the accuracy of the fee category
selected by the applicant; and
``(VI) notify the applicant, in writing, if a new or
different fee category is required and calculate the new
decision review time based on the original submission
date.''; and
(B) by striking subparagraph (E) and inserting the
following:
``(E) Applications for reduced risk.--
``(i) Fee.--If an application for a reduced risk new active
ingredient or a reduced risk new use is determined not to
qualify as reduced risk, the applicant shall pay the
difference in fee for the corresponding non-reduced risk
application.
``(ii) Decision review time period.--After receipt by the
Administrator of the original covered reduced risk
application and fee, the decision time review period for the
corresponding non-reduced risk application shall begin within
the time periods described in subparagraph (A), based on the
submission date of the original covered reduced risk
application.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Extension of decision time review period.--
``(A) Notification.--If the Administrator cannot meet a
decision time review period under this subsection, the
Administrator shall notify the applicant, in writing, of--
``(i) the reasons why additional time is needed; and
``(ii) the number of days needed that would allow the
Administrator to make a regulatory decision.
``(B) Extension by negotiation or mutual agreement.--The
Administrator, acting solely through the Director of the
Office of Pesticide Programs, and the applicant may mutually
agree, in writing, to extend a decision time review period
under this subsection if--
``(i) there is new or additional data or information from
the applicant that is necessary for the Administrator to make
a decision on the application that cannot be made available
within the original decision time review period; or
``(ii) a public comment period associated with the
application generates significant comments that cannot be
addressed within the original decision time review period.
``(C) Priority.--Once a decision time review period for a
covered action described in subsection (b)(3)(B) is missed or
extended, the Administrator shall make any action on the
application a priority.''.
[[Page H10486]]
(f) Reports and Information Technology.--Section 33 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8) is amended by striking subsection (k) and inserting
the following:
``(k) Reports and Information Technology.--
``(1) Reports.--
``(A) In general.--Not later than 120 days after the last
day of each of fiscal years 2023 through 2027, the
Administrator shall publish an annual report describing--
``(i) actions taken under this section;
``(ii) registrant submissions not covered by subsection
(b)(3)(B);
``(iii) the initial content and preliminary technical
screenings required in subsection (f)(4)(B); and
``(iv) staffing relating to implementing the Pesticide
Registration Improvement Act of 2022 and the amendments made
by that Act.
``(B) Contents.--Each report published under subparagraph
(A) shall include a summary of the following information:
``(i) Actions under this section.--To the extent
practicable, data for each action taken under this section
that is completed during the fiscal year covered by the
report or pending at the conclusion of that fiscal year,
organized by registering division, including--
``(I) the Action Code;
``(II) the application receipt date;
``(III) the electronic portal tracking number assigned to
the application at the time of submission to the electronic
submission portal or the Environmental Protection Agency
tracking number;
``(IV) the original decision due date based on the Action
Code;
``(V) the dates of any renegotiations and the renegotiated
due dates, if applicable;
``(VI) the reasons for each renegotiation, if applicable;
``(VII) if the submission had to be recoded, reassigned
codes, if applicable;
``(VIII) the date that the submission was recoded, if
applicable;
``(IX) the decision completion date, if the action has been
completed;
``(X) the status of the action, which may be--
``(aa) failed initial content screen;
``(bb) failed preliminary technical screen;
``(cc) approved;
``(dd) withdrawn;
``(ee) denied;
``(ff) do not grant; or
``(gg) pending;
``(XI) the reason for any denial or do not grant decision,
if applicable;
``(XII) a review of the progress made in carrying out each
requirement of subsections (e) and (f), including, to the
extent determined appropriate by the Administrator and
consistent with the authorities of the Administrator and
limitations on delegation of functions by the Administrator,
recommendations for the allowance and use of summaries of
acute toxicity studies;
``(XIII) a review of the progress in carrying out section
3(g), including--
``(aa) the number of pesticides or pesticide cases reviewed
and the number of registration review decisions completed,
including--
``(AA) the number of cases cancelled;
``(BB) the number of cases requiring risk mitigation
measures;
``(CC) the number of cases removing risk mitigation
measures;
``(DD) the number of cases with no risk mitigation needed;
and
``(EE) the number of cases in which risk mitigation has
been fully implemented;
``(XIV) a review of the progress made toward implementing
enhancements to--
``(aa) the electronic tracking of conditional
registrations; and
``(bb) the endangered species database;
``(XV) a review of the progress made in updating the
Pesticide Incident Data System, including progress toward
making the information contained in the System available to
the public (as the Administrator determines is appropriate);
``(XVI) an assessment of the public availability of summary
pesticide usage data;
``(XVII) the number of the active ingredients approved, new
uses, and pesticide end use products granted in connection
with the Design for the Environment program (or any successor
program) of the Environmental Protection Agency;
``(XVIII) with respect to funds in the Reregistration and
Expedited Processing Fund described under section 4(k), a
review that includes--
``(aa) a description of the amount and use of such funds--
``(AA) to carry out activities relating to worker
protection under subparagraphs (G) and (H) of section
4(i)(1);
``(BB) to award partnership grants under subparagraph (I)
of such section; and
``(CC) to carry out the pesticide safety education program
under subparagraph (J) of such section;
``(bb) an evaluation of the appropriateness and
effectiveness of the activities, grants, and program under
subparagraphs (G), (H), (I), and (J) of such section;
``(cc) a description of how stakeholders are engaged in the
decision to fund such activities, grants, and program in
accordance with the stakeholder input provided under such
subparagraphs; and
``(dd) with respect to activities relating to worker
protection carried out under subparagraphs (G) and (H) of
section 4(i)(1), a summary of the analyses from stakeholders,
including from worker community-based organizations, on the
appropriateness and effectiveness of such activities.
``(XIX) beginning two years after enactment, report on the
progress of meeting the deadlines listed in paragraph (5) of
section 3(f); and
``(XX) a review of progress made in implementing the
pesticide surveillance program referred to in paragraph (8)
of section 4(k).
``(ii) Registrant submissions not covered by section
33(b)(3)(b).--Each registrant submission not covered by
subsection (b)(3)(B), that is completed during the fiscal
year covered by the report or pending at the conclusion of
that fiscal year, organized by registering division,
including--
``(I) the submission date;
``(II) the electronic portal tracking number assigned to
the application at the time of the submission of the
application to the electronic submission portal;
``(III) the type of regulatory action, as defined by
statute or guidance document, and the specific label action;
``(IV) the status of the action;
``(V) the due date;
``(VI) the reason for the outcome; and
``(VII) the completion date, if applicable.
``(iii) Screening process.--Data for the initial content
screens and preliminary technical screens that are completed
during the fiscal year covered by the report or pending at
the conclusion of that fiscal year, organized by registering
division, including--
``(I) the number of applications successfully passing each
type of screen;
``(II) the number of applications that failed the screening
process for each type of screen;
``(III) the number of notifications issued by the
Administrator under subsection (f)(4)(B)(ii)(II);
``(IV) the number of notifications issued by the
Administrator under subsection (f)(4)(B)(ii)(I) and the
number of applications resulting in a rejection; and
``(V) the number of notifications issued under section
152.105 of title 40, Code of Federal Regulations (or
successor regulations), and to the extent practicable, the
reasons for that issuance.
``(iv) Staffing.--Data on the staffing relating to work
covered under the Pesticide Registration Improvement Act of
2022 and the amendments made by that Act, organized by
registering division, including--
``(I) the number of new hires and personnel departures;
``(II) the number of full-time equivalents at the end of
each fiscal year;
``(III) the number of full-time equivalents working on
registration review activities; and
``(IV) the number of full-time equivalents working on
registrant submissions not covered by subsection (b)(3)(B).
``(C) Publication.--The Administrator shall publish each
report under subparagraph (A)--
``(i) on the website of the Environmental Protection
Agency; and
``(ii) by such other methods as the Administrator
determines to be the most effective for efficiently
disseminating the report.
``(2) Information technology.--
``(A) System.--Not later than 1 year after the date of
enactment of the Pesticide Registration Improvement Act of
2022, the Administrator shall establish an information
technology system that--
``(i) includes all registering divisions in the Office of
Pesticide Programs;
``(ii) provides a real-time, accurate, tracking system for
all regulatory submissions to the Office of Pesticide
Programs;
``(iii) provides a real-time, accessible information that
provides each applicant confidential, online access to the
status and progress of the regulatory submissions of the
applicant; and
``(iv) updates the electronic submission portal--
``(I) to ensure that label reviews are limited to current
label changes, to the maximum extent practicable;
``(II) to automate, to the extent practicable, minor, low
risk regulatory actions; and
``(III) to allow self-certification of certain regulatory
actions, as determined by the Administrator.
``(B) Access to registration data and decisions.--The
Administrator shall implement efforts to expand existing, and
develop new, information technology tools and databases to
improve access by Environmental Protection Agency employees
to data used to fulfill registrations, and public access to
information about regulatory decisionmaking tools, including
opportunities for--
``(i) analysis of the impact of submitted studies on
Environmental Protection Agency assessments and decisions;
``(ii) facilitation of read-across or computational model
development to help fill information gaps;
``(iii) tracking and reporting submission and decision
metrics relating to the use and acceptance of test methods;
and
``(iv) drafting and publication of policies communicating
Environmental Protection Agency acceptance of novel
technologies or approaches.''.
(g) Termination of Effectiveness.--Section 33(m) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(m)) is amended--
(1) by striking ``2023'' each place it appears and
inserting ``2027''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the subparagraph heading, by striking ``2024'' and
inserting ``2028'' ; and
(ii) by striking ``2024'' and inserting ``2028''; and
(B) in each of subparagraphs (B) and (C)--
(i) in the subparagraph heading, by striking ``2025'' each
place it appears and inserting ``2029''; and
(ii) by striking ``2025'' each place it appears and
inserting ``2029''.
[[Page H10487]]
SEC. 706. REVISION OF TABLES REGARDING COVERED PESTICIDE
REGISTRATION APPLICATIONS AND OTHER COVERED
ACTIONS AND THEIR CORRESPONDING REGISTRATION
SERVICE FEES.
Section 33(b)(3) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136w-8(b)(3)) (as amended by
section 705(a)(1)(C)) is amended by striking subparagraph (B)
and inserting the following:
``(B) Schedule, actions, and fees.--Subject to paragraph
(6), the schedule of registration applications and other
covered actions and their corresponding registration service
fees shall be as follows:
``TABLE 1. -- REGISTRATION DIVISION (RD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R010 1 New Active Ingredient, Food use. (2) 36 1,079,356
(3)
----------------------------------------------------------------------------------------------------------------
R020 2 New Active Ingredient, Food use; 27 899,464
reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
R040 3 New Active Ingredient, Food use; 18 662,883
Experimental Use Permit application;
establish temporary tolerance;
submitted before application for
registration; credit 45% of fee
toward new active ingredient
application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
R060 4 New Active Ingredient, Non-food use; 30 749,886
outdoor. (2) (3)
----------------------------------------------------------------------------------------------------------------
R070 5 New Active Ingredient, Non-food use; 24 624,905
outdoor; reduced risk. (2) (3)
----------------------------------------------------------------------------------------------------------------
R090 6 New Active Ingredient, Non-food use; 16 463,930
outdoor; Experimental Use Permit
application; submitted before
application for registration; credit
45% of fee toward new active
ingredient application that follows.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R110 7 New Active Ingredient, Non-food use; 20 417,069
indoor. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R120 8 New Active Ingredient, Non-food use; 14 347,556
indoor; reduced risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R121 9 New Active Ingredient, Non-food use; 18 261,322
indoor; Experimental Use Permit
application; submitted before
application for registration; credit
45% of fee toward new active
ingredient application that follows.
(3) (4)
----------------------------------------------------------------------------------------------------------------
R122 10 Enriched isomer(s) of registered mixed- 27 454,526
isomer active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
R123 11 New Active Ingredient, Seed treatment 27 676,296
only; includes agricultural and non-
agricultural seeds; non-food use, not
requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
R126 12 New Active Ingredient, Seed treatment 31 743,925
(new) only; limited uptake into raw
agricultural commodities; use
requiring a tolerance. (2) (3)
----------------------------------------------------------------------------------------------------------------
R125 13 New Active Ingredient, Seed treatment; 16 463,930
Experimental Use Permit application;
submitted before application for
registration; credit 45% of fee
toward new active ingredient
application that follows. (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
[[Page H10488]]
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 2. -- REGISTRATION DIVISION (RD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R130 14 First food use; indoor; food/food 23 274,388
handling. (2) (3) (5)
----------------------------------------------------------------------------------------------------------------
R140 15 Additional food use; Indoor; food/food 17 64,028
handling. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R150 16 First food use. (2) (3) (5) 23 454,490
----------------------------------------------------------------------------------------------------------------
R155 17 First food use, Experimental Use 21 378,742
Permit application; active ingredient
registered for non-food use. (3) (4)
(5)
----------------------------------------------------------------------------------------------------------------
R160 18 First food use; reduced risk. (2) (3) 18 378,742
(5)
----------------------------------------------------------------------------------------------------------------
R170 19 Additional food use. (3) (4) (5) 17 113,728
----------------------------------------------------------------------------------------------------------------
R175 20 Additional food uses covered within a 14 94,774
crop group resulting from the
conversion of existing approved crop
group(s) to one or more revised crop
groups. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R180 21 Additional food use; reduced risk. (3) 12 94,774
(4) (5)
----------------------------------------------------------------------------------------------------------------
R190 22 Additional food uses; 6 or more 17 682,357
submitted in one application. (3) (4)
(5)
----------------------------------------------------------------------------------------------------------------
R200 23 Additional Food Use; 6 or more 12 568,632
submitted in one application; Reduced
Risk. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
R210 24 Additional food use; Experimental Use 12 70,210
Permit application; establish
temporary tolerance; no credit toward
new use registration. (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
[[Page H10489]]
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 H10490]]
(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)
----------------------------------------------------------------------------------------------------------------
[[Page H10491]]
R297 45 Amend 6 or more established tolerances 12 389,897
(e.g., decrease or increase) in one
petition; domestic or import;
applicant-initiated.
----------------------------------------------------------------------------------------------------------------
R298 46 Amend an established tolerance (e.g., 14 83,940
decrease or increase); domestic or
import; submission of corresponding
amended labels (requiring science
review). (3) (4)
----------------------------------------------------------------------------------------------------------------
R299 47 Amend 6 or more established tolerances 14 408,853
(e.g., decrease or increase);
domestic or import; submission of
corresponding amended labels
(requiring science review). (3) (4)
----------------------------------------------------------------------------------------------------------------
R281 48 Establish tolerances for residues in 12 68,599
(new) imported commodities; additional new
food use; submission of residue
chemistry data review conducted by
Codex or other competent national
regulatory authority.
----------------------------------------------------------------------------------------------------------------
R282 49 Establish tolerances for residues in 12 411,580
(new) imported commodities; additional new
food uses; 6 or more crops submitted
in one petition; submission of
residue chemistry data review
conducted by Codex or other competent
national regulatory authority.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) Amendment applications to add the revised use pattern(s) to registered product labels are covered by the
base fee for the category. All items in the covered application must be submitted together in one package.
Each application for an additional new product registration and new inert approval(s) that is submitted in the
amendment application package is subject to the registration service fee for a new product or a new inert
approval. However, if an amendment application only proposes to register the amendment for a new product and
there are no amendments in the application, then review of one new product application is covered by the base
fee. All such associated applications that are submitted together will be subject to the category decision
review time.
[[Page H10492]]
``TABLE 4. -- REGISTRATION DIVISION (RD) -- NEW PRODUCTS
----------------------------------------------------------------------------------------------------------------
New CR Decision Review Time Registration
EPA No. No. Action (Months)(1) Service Fee
($)
----------------------------------------------------------------------------------------------------------------
R300 50 New product; or similar combination 4 2,270
product (already registered) to an
identical or substantially similar in
composition and use to a registered
product; registered source of active
ingredient; no data review on acute
toxicity, efficacy or child-resistant
packaging -- only product chemistry
data; cite-all data citation, or
selective data citation where applicant
owns all required data, or applicant
submits specific authorization letter
from data owner. Category also includes
100% re- package of registered end-use
or manufacturing-use product that
requires no data submission nor data
matrix. (2) (3)
----------------------------------------------------------------------------------------------------------------
R301 51 New product; or similar combination 4 2,720
product (already registered) to an
identical or substantially similar in
composition and use to a registered
product; registered source of active
ingredient; selective data citation only
for data on product chemistry and/or
acute toxicity and/or public health pest
efficacy (identical data citation and
claims to cited product(s)), where
applicant does not own all required data
and does not have a specific
authorization letter from data owner.
(2) (3)
----------------------------------------------------------------------------------------------------------------
R310 52 New end-use or manufacturing-use product 7 10,466
with registered source(s) of active
ingredient(s); includes products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; requires review of data package
within RD only; includes data and/or
waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
4. Child-resistant packaging and/or
4. pest(s) requiring efficacy - for up to
3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R314 53 New end-use product containing up to 8 12,364
three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) for up
to 3 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R319 54 New end-use product containing up to 10 18,097
three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4
to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R318 55 New end-use product containing four or 9 18,994
more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for up to
3 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
[[Page H10493]]
R321 56 New end-use product containing four or 11 24,727
more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy (4) - for 4
to 7 target pests. (2) (3)
----------------------------------------------------------------------------------------------------------------
R315 57 New end-use on-animal product, registered 9 14,075
source of active ingredient(s) with
submission of data and/or waivers for
only:
1. animal safety and
2. pest(s) requiring efficacy and/or
3. product chemistry and/or
4. acute toxicity and/or
5. child resistant packaging. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R316 58 New end-use or manufacturing-use product 9 16,199
with registered source(s) of active
ingredient(s) including products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; and requires review of data and/
or waivers for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. pest(s) requiring efficacy - for 4 to
7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R317 59 New end-use or manufacturing-use product 10 21,932
with registered source(s) of active
ingredient(s) including products
containing two or more registered active
ingredients previously combined in other
registered products; excludes products
requiring or citing an animal safety
study; and requires review of data and/
or waivers for only:
1. product chemistry and/or
2. acute toxicity and/or
3. child resistant packaging and/or
4. Pest(s) requiring efficacy - for
greater than 7 target pests, (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R320 60 New product; new physical form; requires 12 18,958
data review in science divisions. (2)
(3) (5)
----------------------------------------------------------------------------------------------------------------
R331 61 New product; repack of identical 3 3,627
registered end-use product as a
manufacturing-use product; same
registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
R332 62 New manufacturing-use product; registered 24 405,919
active ingredient; unregistered source
of active ingredient; submission of
completely new generic data package;
registered uses only; requires review in
RD and science divisions. (2) (3)
----------------------------------------------------------------------------------------------------------------
R333 63 New product; manufacturing-use product or 11 28,434
end-use product with unregistered source
of active ingredient; requires science
data review; new physical form; etc.
Cite-all or selective data citation
where applicant owns all required data.
(2) (3)
----------------------------------------------------------------------------------------------------------------
R334 64 New product; manufacturing-use product or 12 33,108
end-use product with unregistered source
of the active ingredient; requires
science data review; new physical form;
etc. Selective data citation. (2) (3)
----------------------------------------------------------------------------------------------------------------
[[Page H10494]]
R361 65 New end-use product containing up to 12 23,400
(new) three registered active ingredients
never before registered as this
combination in a formulated product; new
product label is identical or
substantially similar to the labels of
currently registered products which
separately contain the respective
component active ingredients; excludes
products requiring or citing an animal
safety study; requires review of data
package within RD only; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. Child resistant packaging and/or
4. pest(s) requiring efficacy - for more
than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R362 66 New end-use product containing four or 13 25,350
(new) more registered active ingredients never
before registered as this combination in
a formulated product; new product label
is identical or substantially similar to
the labels of currently registered
products which separately contain the
respective component active ingredients;
excludes products requiring or citing an
animal safety study; requires review of
data package within RD only; includes
data and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. Child resistant packaging and/or
4. pest(s) requiring efficacy - for more
than 7 target pests. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
R363 67 New product; repack of identical 6 7,800
(new) registered manufacturing-use product as
an end-use product; same registered uses
only, with no additional data. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
a general claim, then each subgroup or specific pest will count as 1.
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
[[Page H10495]]
``TABLE 5. -- REGISTRATION DIVISION (RD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R340 68 Amendment requiring data review within 4 7,150
RD (e.g., changes to precautionary
label statements); includes adding/
modifying pest(s) claims for up to 2
target pests; excludes products
requiring or citing an animal safety
study. (2) (3)
----------------------------------------------------------------------------------------------------------------
R341 69 Amendment requiring data review within 6 8,584
RD (e.g., changes to precautionary
label statements), includes adding/
modifying pest(s) claims for greater
than 2 target pests; excludes
products requiring or citing an
animal safety study. (2) (3)
----------------------------------------------------------------------------------------------------------------
R345 70 Amending on-animal products previously 7 12,643
registered, with the submission of
data and/or waivers for only:
1. animal safety and
2. pest(s) requiring efficacy and/or
3. product chemistry and/or
4. acute toxicity and/or
5. child resistant packaging. (2) (3)
(4)
----------------------------------------------------------------------------------------------------------------
R350 71 Amendment requiring data review in 9 18,958
science divisions (e.g., changes to
Restricted Entry Interval, or
Personal Protective Equipment, or
Preharvest Interval, or use rate, or
number of applications; or add aerial
application; or modify Ground Water/
Surface Water advisory statement).
(2) (3) (5)
----------------------------------------------------------------------------------------------------------------
R351 72 Amendment adding a new unregistered 8 18,958
source of active ingredient. (2) (3)
----------------------------------------------------------------------------------------------------------------
R352 73 Amendment adding already approved 8 18,958
uses; selective method of support;
does not apply if the applicant owns
all cited data. (2) (3)
----------------------------------------------------------------------------------------------------------------
R371 74 Amendment to Experimental Use Permit; 6 14,463
(does not include extending a
permit's time period). (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under PR Notices,
such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees.
(e) Submissions with data and requiring data review are subject to registration service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
a general claim, then each subgroup or specific pest will count as 1.
[[Page H10496]]
(5) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 6. -- REGISTRATION DIVISION (RD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
R124 75 Conditional Ruling on Pre-application 6 3,627
Study Waivers; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
R272 76 Review of Study Protocol applicant- 3 3,627
initiated; excludes Data Analysis
Reporting Tool, pre- registration
conference, Rapid Response review,
developmental neurotoxicity protocol
review, protocol needing Human
Studies Review Board review,
companion animal safety protocol.
----------------------------------------------------------------------------------------------------------------
R275 77 Rebuttal of Agency reviewed protocol, 3 3,627
applicant initiated.
----------------------------------------------------------------------------------------------------------------
R278 78 Review of Protocol for companion 5 4,927
(new) animal safety study.
----------------------------------------------------------------------------------------------------------------
R279 79 Comparative product determination for 3 5,200
(new) reduced risk submission, applicant
initiated; submitted before
application for reduced risk new
active ingredient or reduced risk new
use.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
``TABLE 7. -- ANTIMICROBIAL DIVISION (AD) -- NEW ACTIVE INGREDIENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A380 80 New Active Ingredient; Indirect Food 26 227,957
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A390 81 New Active Ingredient; Direct Food 26 329,265
use; establish tolerance or tolerance
exemption if required. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A410 82 New Active Ingredient Non-food use. 23 278,659
(2) (3) (4)
----------------------------------------------------------------------------------------------------------------
A431 83 New Active Ingredient, Non-food use; 14 114,984
low-risk. (2) (3) (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
[[Page H10497]]
(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 H10498]]
(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)
----------------------------------------------------------------------------------------------------------------
[[Page H10499]]
A565 95 New manufacturing-use product; 18 26,135
registered active ingredient;
unregistered source of active
ingredient; submission of new generic
data package; registered uses only;
requires science review. (2) (3)
----------------------------------------------------------------------------------------------------------------
A572 96 New Product or amendment requiring 9 18,958
data review for risk assessment by
Science Branch (e.g., changes to
Restricted Entry Interval, or
Personal Protective Equipment, or use
rate). (2) (3) (4) (7)
----------------------------------------------------------------------------------------------------------------
A460 97 New end-use product; FIFRA Sec. 2(mm) 5 7,322
(new) uses only; 0 to 10 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A461 98 New end-use product; FIFRA Sec. 2(mm) 6 10,158
(new) uses only; 11 to 20 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A462 99 New end-use product; FIFRA Sec. 2(mm) 7 12,995
(new) uses only; 21 to 30 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A463 100 New end-use product; FIFRA Sec. 2(mm) 9 15,831
(new) uses only; 31 to 40 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A464 101 New end-use product; FIFRA Sec. 2(mm) 10 18,668
(new) uses only; 41 to 50 public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A465 102 New end-use product; FIFRA Sec. 2(mm) 11 21,505
(new) uses only; 51 or more public health
organisms. (2) (3) (5) (6)
----------------------------------------------------------------------------------------------------------------
A470 103 Label amendment requiring data review; 4 5,493
(new) 0 to 10 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A471 104 Label amendment requiring data review; 5 8,506
(new) 11 to 20 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A472 105 Label amendment requiring data review; 6 10,219
(new) 21 to 30 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A473 106 Label amendment requiring data review; 7 11,933
(new) 31 to 40 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A474 107 Label amendment requiring data review; 8 13,646
(new) 41 to 50 public health organisms. (3)
(4) (5) (6)
----------------------------------------------------------------------------------------------------------------
A475 108 Label amendment requiring data review; 9 15,766
(new) 51 or more public health organisms.
(3) (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
[[Page H10500]]
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(5) The applicant must identify the substantially similar product if opting to use cite-all or the selective
method to support acute toxicity data requirements.
(6) Once an application for an amendment or a new product with public health organisms has been submitted and
classified into any of categories A460 through A465 or A470 through A475, additional organisms submitted for
the same product before the first application is granted will result in combination and reclassification of
both the original and subsequent submissions into the appropriate new category based on the sum of the number
of organisms in both submissions. Submission of additional organisms would result in a new PRIA start date and
may require additional fees to meet the fee of a new category.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 10. -- ANTIMICROBIAL DIVISION (AD) -- EXPERIMENTAL USE PERMITS AND OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
A520 109 Experimental Use Permit application, 9 9,151
non-food use. (2) (3)
----------------------------------------------------------------------------------------------------------------
A521 110 Review of public health efficacy study 6 6,776
protocol within AD, per AD Internal
Guidance for the Efficacy Protocol
Review Process; Code will also
include review of public health
efficacy study protocol; applicant-
initiated; Tier 1.
----------------------------------------------------------------------------------------------------------------
A522 111 Review of public health efficacy study 12 17,424
protocol outside AD by members of AD
Efficacy Protocol Review Expert
Panel; Code will also include review
of public health efficacy study
protocol; applicant-initiated; Tier
2.
----------------------------------------------------------------------------------------------------------------
A537 112 New Active Ingredient/New Use, 18 219,512
Experimental Use Permit application;
Direct food use; Establish tolerance
or tolerance exemption if required.
Credit 45% of fee toward new active
ingredient/new use application that
follows. (3)
----------------------------------------------------------------------------------------------------------------
A538 113 New Active Ingredient/New Use, 18 137,198
Experimental Use Permit application;
Indirect food use; Establish
tolerance or tolerance exemption if
required Credit 45% of fee toward new
active ingredient/new use application
that follows. (3)
----------------------------------------------------------------------------------------------------------------
A539 114 New Active Ingredient/New Use, 15 132,094
Experimental Use Permit application;
Nonfood use. Credit 45% of fee toward
new active ingredient/new use
application that follows. (3)
----------------------------------------------------------------------------------------------------------------
A529 115 Amendment to Experimental Use Permit; 9 16,383
requires data review or risk
assessment. (2) (3)
----------------------------------------------------------------------------------------------------------------
A523 116 Review of protocol other than a public 9 17,424
health efficacy study (i.e.,
Toxicology or Exposure Protocols).
----------------------------------------------------------------------------------------------------------------
A571 117 Science reassessment: refined 18 137,198
ecological risk, and/or endangered
species; applicant-initiated. (3)
----------------------------------------------------------------------------------------------------------------
A533 118 Exemption from the requirement of an 4 3,559
Experimental Use Permit. (2)
----------------------------------------------------------------------------------------------------------------
A534 119 Rebuttal of Agency reviewed protocol, 4 6,776
applicant initiated.
----------------------------------------------------------------------------------------------------------------
A535 120 Conditional ruling on pre-application 6 3,454
study waiver or data bridging
argument; applicant-initiated.
----------------------------------------------------------------------------------------------------------------
A536 121 Conditional ruling on pre-application 4 3,559
direct food, indirect food, nonfood
use determination; applicant-
initiated.
----------------------------------------------------------------------------------------------------------------
[[Page H10501]]
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.
[[Page H10502]]
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
a first food use are covered by the base fee for that new active ingredient or first food use application and
retain the same decision time review period as the new active ingredient or first food use application. The
application must be received by the Agency in one package. The base fee for the category covers a maximum of
five new products. Each application for an additional new product registration and new inert approval that is
submitted in the new active ingredient application package or first food use application package is subject to
the registration service fee for a new product or a new inert approval. All such associated applications that
are submitted together will be subject to the new active ingredient or first food use decision review time. In
the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
application for another new product containing the same active ingredient or an amendment to the proposed
labeling will be deemed a new active ingredient application, subject to the registration service fee and
decision review time for a new active ingredient. In the case of a first food use application, until that
first food use is approved, any subsequent application for an additional new food use or uses will be subject
to the registration service fee and decision review time for a first food use. Any information that (a) was
neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
initiative to support the application after completion of the preliminary technical screening, and (c) is not
itself a covered registration application, must be assessed 25% of the full registration service fee for the
new active ingredient or first food use application.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 12. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW USES
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B630 128 First food use; petition to establish/ 13 18,296
amend a tolerance exemption. (2) (4)
(5)
----------------------------------------------------------------------------------------------------------------
B640 129 First food use; petition to establish/ 19 27,443
amend a tolerance. (2) (4) (5)
----------------------------------------------------------------------------------------------------------------
B644 130 New use, no change to an established 8 18,296
tolerance or tolerance exemption
(includes non-food uses). (3) (4) (5)
----------------------------------------------------------------------------------------------------------------
B645 131 New use; Experimental Use Permit; 12 18,296
petition to establish a permanent or
temporary tolerance or tolerance
exemption. (4) (5)
----------------------------------------------------------------------------------------------------------------
B646 132 New use; Experimental Use Permit; non- 7 9,151
food use (includes crop destruct).
(4) (5)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
[[Page H10503]]
(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)
----------------------------------------------------------------------------------------------------------------
[[Page H10504]]
B670 134 New product; registered source of 9 7,322
active ingredient(s); no change in an
established tolerance or tolerance
exemption; (including non-food); Must
address Product-Specific Data
Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
B672 135 New product; unregistered source of at 15 13,069
least one active ingredient (or
registered source with new generic
data package); no change in an
established tolerance or tolerance
exemption (including non-food); must
address Product-Specific and Generic
Data Requirements. (2) (3)
----------------------------------------------------------------------------------------------------------------
B673 136 New product; unregistered source of 12 7,322
active ingredient(s); citation of
Technical Grade Active Ingredient
(TGAI) data previously reviewed and
accepted by the Agency; requires an
Agency determination that the cited
data support the new product. (2) (3)
----------------------------------------------------------------------------------------------------------------
B674 137 New product; repack of identical 4 1,833
registered end-use product or repack
of an end-use product as a
manufacturing-use product; same
registered uses only. (2) (3)
----------------------------------------------------------------------------------------------------------------
B677 138 New end-use non-food animal product 12 12,643
with submission of two or more target
animal safety studies; includes data
and/or waivers of data for only:
1. product chemistry and/or
2. acute toxicity and/or
3. public health pest efficacy and/or
4. animal safety studies and/or
5. child resistant packaging. (2) (3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
``TABLE 14. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- AMENDMENTS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B621 139 Amendment; Experimental Use Permit; no 7 7,322
change to an established temporary or
permanent tolerance or tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B622 140 Amendment; Experimental Use Permit; 11 18,296
petition to amend a permanent or
temporary tolerance or tolerance
exemption. (3) (4)
----------------------------------------------------------------------------------------------------------------
B641 141 Amendment; changes to an established 13 18,296
tolerance or tolerance exemption. (4)
----------------------------------------------------------------------------------------------------------------
[[Page H10505]]
B680 142 Amendment; registered sources of 5 7,322
active ingredient(s); no new use(s);
no changes to an established
tolerance or tolerance exemption;
requires data submission. (2) (3)
----------------------------------------------------------------------------------------------------------------
B681 143 Amendment; unregistered source of 7 8,714
active ingredient(s); no change to an
established tolerance or tolerance
exemption; requires data submission.
(2) (3)
----------------------------------------------------------------------------------------------------------------
B683 144 Amendment; no change to an established 6 7,322
tolerance or tolerance exemption;
requires review/update of previous
risk assessment(s) without data
submission (e.g., labeling changes to
Restricted Entry Interval, Personal
Protective Equipment, Preharvest
Interval). (2) (3)
----------------------------------------------------------------------------------------------------------------
B684 145 Amending non-food animal product that 8 12,643
includes submission of target animal
safety data; previously registered.
(2) (3)
----------------------------------------------------------------------------------------------------------------
B685 146 Amendment; add a new biochemical 5 7,322
unregistered source of active
ingredient or a new microbial
production site; requires submission
of analysis of samples data and
source/production site-specific
manufacturing process description.
(3)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
Division are to be completed within the timelines specified in section 3(h) and are not subject to
registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
registration service fees. (e) Submissions with data and requiring data review are subject to registration
service fees.
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 15. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- STRAIGHT-CHAIN LEPIDOPTERAN PHEROMONES
(SCLP)
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B690 147 SCLP; new active ingredient; food or 7 3,662
non-food use. (2) (6) (7)
----------------------------------------------------------------------------------------------------------------
B700 148 SCLP; Experimental Use Permit 7 1,833
application; new active ingredient or
new use. (6) (7)
----------------------------------------------------------------------------------------------------------------
[[Page H10506]]
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.
[[Page H10507]]
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
the new use(s). All items in the covered application must be submitted together in one package. Each
application for an additional new product registration and new inert approval(s) that is submitted in the new
use application package is subject to the registration service fee for a new product or a new inert approval.
However, if a new use application only proposes to register the new use for a new product and there are no
amendments in the application, then review of one new product application is covered by the new use fee. All
such associated applications that are submitted together will be subject to the new use decision review time.
Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
submission of the new use application and (b) prior to conclusion of its decision review time and (c)
containing the same new uses, will be deemed a separate new-use application, subject to a separate
registration service fee and new decision review time for a new use. If the new-use application includes non-
food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
of new use and the longest decision review time applies to all of the new uses requested in the application.
Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
applicant at the applicant's initiative to support the application after completion of the preliminary
technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
full registration service fee for the new use application.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance
finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
extended for endangered species assessment one time only for up to 50%, upon written notification to the
applicant, prior to completion of the technical screening. To the extent practicable, any reason for
renegotiation should be resolved during the same extension.
``TABLE 16. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- OTHER ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
B614 155 Pre-application; Conditional Ruling on 3 3,627
rationales for addressing a data
requirement in lieu of data;
applicant-initiated; applies to one
(1) rationale at a time.
----------------------------------------------------------------------------------------------------------------
B682 156 Protocol review; applicant initiated; 3 3,487
excludes time for Human Studies
Review Board review (Includes
rebuttal of protocol review).
----------------------------------------------------------------------------------------------------------------
B616 157 Pre-application; Conditional Ruling on 5 4,715
(new) a non-food use determination.
----------------------------------------------------------------------------------------------------------------
B617 158 Pre-application; biochemical 5 4,715
(new) classification determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
[[Page H10508]]
``TABLE 17. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- PLANT-INCORPORATED PROTECTANTS (PIP)
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
[[Page H10509]]
B890 173 Application to amend a seed increase 9 91,465
registration; converts registration
to commercial registration; no
petition since permanent tolerance/
tolerance exemption is already
established for the active
ingredient(s). (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B900 174 Application to amend a registration, 6 18,296
including actions such as modifying
an IRM plan, or adding an insect to
be controlled. (5) (10) (11) (12)
----------------------------------------------------------------------------------------------------------------
B902 175 PIP Protocol review. 3 9,151
----------------------------------------------------------------------------------------------------------------
B903 176 Inert ingredient permanent tolerance 12 91,465
exemption; e.g., a marker such as NPT
II; reviewed in BPPD.
----------------------------------------------------------------------------------------------------------------
B904 177 Import tolerance or tolerance 12 182,927
exemption; processed commodities/food
only (inert or active ingredient).
----------------------------------------------------------------------------------------------------------------
B905 178 FIFRA Scientific Advisory Panel 6 91,465
Review.
----------------------------------------------------------------------------------------------------------------
B906 179 Petition to establish a temporary 9 45,733
tolerance/tolerance exemption for one
or more active ingredients.
----------------------------------------------------------------------------------------------------------------
B907 180 Petition to establish a permanent 9 18,296
tolerance/tolerance exemption for one
or more active ingredients based on
an existing temporary tolerance/
tolerance exemption.
----------------------------------------------------------------------------------------------------------------
B909 181 PIP tolerance exemption determination; 6 18,296
(new) applicant-initiated; request to
determine if an existing tolerance
exemption applies to a PIP.
----------------------------------------------------------------------------------------------------------------
B910 182 Biotechnology Notification for small- 3 9,151
(new) scale field testing of genetically
engineered microbes.
----------------------------------------------------------------------------------------------------------------
B921 183 Experimental Use Permit application; 12 182,927
(new) genetic modifications in animals
intended for use as a pesticide
(e.g., for pest population control);
non-food/feed. This category would
cover substances produced and used in
animals that are intended for use as
a pesticide, such as for pest
population control, including the
genetic material in such animals.
Credit 75% of B921 fee toward
registration application for the new
active ingredient that follows
(B922). (5) (12) (13)
----------------------------------------------------------------------------------------------------------------
B922 184 Registration application; new active 16 228,657
(new) ingredient; genetic modifications in
animals intended for use as a
pesticide (e.g., for pest population
control); non-food/feed. This
category would cover substances
produced and used in animals that are
intended for use as a pesticide, such
as for pest population control,
including the genetic material in
such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B923 185 Experimental Use Permit application; 15 228,658
(new) genetic modifications in animals
intended for use as a pesticide
(e.g., for pest population control);
with petition to establish a
temporary or permanent tolerance/
tolerance exemption of an active
ingredient. This category would cover
substances produced and used in
animals that are intended for use as
a pesticide, such as for pest
population control, including the
genetic material in such animals.
Credit 75% of B923 fee toward
registration application for the new
active ingredient that follows
(B924). (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B924 186 Registration application; new active 19 292,682
(new) ingredient; genetic modifications in
animals intended for use as a
pesticide (e.g., for pest population
control); with petition to establish
a permanent tolerance/tolerance
exemption of an active ingredient.
This category would cover substances
produced and used in animals that are
intended for use as a pesticide, such
as for pest population control,
including the genetic material in
such animals. (5) (12) (13) (14)
----------------------------------------------------------------------------------------------------------------
B925 187 Experimental Use Permit application; 11 27,452
(new) exogenous applications of RNA to
elicit the RNA interference pathway
in pests; non-food/feed; credit 75%
of B925 fee toward registration
application for the new active
ingredient that follows (B926). (5)
(12)
----------------------------------------------------------------------------------------------------------------
[[Page H10510]]
B926 188 Registration application; new active 17 82,329
(new) ingredient; exogenous applications of
RNA to elicit the RNA interference
pathway in pests; non-food/feed. (5)
(12) (14)
----------------------------------------------------------------------------------------------------------------
B927 189 Experimental Use Permit application; 14 54,889
(new) exogenous applications of RNA to
elicit the RNA interference pathway
in pests; with petition to establish
a temporary or permanent tolerance/
tolerance exemption of an active
ingredient; credit 75% of B927 fee
toward registration application for
the new active ingredient that
follows (B928). (5) (12)
----------------------------------------------------------------------------------------------------------------
B928 190 Registration application; new active 22 137,210
(new) ingredient; exogenous applications of
RNA to elicit the RNA interference
pathway in pests; with petition to
establish a permanent tolerance/
tolerance exemption of an active
ingredient. (5) (12) (14)
----------------------------------------------------------------------------------------------------------------
B929 191 Registration application; new product, 10 7,322
(new) registered active ingredient;
exogenous applications of RNA to
elicit the RNA interference pathway
in pests; no petition since a
permanent tolerance/tolerance
exemption is already established for
the active ingredient(s). (5) (12)
----------------------------------------------------------------------------------------------------------------
B930 192 Application to amend or extend a non- 3 18,296
(new) PIP Emerging Technologies
Experimental Use Permit; no petition
since the established tolerance/
tolerance exemption for the active
ingredient is unaffected. (12)
----------------------------------------------------------------------------------------------------------------
B931 193 Application to amend or extend a non- 9 45,737
(new) PIP Emerging Technologies
Experimental Use Permit; with
petition to extend a temporary
tolerance/tolerance exemption for the
active ingredient. (12)
----------------------------------------------------------------------------------------------------------------
B932 194 Amendment; application to amend a non- 6 18,296
(new) PIP Emerging Technologies
registration. (4) (5) (12)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) `New PIP' means a PIP with an active ingredient that has not been registered.
(3) `Registered PIP' means a PIP with an active ingredient that is currently registered.
(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to
sweet corn.
(5) If, during review of the application, it is determined that review by the FIFRA Scientific Advisory Panel
(SAP) is needed, the applicant will submit an application for category B905, which will be processed
concurrently, and the decision review time for both applications will be the longer of the two associated
applications. The scientific data involved in this category are complex. EPA often seeks technical advice from
the SAP on risks that pesticides pose to wildlife, farm workers, pesticide applicators, non-target species,
insect resistance, and novel scientific issues surrounding new technologies. The scientists of the SAP neither
make nor recommend policy decisions. They provide advice on the science used to make these decisions. Their
advice is invaluable to the EPA as it strives to protect humans and the environment from risks posed by
pesticides. Due to the time it takes to schedule and prepare for meetings with the SAP, additional time and
costs are needed.
(6) Registered PIPs stacked through conventional breeding.
(7) Deployment of a registered PIP with a different Insecticide Resistance Management (IRM) plan (e.g., seed
blend).
(8) The negotiated acreage cap will depend upon EPA's determination of the potential environmental exposure,
risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal
substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type
of non-target organism data submitted and the lack of insect resistance management data, which is usually not
required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission
of a registration application in this category.
(9) Application can be submitted prior to or concurrently with an application for commercial registration.
(10) For example, IRM plan modifications that are applicant-initiated.
[[Page H10511]]
(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)
----------------------------------------------------------------------------------------------------------------
[[Page H10512]]
I014 208 Approval of additional non-food use 15 36,074
for previously approved safener. (2)
----------------------------------------------------------------------------------------------------------------
I015 209 Approval of new generic data for 26 386,589
previously approved food use safener.
(2)
----------------------------------------------------------------------------------------------------------------
I016 210 Approval of amendment(s) to tolerance 15 79,942
and label for previously approved
safener. (2)
----------------------------------------------------------------------------------------------------------------
I017 211 (new) Add new source of previously approved 8 18,958
safener.
----------------------------------------------------------------------------------------------------------------
I018 212 (new) Petition to add one approved inert 3 2,371
ingredient (CASRN) to the Commodity
Inert Ingredient List; no data. (4)
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) If another covered application is submitted that depends upon an application to approve an inert ingredient,
each application will be subject to its respective registration service fee. The decision review time for both
submissions will be the longest of the associated applications. If the application covers multiple ingredients
grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
those ingredients.
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
previously subject to such a clearance, then review of the data for such clearance of such product is not
subject to a registration service fee for the tolerance action for two years from the effective date of the
rule.
(4) Due to low fee and short time frame this category is not eligible for small business waivers.
``TABLE 19. -- EXTERNAL REVIEW AND MISCELLANEOUS ACTIONS
----------------------------------------------------------------------------------------------------------------
Registration
EPA No. New CR Action Decision Review Time Service Fee
No. (Months)(1) ($)
----------------------------------------------------------------------------------------------------------------
M001 213 Study protocol requiring Human Studies 14 11,378
Review Board review as defined in 40
CFR Part 26 in support of a currently
registered active ingredient.
----------------------------------------------------------------------------------------------------------------
M002 214 Completed study requiring Human 14 11,378
Studies Review Board review as
defined in 40 CFR Part 26 in support
of an active ingredient. (2)
----------------------------------------------------------------------------------------------------------------
M003 215 External technical peer review of new 12 91,651
active ingredient, product, or
amendment (e.g., consultation with
FIFRA Scientific Advisory Panel) for
an action with a decision timeframe
of less than 12 months. Applicant
initiated request based on a
requirement of the Administrator, as
defined by FIFRA Sec. 25(d), in
support of a novel active ingredient,
or unique use pattern or application
technology. Excludes PIP active
.ingredients. (3)
----------------------------------------------------------------------------------------------------------------
M004 216 External technical peer review of new 18 91,651
active ingredient, product, or
amendment (e.g., consultation with
FIFRA Scientific Advisory Panel) for
an action with a decision timeframe
of greater than 12 months. Applicant
initiated request based on a
requirement of the Administrator, as
defined by FIFRA Sec. 25(d), in
support of a novel active ingredient,
or unique use pattern or application
technology. Excludes PIP active
ingredients. (3)
----------------------------------------------------------------------------------------------------------------
M005 217 New Product: Combination, Contains a 9 31,604
combination of active ingredients
from a registered and/or unregistered
source; conventional, antimicrobial
and/or biopesticide. Requires
coordination with other regulatory
divisions to conduct review of data,
label and/or verify the validity of
existing data as cited. Only existing
uses for each active ingredient in
the combination product. (4) (5) (6)
----------------------------------------------------------------------------------------------------------------
[[Page H10513]]
M006 218 Request for up to 5 letters of 1 398
certification (Gold Seal) for one
actively registered product (excludes
distributor products). (7)
----------------------------------------------------------------------------------------------------------------
M007 219 Request to extend Exclusive Use of 12 7,903
data as provided by FIFRA Section
3(c)(1)(F)(ii).
----------------------------------------------------------------------------------------------------------------
M008 220 Request to grant Exclusive Use of data 15 2,371
as provided by FIFRA Section
3(c)(1)(F)(vi) for a minor use, when
a FIFRA Section 2(ll)(2)
determination is required.
----------------------------------------------------------------------------------------------------------------
M009 221 Non-FIFRA Regulated Determination; 6 3,389
applicant-initiated, per product.
----------------------------------------------------------------------------------------------------------------
M010 222 Conditional ruling on pre-application, 4 3,389
product substantial similarity.
----------------------------------------------------------------------------------------------------------------
M011 223 Label amendment to add the DfE logo; 4 5,230
requires data review; no other label
changes. (8)
----------------------------------------------------------------------------------------------------------------
M012 224 (new) Request for up to 5 letters of 1 398
certification (Certificate of
Establishment) for one actively
registered product or one product
produced for export (excludes
distributor products). (7)
----------------------------------------------------------------------------------------------------------------
M013 225 (new) Cancer reassessment; applicant- 18 284,144
initiated.
----------------------------------------------------------------------------------------------------------------
M014 227 (new) Pre-application nano-particle 8 17,424
determination.
----------------------------------------------------------------------------------------------------------------
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
to end on the next business day.
(2) Any other covered application that is associated with and dependent on the review by the Human Studies
Review Board will be subject to its separate registration service fee. The decision review times for the
associated actions run concurrently, but will end at the date of the latest review time.
(3) Any other covered application that is associated with and dependent on the FIFRA Scientific Advisory Panel
review will be subject to its separate registration service fee. The decision review time for the associated
action will be extended by the decision review time for the SAP review.
(4) If another covered application is submitted that depends upon an application to approve an inert ingredient,
each application will be subject to its respective registration service fee. The decision review time for both
submissions will be the longest of the associated applications. If the application covers multiple ingredients
grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
those ingredients.
(5) An application for a new end-use product using a source of active ingredient that (a) is not yet registered
but (b) has an application pending with the Agency for review, will be considered an application for a new
product with an unregistered source of active ingredient.
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision
review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
stamped label to the registrant within 2 business days following the registrant's written or electronic
confirmation of agreement to the Agency.
(7) Due to low fee and short time frame this category is not eligible for small business waivers.
(8) This category includes amendments the sole purpose of which is to add `Design for the Environment' (DfE) (or
equivalent terms that do not use `safe' or derivatives of `safe') logos to a label. DfE is a voluntary
program. A label bearing a DfE logo is not considered an Agency endorsement because the ingredients in the
qualifying product must meet objective, scientific criteria established and widely publicized by EPA.''.
SEC. 707. INFORMATION.
Not later than 180 days after the date of enactment of this
title, the Administrator of the Environmental Protection
Agency shall post on a single webpage of the website of the
Environmental Protection Agency aggregated information on
pesticide regulation under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
including--
[[Page H10514]]
(1) all guidance relating to risk assessment, risk
mitigation, benefits assessments, and cost-benefit balancing;
(2) hyperlinks to resources, including the Department of
Agriculture's ``national list of allowed and prohibited
substances'' for organic crop and livestock production;
(3) biopesticides and pesticides exempt pursuant to section
25(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w(b)); and
(4) integrated pest management principles developed under
section 28(c) of such Act (7 U.S.C. 136w-3(c)), including
technical assistance for implementation of those principles.
SEC. 708. IMPLEMENTATION DATES WITH RESPECT TO FEES.
(a) Fee Increases.--
(1) Registration service fees.--With respect to amendments
made by this title to increase registration service fees
specified in section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), such
increases shall not be effective until the date that is 60
days after the date of the enactment of this title,
regardless of whether such section 33 specifies (as so
amended) that such increases are effective for fiscal year
2023.
(2) Maintenance fees.--With respect to amendments made by
this title to increase the amount of maintenance fees to be
collected under section 4(i) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)), such
increases shall be effective beginning on October 1, 2022.
(b) Set-asides.--With respect to any set-asides specified
in subsection (i) or (k) of section 4 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1), such set-asides shall be effective beginning on October
1, 2022.
Subtitle B--Other Matters Relating to Pesticides
SEC. 711. REGISTRATION REVIEW DEADLINE EXTENSION.
(a) In General.--Notwithstanding section 3(g)(1)(A)(iii)(I)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(g)(1)(A)(iii)(I)), the Administrator of the
Environmental Protection Agency (referred to in this section
as the ``Administrator'') shall complete the initial
registration review of each pesticide or pesticide case
covered by that section not later than October 1, 2026.
(b) Interim Registration Review Decision Requirements.--
(1) Definition of covered interim registration review
decision.--In this subsection, the term ``covered interim
registration review decision'' means an interim registration
review decision--
(A) that is associated with an initial registration review
described in subsection (a);
(B) that is noticed in the Federal Register during the
period beginning on the date of enactment of this Act and
ending on October 1, 2026; and
(C) for which the Administrator has not, as of the date on
which the decision is noticed in the Federal Register, made
effects determinations or completed any necessary
consultation under section 7(a)(2) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(a)(2)).
(2) Requirements.--Any covered interim registration review
decision shall include, where applicable, measures to reduce
the effects of the applicable pesticide on--
(A) species listed under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
(B) any designated critical habitat.
(3) Consultation.--In developing measures described in
paragraph (2), the Administrator shall take into account the
input received from the Secretary of Agriculture and other
members of the interagency working group established under
section 3(c)(11) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(c)(11)).
DIVISION II--PREGNANT WORKERS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Pregnant Workers
Fairness Act''.
SEC. 102. DEFINITIONS.
As used in this division--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ``covered entity''--
(A) has the meaning given the term ``respondent'' in
section 701(n) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(n)); and
(B) includes--
(i) an employer, which means a person engaged in industry
affecting commerce who has 15 or more employees as defined in
section 701(b) of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e(b));
(ii) an employing office, as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301) and
section 411(c) of title 3, United States Code;
(iii) an entity employing a State employee described in
section 304(a) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16c(a)); and
(iv) an entity to which section 717(a) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-16(a)) applies;
(3) the term ``employee'' means--
(A) an employee (including an applicant), as defined in
section 701(f) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(f));
(B) a covered employee (including an applicant), as defined
in section 101 of the Congressional Accountability Act of
1995 (2 U.S.C. 1301), and an individual described in section
201(d) of that Act (2 U.S.C. 1311(d));
(C) a covered employee (including an applicant), as defined
in section 411(c) of title 3, United States Code;
(D) a State employee (including an applicant) described in
section 304(a) of the Government Employee Rights Act of 1991
(42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which section
717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(4) the term ``known limitation'' means physical or mental
condition related to, affected by, or arising out of
pregnancy, childbirth, or related medical conditions that the
employee or employee's representative has communicated to the
employer whether or not such condition meets the definition
of disability specified in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
(5) the term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a));
(6) the term ``qualified employee'' means an employee or
applicant who, with or without reasonable accommodation, can
perform the essential functions of the employment position,
except that an employee or applicant shall be considered
qualified if--
(A) any inability to perform an essential function is for a
temporary period;
(B) the essential function could be performed in the near
future; and
(C) the inability to perform the essential function can be
reasonably accommodated; and
(7) the terms ``reasonable accommodation'' and ``undue
hardship'' have the meanings given such terms in section 101
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12111) and shall be construed as such terms are construed
under such Act and as set forth in the regulations required
by this division, including with regard to the interactive
process that will typically be used to determine an
appropriate reasonable accommodation.
SEC. 103. NONDISCRIMINATION WITH REGARD TO REASONABLE
ACCOMMODATIONS RELATED TO PREGNANCY.
It shall be an unlawful employment practice for a covered
entity to--
(1) not make reasonable accommodations to the known
limitations related to the pregnancy, childbirth, or related
medical conditions of a qualified employee, unless such
covered entity can demonstrate that the accommodation would
impose an undue hardship on the operation of the business of
such covered entity;
(2) require a qualified employee affected by pregnancy,
childbirth, or related medical conditions to accept an
accommodation other than any reasonable accommodation arrived
at through the interactive process referred to in section
102(7);
(3) deny employment opportunities to a qualified employee
if such denial is based on the need of the covered entity to
make reasonable accommodations to the known limitations
related to the pregnancy, childbirth, or related medical
conditions of the qualified employee;
(4) require a qualified employee to take leave, whether
paid or unpaid, if another reasonable accommodation can be
provided to the known limitations related to the pregnancy,
childbirth, or related medical conditions of the qualified
employee; or
(5) take adverse action in terms, conditions, or privileges
of employment against a qualified employee on account of the
employee requesting or using a reasonable accommodation to
the known limitations related to the pregnancy, childbirth,
or related medical conditions of the employee.
SEC. 104. REMEDIES AND ENFORCEMENT.
(a) Employees Covered by Title VII of the Civil Rights Act
of 1964.--
(1) In general.--The powers, remedies, and procedures
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person alleging a
violation of title VII of such Act (42 U.S.C. 2000e et seq.)
shall be the powers, remedies, and procedures this division
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment
practice in violation of this division against an employee
described in section 102(3)(A) except as provided in
paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
Commission, the Attorney General, or any person alleging such
practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission, the
Attorney General, or any person alleging such practice (not
an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(b) Employees Covered by Congressional Accountability Act
of 1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) for the purposes of addressing
allegations of violations of section 201(a)(1) of such Act (2
U.S.C. 1311(a)(1)) shall be the powers, remedies, and
procedures this division provides to address an allegation of
an unlawful employment practice in violation of this division
against an employee described in section 102(3)(B), except as
provided in paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) for the purposes of
addressing allegations of such a violation shall be the
powers, remedies, and procedures this division provides to
address allegations of such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised
[[Page H10515]]
Statutes (42 U.S.C. 1981a), including the limitations
contained in subsection (b)(3) of such section 1977A, for
purposes of addressing allegations of such a violation, shall
be the powers, remedies, and procedures this division
provides to address any allegation of such practice (not an
employment practice specifically excluded from coverage under
section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(c) Employees Covered by Chapter 5 of Title 3, United
States Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection
Board, or any person alleging a violation of section
411(a)(1) of such title shall be the powers, remedies, and
procedures this division provides to the President, the
Commission, the Board, or any person, respectively, alleging
an unlawful employment practice in violation of this division
against an employee described in section 102(3)(C), except as
provided in paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
President, the Commission, the Board, or any person alleging
such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the President, the
Commission, the Board, or any person alleging such practice
(not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes
(42 U.S.C. 1981a(a)(1))).
(d) Employees Covered by Government Employee Rights Act of
1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b; 2000e-16c) to the
Commission or any person alleging a violation of section
302(a)(1) of such Act (42 U.S.C. 2000e-16b(a)(1)) shall be
the powers, remedies, and procedures this division provides
to the Commission or any person, respectively, alleging an
unlawful employment practice in violation of this division
against an employee described in section 102(3)(D), except as
provided in paragraphs (2) and (3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
Commission or any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission or any
person alleging such practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(e) Employees Covered by Section 717 of the Civil Rights
Act of 1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person alleging a violation of
that section shall be the powers, remedies, and procedures
this division provides to the Commission, the Attorney
General, the Librarian of Congress, or any person,
respectively, alleging an unlawful employment practice in
violation of this division against an employee described in
section 102(3)(E), except as provided in paragraphs (2) and
(3) of this subsection.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (42 U.S.C. 1988) shall be the powers,
remedies, and procedures this division provides to the
Commission, the Attorney General, the Librarian of Congress,
or any person alleging such practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
including the limitations contained in subsection (b)(3) of
such section 1977A, shall be the powers, remedies, and
procedures this division provides to the Commission, the
Attorney General, the Librarian of Congress, or any person
alleging such practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes (42 U.S.C. 1981a(a)(1))).
(f) Prohibition Against Retaliation.--
(1) In general.--No person shall discriminate against any
employee because such employee has opposed any act or
practice made unlawful by this division or because such
employee made a charge, testified, assisted, or participated
in any manner in an investigation, proceeding, or hearing
under this division.
(2) Prohibition against coercion.--It shall be unlawful to
coerce, intimidate, threaten, or interfere with any
individual in the exercise or enjoyment of, or on account of
such individual having exercised or enjoyed, or on account of
such individual having aided or encouraged any other
individual in the exercise or enjoyment of, any right granted
or protected by this division.
(3) Remedy.--The remedies and procedures otherwise provided
for under this section shall be available to aggrieved
individuals with respect to violations of this subsection.
(g) Limitation.--Notwithstanding subsections (a)(3),
(b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment
practice involves the provision of a reasonable accommodation
pursuant to this division or regulations implementing this
division, damages may not be awarded under section 1977A of
the Revised Statutes (42 U.S.C. 1981a) if the covered entity
demonstrates good faith efforts, in consultation with the
employee with known limitations related to pregnancy,
childbirth, or related medical conditions who has informed
the covered entity that accommodation is needed, to identify
and make a reasonable accommodation that would provide such
employee with an equally effective opportunity and would not
cause an undue hardship on the operation of the covered
entity.
SEC. 105. RULEMAKING.
(a) EEOC Rulemaking.--Not later than 1 year after the date
of enactment of this Act, the Commission shall issue
regulations in an accessible format in accordance with
subchapter II of chapter 5 of title 5, United States Code, to
carry out this division. Such regulations shall provide
examples of reasonable accommodations addressing known
limitations related to pregnancy, childbirth, or related
medical conditions.
(b) OCWR Rulemaking.--
(1) In general.--Not later than 6 months after the
Commission issues regulations under subsection (a), the Board
(as defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301)) shall (in
accordance with section 304 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1384)), issue
regulations to implement the provisions of this division made
applicable to employees described in section 102(3)(B), under
section 104(b).
(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Commission under subsection (a)
except to the extent that the Board may determine, for good
cause shown and stated together with the regulations issued
under paragraph (1) that a modification of such substantive
regulations would be more effective for the implementation of
the rights and protection under this division.
SEC. 106. WAIVER OF STATE IMMUNITY.
A State shall not be immune under the 11th Amendment to the
Constitution from an action in a Federal or State court of
competent jurisdiction for a violation of this division. In
any action against a State for a violation of this division,
remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such
remedies are available for such a violation in an action
against any public or private entity other than a State.
SEC. 107. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this division shall be
construed--
(1) to invalidate or limit the powers, remedies, and
procedures under any Federal law or law of any State or
political subdivision of any State or jurisdiction that
provides greater or equal protection for individuals affected
by pregnancy, childbirth, or related medical conditions; or
(2) by regulation or otherwise, to require an employer-
sponsored health plan to pay for or cover any particular
item, procedure, or treatment or to affect any right or
remedy available under any other Federal, State, or local law
with respect to any such payment or coverage requirement.
(b) Rule of Construction.--This division is subject to the
applicability to religious employment set forth in section
702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
1(a)).
SEC. 108. SEVERABILITY.
If any provision of this division or the application of
that provision to particular persons or circumstances is held
invalid or found to be unconstitutional, the remainder of
this division and the application of that provision to other
persons or circumstances shall not be affected.
SEC. 109. EFFECTIVE DATE.
This division shall take effect on the date that is 180
days after the date of enactment of this Act.
DIVISION JJ--NORTH ATLANTIC RIGHT WHALES
TITLE I--NORTH ATLANTIC RIGHT WHALES AND REGULATIONS
SEC. 101. NORTH ATLANTIC RIGHT WHALES AND REGULATIONS.
(a) In General.--Notwithstanding any other provision of law
except as provided in subsection (b), for the period
beginning on the date of enactment of this Act and ending on
December 31, 2028, the Final Rule amending the regulations
implementing the Atlantic Large Whale Take Reduction Plan (86
Fed. Reg. 51970) shall be deemed sufficient to ensure that
the continued Federal and State authorizations of the
American lobster and Jonah crab fisheries are in full
compliance with the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.). The National Marine Fisheries
Service shall--
(1) throughout the period described in the preceding
sentence, in consultation with affected States and fishing
industry participants, promote the innovation and adoption of
gear technologies in the fisheries described in the preceding
sentence, in order to implement additional whale protection
measures by December 31, 2028;
(2) promulgate new regulations for the American lobster and
Jonah crab fisheries consistent with the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
take effect by December 31, 2028, utilizing existing and
innovative gear technologies, as appropriate; and
(3) in consultation with affected States, submit an annual
report to Congress on the status of North Atlantic Right
Whales, the actions taken and plans to implement measures
expected to not exceed Potential Biological Removal by
December 31, 2028, the amount of serious injury and mortality
by fishery and country, and the
[[Page H10516]]
proportion of the American lobster and Jonah crab fisheries
that have transitioned to innovative gear technologies that
reduce harm to the North Atlantic Right Whale.
(b) Exception.--The provisions of subsection (a) shall not
apply to an existing emergency rule, or any action taken to
extend or make final an emergency rule that is in place on
the date of enactment of this Act, affecting lobster and
Jonah crab.
TITLE II--GRANT AUTHORITY
SEC. 201. CONSERVATION AND MITIGATION ASSISTANCE.
(a) Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere (in this title referred to as the ``Under
Secretary'') shall establish a program to provide competitive
financial assistance, on an annual basis, and cooperative
agreements including multiyear grants and direct payment, to
eligible entities for eligible uses, such as projects
designed to reduce the lethal and sub-lethal effects of human
activities on North Atlantic right whales.
(2) Use of existing authorities.--Assistance provided under
this section shall be carried out in a manner consistent with
authorities available to the Secretary under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
(3) Cooperative agreements.--The Under Secretary may enter
into cooperative agreements with the National Fish and
Wildlife Foundation established by the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.) to carry out this title.
(b) Eligible Entities.--An entity is an eligible entity for
purposes of assistance awarded under subsection (a) if the
entity is--
(1) a relevant port authority for a port;
(2) a relevant State, regional, local, or Tribal
government;
(3) any other individual or entity, as determined
appropriate by the Under Secretary, including--
(A) an owner or operator of a vessel, as defined under
section 3 of title 1, United States Code; and
(B) participants within sectors of the maritime industry,
such as boating, shipping, fishing, fishing gear and rope
manufacturing, and other maritime activities;
(4) a nonprofit organization or research institution with
expertise in commercial fisheries, gear innovation, and North
Atlantic right whale conservation; or
(5) a consortium of entities described in paragraphs (1)
through (4).
(c) Eligible Uses.--Assistance awarded under subsection (a)
may be used to develop, assess, and carry out activities that
reduce human induced threats to North Atlantic right whales,
including--
(1) funding research to identify, deploy, or test
innovative gear technologies;
(2) subsidizing acquisition of innovative gear technologies
to improve adoption of those technologies by fisheries
participants, which may include direct payment to fisheries
participants;
(3) training for fisheries participants to improve
deployment, safety, and adoption of innovative gear
technologies;
(4) funding for monitoring necessary to support dynamic
management of fisheries, vessel traffic, or other needs; and
(5) other uses as determined by the Under Secretary in
consultation with relevant eligible entities.
(d) Priority.--In determining whether to fund project
proposals under this section, the Under Secretary shall
prioritize projects--
(1) with a substantial likelihood of reducing lethal and
sub-lethal effects on North Atlantic right whales from
fishing gear entanglements or vessel collisions;
(2) that include cooperation with fishing industry
participants or other private sector stakeholders; and
(3) that demonstrate, or have the potential to provide,
economic benefits to small businesses based in the United
States.
(e) Prohibited Uses.--
(1) In general.--Except as provided in paragraph (2), funds
awarded under this section may not be used to distribute
resources to an entity or individual that is not a United
States person (as defined in section 7701(a)(3) of the
Internal Revenue Code of 1986).
(2) Exception.--Funds awarded under this section may be
used to distribute resources to a partnership that includes
an entity or individual that is not a United States person
(as defined in section 7701(a)(30) of the Internal Revenue
Code of 1986) if the resources are distributed directly to a
partner in the partnership that is a United States person (as
so defined).
(f) Project Reporting.--
(1) In general.--Each individual or entity that receives
assistance under this section for a project shall submit to
the Under Secretary periodic reports (at such intervals as
the Under Secretary may require) that include all information
that the Under Secretary, after consultation with other
government officials, determines is necessary to evaluate the
progress and success of the project for the purposes of
ensuring positive results, assessing problems, and fostering
improvements.
(2) Availability to the public.--Reports under paragraph
(1) shall be made available to the public in a timely manner.
SEC. 202. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this
Act, and every 5 years thereafter, the Under Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the
results and effectiveness of projects receiving assistance
provided under this title.
SEC. 203. FUNDING.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to the Under Secretary to carry out this title $50,000,000
(of which not less than $40,000,000 shall be for innovative
gear deployment and technology) for each of fiscal years 2023
through 2032.
(2) Administrative expenses.--Of the amounts authorized to
be appropriated under this subsection for a fiscal year, the
Under Secretary may expend not more than 5 percent, or up to
$80,000, whichever is greater, to pay the administrative
expenses necessary to carry out this title.
(b) Acceptance and Use of Donations.--The Under Secretary
may accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, consistent with policy of the
Department of Commerce in effect on the date of enactment of
this Act, to provide assistance under section 201.
TITLE III--CONTINUOUS PLANKTON RECORDER
SEC. 301. SURVEY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an ongoing basis thereafter,
the Secretary of Commerce shall conduct a Continuous Plankton
Recorder survey.
(b) Required Elements.--For the purpose of conducting the
survey required under subsection (a), the Northeast Fisheries
Science Center shall--
(1) to the extent possible, utilize the resources of and
partner with, on a volunteer basis, research institutions,
nonprofit organizations, commercial vessels, and other
Federal agencies;
(2) in as short a time as possible, ensure relevant survey
samples and results are analyzed, stored, archived, and made
publicly available;
(3) prioritize the collection of plankton samples and data
that inform the conservation of North Atlantic right whales;
and
(4) to the extent practicable, coordinate with the
Government of Canada to develop a transboundary understanding
of plankton abundance and distribution.
(c) Authorization of Appropriations.--To carry out this
section there is authorized to be appropriated to the
Secretary of Commerce $300,000 for each of fiscal years 2023
through 2032, which shall be derived from existing funds
otherwise appropriated to the Secretary.
DIVISION KK--PUMP FOR NURSING MOTHERS ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Providing Urgent
Maternal Protections for Nursing Mothers Act'' or the ``PUMP
for Nursing Mothers Act''.
SEC. 102. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
(a) Expanding Employee Access to Break Time and Space.--The
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--
(1) in section 7 (29 U.S.C. 207), by striking subsection
(r); and
(2) by inserting after section 18C (29 U.S.C. 218c) the
following:
``SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
``(a) In General.--An employer shall provide--
``(1) a reasonable break time for an employee to express
breast milk for such employee's nursing child for 1 year
after the child's birth each time such employee has need to
express the milk; and
``(2) a place, other than a bathroom, that is shielded from
view and free from intrusion from coworkers and the public,
which may be used by an employee to express breast milk.
``(b) Compensation.--
``(1) In general.--Subject to paragraph (2), an employer
shall not be required to compensate an employee receiving
reasonable break time under subsection (a)(1) for any time
spent during the workday for such purpose unless otherwise
required by Federal or State law or municipal ordinance.
``(2) Relief from duties.--Break time provided under
subsection (a)(1) shall be considered hours worked if the
employee is not completely relieved from duty during the
entirety of such break.
``(c) Exemption for Small Employers.--An employer that
employs less than 50 employees shall not be subject to the
requirements of this section, if such requirements would
impose an undue hardship by causing the employer significant
difficulty or expense when considered in relation to the
size, financial resources, nature, or structure of the
employer's business.
``(d) Exemption for Crewmembers of Air Carriers.--
``(1) In general.--An employer that is an air carrier shall
not be subject to the requirements of this section with
respect to an employee of such air carrier who is a
crewmember
``(2) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the meaning
given such term in section 40102 of title 49, United States
Code.
``(B) Crewmember.--The term `crewmember' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations (or successor regulations).
``(e) Applicability to Rail Carriers.--
``(1) In general.--Except as provided in paragraph (2), an
employer that is a rail carrier shall be subject to the
requirements of this section.
``(2) Certain employees.--An employer that is a rail
carrier shall be subject to the requirements of this section
with respect to an employee of such rail carrier who is a
member of a train crew involved in the movement of a
locomotive or rolling stock or who is an employee
[[Page H10517]]
who maintains the right of way, provided that compliance with
the requirements of this section does not--
``(A) require the employer to incur significant expense,
such as through the addition of such a member of a train crew
in response to providing a break described in subsection
(a)(1) to another such member of a train crew, removal or
retrofitting of seats, or the modification or retrofitting of
a locomotive or rolling stock; or
``(B) result in unsafe conditions for an individual who is
an employee who maintains the right of way.
``(3) Significant expense.--For purposes of paragraph
(2)(A), it shall not be considered a significant expense to
modify or retrofit a locomotive or rolling stock by
installing a curtain or other screening protection.
``(4) Definitions.--In this subsection:
``(A) Employee who maintains the right of way.--The term
`employee who maintains the right of way' means an employee
who is a safety-related railroad employee described in
section 20102(4)(C) of title 49, United States Code.
``(B) Rail carrier.--The term `rail carrier' means an
employer described in section 13(b)(2).
``(C) Train crew.--The term `train crew' has the meaning
given such term as used in chapter II of subtitle B of title
49, Code of Federal Regulations (or successor regulations).
``(f) Applicability to Motorcoach Services Operators.--
``(1) In general.--Except as provided in paragraph (2), an
employer that is a motorcoach services operator shall be
subject to the requirements of this section.
``(2) Employees who are involved in the movement of a
motorcoach.--An employer that is a motorcoach services
operator shall be subject to the requirements of this section
with respect to an employee of such motorcoach services
operator who is involved in the movement of a motorcoach
provided that compliance with the requirements of this
section does not--
``(A) require the employer to incur significant expense,
such as through the removal or retrofitting of seats, the
modification or retrofitting of a motorcoach, or unscheduled
stops; or
``(B) result in unsafe conditions for an employee of a
motorcoach services operator or a passenger of a motorcoach.
``(3) Significant expense.--For purposes of paragraph
(2)(A), it shall not be considered a significant expense--
``(A) to modify or retrofit a motorcoach by installing a
curtain or other screening protection if an employee requests
such a curtain or other screening protection; or
``(B) for an employee to use scheduled stop time to express
breast milk.
``(4) Definitions.--In this subsection:
``(A) Motorcoach; motorcoach services.--The terms
`motorcoach' and `motorcoach services' have the meanings
given the terms in section 32702 of the Motorcoach Enhanced
Safety Act of 2012 (49 U.S.C. 31136 note).
``(B) Motorcoach services operator.--The term `motorcoach
services operator' means an entity that offers motorcoach
services.
``(g) Notification Prior to Commencement of Action.--
``(1) In general.--Except as provided in paragraph (2),
before commencing an action under section 16(b) for a
violation of subsection (a)(2), an employee shall--
``(A) notify the employer of such employee of the failure
to provide the place described in such subsection; and
``(B) provide the employer with 10 days after such
notification to come into compliance with such subsection
with respect to the employee.
``(2) Exceptions.--Paragraph (1) shall not apply in a case
in which--
``(A) the employee has been discharged because the
employee--
``(i) has made a request for the break time or place
described in subsection (a); or
``(ii) has opposed any employer conduct related to this
section; or
``(B) the employer has indicated that the employer has no
intention of providing the place described in subsection
(a)(2).
``(h) Interaction With State and Federal Law.--
``(1) Laws providing greater protection.--Nothing in this
section shall preempt a State law or municipal ordinance that
provides greater protections to employees than the
protections provided for under this section.
``(2) No effect on title 49 preemption.--This section shall
have no effect on the preemption of a State law or municipal
ordinance that is preempted under subtitle IV, V, or VII of
title 49, United States Code.''.
(b) Clarifying Remedies.--The Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 15(a) (29 U.S.C. 215(a))--
(A) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(B) by adding at the end the following:
``(6) to violate any of the provisions of section 18D.'';
and
(2) in section 16(b) (29 U.S.C. 216(b)), by striking
``15(a)(3)'' each place the term appears and inserting
``15(a)(3) or 18D''.
(c) Authorizing Employees to Temporarily Obscure the Field
of View of an Image Recording Device on a Locomotive or
Rolling Stock While Expressing Breast Milk.--Section 20168(f)
of title 49, United States Code, is amended--
(1) by striking ``A railroad carrier'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), a
railroad carrier''; and
(2) by adding at the end the following:
``(2) Temporarily obscuring field of view of an image
recording device while expressing breast milk.--
``(A) In general.--For purposes of expressing breast milk,
an employee may temporarily obscure the field of view of an
image recording device required under this section if the
passenger train on which such device is installed is not in
motion.
``(B) Resuming operation.--The crew of a passenger train on
which an image recording device has been obscured pursuant to
subparagraph (A) shall ensure that such image recording
device is no longer obscured immediately after the employee
has finished expressing breast milk and before resuming
operation of the passenger train.''.
SEC. 103. EFFECTIVE DATE.
(a) Expanding Access.--The amendments made by section
102(a) shall take effect on the date of enactment of this
Act.
(b) Remedies and Clarification.--The amendments made by
section 102(b) shall take effect on the date that is 120 days
after the date of enactment of this Act.
(c) Authorizing Employees to Temporarily Obscure the Field
of View of an Image Recording Device on a Locomotive or
Rolling Stock While Expressing Breast Milk.--The amendments
made by section 102(c) shall take effect on the date of
enactment of this Act.
(d) Application of Law to Employees of Rail Carriers.--
(1) In general.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are members of a train crew involved in the
movement of a locomotive or rolling stock or who are
employees who maintain the right of way of an employer that
is a rail carrier until the date that is 3 years after the
date of enactment of this Act.
(2) Definitions.--In this subsection:
(A) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(B) Employees who maintains the right of way; rail carrier;
train crew.--The terms ``employee who maintains the right of
way'', ``rail carrier'', and ``train crew'' have the meanings
given such terms in section 18D(e)(4) of the Fair Labor
Standards Act of 1938, as added by section 102(a).
(e) Application of Law to Employees of Motorcoach Services
Operators.--
(1) In general.--Section 18D of the Fair Labor Standards
Act of 1938 (as added by section 102(a)) shall not apply to
employees who are involved in the movement of a motorcoach of
an employer that is a motorcoach services operator until the
date that is 3 years after the date of enactment of this Act.
(2) Definitions.--In this subsection:
(A) Employee; employer.--The terms ``employee'' and
``employer'' have the meanings given such terms in section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(B) Motorcoach; motorcoach services operator.--The terms
``motorcoach'' and ``motorcoach services operator'' have the
meanings given such terms in section 18D(f)(4) of the Fair
Labor Standards Act of 1938, as added by section 102(a).
DIVISION LL--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
SEC. 101. SHORT TITLE.
This division may be cited as the ``State, Local, Tribal,
and Territorial Fiscal Recovery, Infrastructure, and Disaster
Relief Flexibility Act''.
SEC. 102. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR
INFRASTRUCTURE PROJECTS.
(a) In General.--Title VI of the Social Security Act (42
U.S.C. 801 et seq.), as amended by section 40909 of the
Infrastructure Investment and Jobs Act, is amended--
(1) in section 602--
(A) in subsection (a)(1), by inserting ``(except as
provided in subsection (c)(5))'' after ``December 31, 2024'';
and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``paragraph (3)'' and inserting ``paragraphs (3), (4), and
(5)'';
(II) by amending subparagraph (C) to read as follows:
``(C) for the provision of government services up to an
amount equal to the greater of--
``(i) the amount of the reduction in revenue of such State,
territory, or Tribal government due to the COVID-19 public
health emergency relative to revenues collected in the most
recent full fiscal year of the State, territory, or Tribal
government prior to the emergency; or
``(ii) $10,000,000;'';
(III) in subparagraph (D), by striking the period at the
end and inserting ``; or''; and
(IV) by adding at the end the following new subparagraph:
``(E) to provide emergency relief from natural disasters or
the negative economic impacts of natural disasters, including
temporary emergency housing, food assistance, financial
assistance for lost wages, or other immediate needs.''; and
(ii) by adding at the end the following new paragraph:
``(5) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Subject to subparagraph (C),
notwithstanding any other provision of law, a State,
territory, or Tribal government receiving a payment under
this section may use funds provided under such payment for
projects described in subparagraph (B), including, to the
extent consistent with guidance or rules issued by the
Secretary or the head of a Federal agency to which the
Secretary has delegated authority pursuant to subparagraph
(C)(iv)--
``(i) in the case of a project eligible under section 117
of title 23, United States Code, or section 5309 or 6701 of
title 49, United States Code,
[[Page H10518]]
to satisfy a non-Federal share requirement applicable to such
a project; and
``(ii) in the case of a project eligible for credit
assistance under the TIFIA program under chapter 6 of title
23, United States Code--
``(I) to satisfy a non-Federal share requirement applicable
to such a project; and
``(II) to repay a loan provided under such program.
``(B) Projects described.--A project referred to in
subparagraph (A) is any of the following:
``(i) A project eligible under section 117 of title 23,
United States Code.
``(ii) A project eligible under section 119 of title 23,
United States Code.
``(iii) A project eligible under section 124 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(iv) A project eligible under section 133 of title 23,
United States Code.
``(v) An activity to carry out section 134 of title 23,
United States Code.
``(vi) A project eligible under section 148 of title 23,
United States Code.
``(vii) A project eligible under section 149 of title 23,
United States Code.
``(viii) A project eligible under section 151(f) of title
23, United States Code, as added by the Infrastructure
Investment and Jobs Act.
``(ix) A project eligible under section 165 of title 23,
United States Code.
``(x) A project eligible under section 167 of title 23,
United States Code.
``(xi) A project eligible under section 173 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(xii) A project eligible under section 175 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(xiii) A project eligible under section 176 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(xiv) A project eligible under section 202 of title 23,
United States Code.
``(xv) A project eligible under section 203 of title 23,
United States Code.
``(xvi) A project eligible under section 204 of title 23,
United States Code.
``(xvii) A project eligible under the program for national
infrastructure investments (commonly known as the `Rebuilding
American Infrastructure with Sustainability and Equity
(RAISE) grant program').
``(xviii) A project eligible for credit assistance under
the TIFIA program under chapter 6 of title 23, United States
Code.
``(xix) A project that furthers the completion of a
designated route of the Appalachian Development Highway
System under section 14501 of title 40, United States Code.
``(xx) A project eligible under section 5307 of title 49,
United States Code.
``(xxi) A project eligible under section 5309 of title 49,
United States Code.
``(xxii) A project eligible under section 5311 of title 49,
United States Code.
``(xxiii) A project eligible under section 5337 of title
49, United States Code.
``(xxiv) A project eligible under section 5339 of title 49,
United States Code.
``(xxv) A project eligible under section 6703 of title 49,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(xxvi) A project eligible under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.).
``(xxvii) A project eligible under the bridge replacement,
rehabilitation, preservation, protection, and construction
program under paragraph (1) under the heading `highway
infrastructure program' under the heading `Federal Highway
Administration' under the heading `DEPARTMENT OF
TRANSPORTATION' under title VIII of division J of the
Infrastructure Investment and Jobs Act.
``(C) Limitations; application of requirements.--
``(i) Limitation on amounts to be used for infrastructure
projects.--
``(I) In general.--The total amount that a State,
territory, or Tribal government may use from a payment made
under this section for uses described in subparagraph (A)
shall not exceed the greater of--
``(aa) $10,000,000; and
``(bb) 30 percent of such payment.
``(II) Rule of application.--The spending limitation under
subclause (I) shall not apply to any use of funds permitted
under paragraph (1), and any such use of funds shall be
disregarded for purposes of applying such spending
limitation.
``(ii) Limitation on operating expenses.--Funds provided
under a payment made under this section shall not be used for
operating expenses of a project described in clauses (xx)
through (xxiv) of subparagraph (B).
``(iii) Application of requirements.--Except as otherwise
determined by the Secretary or the head of a Federal agency
to which the Secretary has delegated authority pursuant to
clause (iv) or provided in this section--
``(I) the requirements of section 60102 of the
Infrastructure Investment and Jobs Act shall apply to funds
provided under a payment made under this section that are
used pursuant to subparagraph (A) for a project described in
clause (xxvi) of subparagraph (B) that relates to broadband
infrastructure;
``(II) the requirements of titles 23, 40, and 49 of the
United States Code, title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et.
seq) shall apply to funds provided under a payment made under
this section that are used for projects described in
subparagraph (B); and
``(III) a State government receiving a payment under this
section may use funds provided under such payment for
projects described in clauses (i) through (xxvii) of
subparagraph (B), as applicable, that--
``(aa) demonstrate progress in achieving a state of good
repair as required by the State's asset management plan under
section 119(e) of title 23, United States Code; and
``(bb) support the achievement of 1 or more performance
targets of the State established under section 150 of title
23, United States Code.
``(iv) Oversight.--The Secretary may delegate oversight and
administration of the requirements described in clause (iii)
to the appropriate Federal agency.
``(v) Supplement, not supplant.--Amounts from a payment
made under this section that are used by a State, territory,
or Tribal government for uses described in subparagraph (A)
shall supplement, and not supplant, other Federal, State,
territorial, Tribal, and local government funds (as
applicable) otherwise available for such uses.
``(D) Reports.--The Secretary, in consultation with the
Secretary of Transportation, shall provide periodic reports
on the use of funds by States, territories, and Tribal
governments under subparagraph (A).
``(E) Availability.--Funds provided under a payment made
under this section to a State, territory, or Tribal
government shall remain available for obligation for a use
described in subparagraph (A) through December 31, 2024,
except that no amount of such funds may be expended after
September 30, 2026.''; and
(2) in subsection 603--
(A) in subsection (a), by inserting ``(except as provided
in subsection (c)(6))'' after ``December 31, 2024''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3),
(4), (5), and (6)'';
(II) by amending subparagraph (C) to read as follows:
``(C) for the provision of government services up to an
amount equal to the greater of--
``(i) the amount of the reduction in revenue of such
metropolitan city, nonentitlement unit of local government,
or county due to the COVID-19 public health emergency
relative to revenues collected in the most recent full fiscal
year of the metropolitan city, nonentitlement unit of local
government, or county to the emergency; or
``(ii) $10,000,000;'';
(III) in subparagraph (D), by striking the period at the
end and inserting ``; or''; and
(IV) by adding at the end the following new subparagraph:
``(E) to provide emergency relief from natural disasters or
the negative economic impacts of natural disasters, including
temporary emergency housing, food assistance, financial
assistance for lost wages, or other immediate needs.''; and
(ii) by adding at the end the following new paragraph:
``(6) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Subject to subparagraph (B),
notwithstanding any other provision of law, a metropolitan
city, nonentitlement unit of local government, or county
receiving a payment under this section may use funds provided
under such payment for projects described in subparagraph (B)
of section 602(c)(5), including, to the extent consistent
with guidance or rules issued by the Secretary or the head of
a Federal agency to which the Secretary has delegated
authority pursuant to subparagraph (B)(iv)--
``(i) in the case of a project eligible under section 117
of title 23, United States Code, or section 5309 or 6701 of
title 49, United States Code, to satisfy a non-Federal share
requirement applicable to such a project; and
``(ii) in the case of a project eligible for credit
assistance under the TIFIA program under chapter 6 of title
23, United States Code--
``(I) to satisfy a non-Federal share requirement applicable
to such a project; and
``(II) to repay a loan provided under such program.
``(B) Limitations; application of requirements.--
``(i) Limitation on amounts to be used for infrastructure
projects.--
``(I) In general.--The total amount that a metropolitan
city, nonentitlement unit of local government, or county may
use from a payment made under this section for uses described
in subparagraph (A) shall not exceed the greater of--
``(aa) $10,000,000; and
``(bb) 30 percent of such payment.
``(II) Rule of application.--The spending limitation under
subclause (I) shall not apply to any use of funds permitted
under paragraph (1), and any such use of funds shall be
disregarded for purposes of applying such spending
limitation.
``(ii) Limitation on operating expenses.--Funds provided
under a payment made under this section shall not be used for
operating expenses of a project described in clauses (xx)
through (xxiv) of section 602(c)(5)(B).
``(iii) Application of requirements.--Except as otherwise
determined by the Secretary or the head of a Federal agency
to which the Secretary has delegated authority pursuant to
clause (iv) or provided in this section--
``(I) the requirements of section 60102 of the
Infrastructure Investment and Jobs Act shall apply to funds
provided under a payment made under this section that are
used pursuant to subparagraph (A) for a project described in
clause (xxvi) of section 602(c)(5)(B) that relates to
broadband infrastructure; and
``(II) the requirements of titles 23, 40, and 49 of the
United States Code, title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et.
seq) shall apply to funds provided under a payment made under
this section that are used for projects described in section
602(c)(5)(B).
[[Page H10519]]
``(iv) Oversight.--The Secretary may delegate oversight and
administration of the requirements described in clause (iii)
to the appropriate Federal agency.
``(v) Supplement, not supplant.--Amounts from a payment
made under this section that are used by a metropolitan city,
nonentitlement unit of local government, or county for uses
described in subparagraph (A) shall supplement, and not
supplant, other Federal, State, territorial, Tribal, and
local government funds (as applicable) otherwise available
for such uses.
``(C) Reports.--The Secretary, in consultation with the
Secretary of Transportation, shall provide periodic reports
on the use of funds by metropolitan cities, nonentitlement
units of local government, or counties under subparagraph
(A).
``(D) Availability.--Funds provided under a payment made
under this section to a metropolitan city, nonentitlement
unit of local government, or county shall remain available
for obligation for a use described in subparagraph (A)
through December 31, 2024, except that no amount of such
funds may be expended after September 30, 2026.''.
(b) Technical Amendments.--Sections 602(c)(3) and 603(c)(3)
of title VI of the Social Security Act (42 U.S.C. 802(c)(3),
803(c)(3)) are each amended by striking ``paragraph (17)
of''.
(c) Guidance and Effective Date.--
(1) Guidance or rule.--Within 60 days of the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Transportation, shall
issue guidance or promulgate a rule to carry out the
amendments made by this section, including updating reporting
requirements on the use of funds under this section.
(2) Effective date.--The amendments made by this section
shall take effect upon the issuance of guidance or the
promulgation of a rule described in paragraph (1).
(d) Department of the Treasury Administrative Expenses.--
(1) Reduction of funds available for administrative
expenses.--Title IV of division A of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) is
amended--
(A) in section 4003(f), by striking ``$100,000,000'' and
inserting ``61,000,000''; and
(B) in section 4112(b), by striking ``$100,000,000'' and
inserting ``$67,000,000''.
(2) Authority.--Notwithstanding any other provision of law,
the unobligated balances from amounts made available to the
Secretary of the Treasury (referred to in this subsection as
the ``Secretary'') for administrative expenses pursuant to
the provisions specified in paragraph (3) shall be available
to the Secretary (in addition to any other appropriations
provided for such purpose) for the purpose described in
paragraph (4) (subject to the limitation in such paragraph)
and for administrative expenses of the Department of the
Treasury, except for the Internal Revenue Service, determined
by the Secretary to be necessary to respond to the
coronavirus emergency, including any expenses necessary to
implement any provision of--
(A) the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136);
(B) division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260);
(C) the American Rescue Plan Act (Public Law 117-2); or
(D) title VI of the Social Security Act (42 U.S.C. 801 et
seq.).
(3) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Amounts made available under section 4027(a) of the
Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C.
9061(a)) to pay costs and administrative expenses under
section 4003(f) of such Act (15 U.S.C. 9042(f))) and amounts
made available by section 4120(a) of the Coronavirus Aid,
Relief, and Economic Security Act (15 U.S.C. 9080) to pay
costs and administrative expenses under section 4112(b) of
such Act (15 U.S.C. 9072(b)) (after application of the
amendments made by paragraph (1) of this subsection).
(B) Section 421(f)(2) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5)
of the American Rescue Plan Act of 2021 (Public Law 117-2).
(D) Section 602(a)(2) of the Social Security Act (42 U.S.C.
802(a)(2)).
(4) Payments to eligible revenue sharing consolidated
governments.--Of amounts made available under paragraph (2),
up to $10,600,000 shall be available to the Secretary (in
addition to any other appropriations provided for such
purpose) for making payments to eligible revenue sharing
consolidated governments under subsection (g) of section 605
of the Social Security Act (42 U.S.C. 805), as added by
section 103 of this Act.
SEC. 103. ALLOWING PAYMENTS TO ELIGIBLE REVENUE SHARING
CONSOLIDATED GOVERNMENTS FROM LOCAL ASSISTANCE
AND TRIBAL CONSISTENCY FUND.
(a) In General.--Section 605 of the Social Security Act (42
U.S.C. 805) is amended by adding at the end the following new
subsection:
``(g) Payments to Eligible Revenue Sharing Consolidated
Governments.--
``(1) Payments to eligible revenue sharing consolidated
governments for fiscal years 2023 and 2024.--The Secretary
shall allocate and pay to each eligible revenue sharing
consolidated government for each of fiscal years 2023 and
2024 an amount equal to the amount that the Secretary would
have allocated to such eligible revenue sharing consolidated
government for fiscal year 2022 if all eligible revenue
sharing consolidated governments had been treated as eligible
revenue sharing counties for purposes of being eligible for
payments under subsection (b)(1) for such fiscal year using
the allocation methodology adopted by the Department of the
Treasury for such eligible revenue sharing counties as of the
date of enactment of this subsection.
``(2) Funding for payments.--
``(A) In general.--The Secretary shall make the allocations
and payments described in paragraph (1) from the amounts
described in subparagraph (B), which shall be available to
the Secretary for such purpose notwithstanding any other
provision of law.
``(B) Amounts described.--The amounts described in this
subparagraph are the following:
``(i) Any amount allocated to an eligible revenue sharing
county under subsection (b)(1) for fiscal year 2022 or 2023
that, as of January 31, 2023, has not been requested by such
county.
``(ii) Amounts made available to the Secretary under
section 102(d)(4) of the State, Local, Tribal, and
Territorial Fiscal Recovery, Infrastructure, and Disaster
Relief Flexibility Act.''.
(b) Conforming Amendments.--Section 605 of the Social
Security Act (42 U.S.C. 805), as amended by subsection (a),
is further amended--
(1) in subsection (a), by inserting ``, subject to
subsection (g),'' after ``obligated'';
(2) in subsection (c), by striking ``or an eligible Tribal
government'' and inserting ``, an eligible Tribal government,
or an eligible revenue sharing consolidated government'';
(3) in subsections (d) and (e), by inserting ``or eligible
revenue sharing consolidated government'' after ``eligible
revenue sharing county'' each place it appears; and
(4) in subsection (f)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) Eligible revenue sharing consolidated government.--
The term `eligible revenue sharing consolidated government'
means a county, parish, or borough--
``(A) that has been classified by the Bureau of the Census
as an active government consolidated with another government;
and
``(B) for which, as determined by the Secretary, there is a
negative revenue impact due to implementation of a Federal
program or changes to such program.''.
SEC. 104. EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF
FUND PAYMENTS TO TRIBAL GOVERNMENTS.
Section 601(d)(3) of the Social Security Act (42 U.S.C.
801(d)(3)) is amended by inserting ``(or, in the case of
costs incurred by a Tribal government, during the period that
begins on March 1, 2020, and ends on December 31, 2022)''
before the period.
SEC. 105. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS
DECLINED BY STATES, TERRITORIES, OR OTHER
GOVERNMENTAL ENTITIES.
Title VI of the Social Security Act (42 U.S.C. 801 et seq.)
is amended by adding at the end the following new section:
``SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES,
TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.
``(a) Rescission.--
``(1) In general.--Subject to paragraphs (2) and (3), if a
State, territory, or other governmental entity provides
notice to the Secretary of the Treasury in the manner
provided by the Secretary of the Treasury that the State,
territory, or other governmental entity intends to decline
all or a portion of the amounts that are to be awarded to the
State, territory, or other governmental entity from funds
appropriated under this title, an amount equal to the
unaccepted amounts or portion of such amounts allocated by
the Secretary of the Treasury as of the date of such notice
that would have been awarded to the State, territory, or
other governmental entity shall be rescinded from the
applicable appropriation account.
``(2) Exclusion.--Paragraph (1) shall not apply with
respect to funds that are to be paid to a State under section
603 for distribution to nonentitlement units of local
government.
``(3) Rules of construction.--Paragraph (1) shall not be
construed as--
``(A) preventing a sub-State governmental entity, including
a nonentitlement unit of local government, from notifying the
Secretary of the Treasury that the sub-State governmental
entity intends to decline all or a portion of the amounts
that a State may distribute to the entity from funds
appropriated under this title; or
``(B) allowing a State to prohibit or otherwise prevent a
sub-State governmental entity from providing such a notice.
``(b) Use for Deficit Reduction.--Amounts rescinded under
subsection (a) shall be deposited in the general fund of the
Treasury for the sole purpose of deficit reduction.
``(c) State or Other Governmental Entity Defined.--In this
section, the term `State, territory, or other governmental
entity' means any entity to which a payment may be made
directly to the entity under this title other than a Tribal
government, as defined in sections 601(g), 602(g), and
604(d), and an eligible Tribal government, as defined in
section 605(f).''.
DIVISION MM--FAIRNESS FOR 9/11 FAMILIES ACT
SEC. 101. IMPROVEMENTS TO THE JUSTICE FOR UNITED STATES
VICTIMS OF STATE SPONSORED TERRORISM ACT.
(a) Short Title.--This section may be cited as the
``Fairness for 9/11 Families Act''.
(b) In General.--Section 404 of the Justice for United
States Victims of State Sponsored Terrorism Act (34 U.S.C.
20144) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), in the first sentence, by
inserting ``and during the 1-year period beginning on the
date of enactment of the Fairness for 9/11 Families Act, the
Special Master may utilize an additional 5 full-time
equivalent
[[Page H10520]]
Department of Justice personnel'' before the period at the
end; and
(B) in paragraph (2)(A), by inserting ``Not later than 30
days after the date of enactment of the Fairness for 9/11
Families Act, the Special Master shall update, as necessary
as a result of the enactment of such Act, such procedures and
other guidance previously issued by the Special Master.''
after the period at the end of the second sentence;
(2) in subsection (c)(3)(A), by striking clause (ii) and
inserting the following:
``(ii) Not later than 90 days after the date of obtaining a
final judgment, with regard to a final judgment obtained on
or after the date of that publication, unless--
``(I) the final judgment was awarded to a 9/11 victim, 9/11
spouse, or 9/11 dependent before the date of enactment of the
United States Victims of State Sponsored Terrorism Fund
Clarification Act, in which case such United States person
shall have 90 days from the date of enactment of such Act to
submit an application for payment; or
``(II) the final judgment was awarded to a 1983 Beirut
barracks bombing victim or a 1996 Khobar Towers bombing
victim before the date of enactment of the Fairness for 9/11
Families Act, in which case such United States person shall
have 180 days from the date of enactment of such Act to
submit an application for payment.'';
(3) in subsection (d)--
(A) in paragraph (3)(B), by adding at the end the
following:
``(iii) For the purposes of clause (i), the calculation of
the total compensatory damages received or entitled or
scheduled to be received by an applicant who is a 1983 Beirut
barracks bombing victim or a 1996 Khobar Towers bombing
victim from any source other than the Fund shall include the
total amount received by the applicant as a result of or in
connection with the proceedings captioned Peterson v. Islamic
Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the
proceedings captioned In Re 650 Fifth Avenue & Related
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008),
such that any such applicant who has received or is entitled
or scheduled to receive 30 percent or more of such
applicant's compensatory damages judgment as a result of or
in connection with such proceedings shall not receive any
payment from the Fund, except in accordance with the
requirements of clause (i), or as part of a lump-sum catch-up
payment in accordance with paragraph (4)(D).''; and
(B) in paragraph (4)--
(i) in subparagraph (A), by striking ``(B) and (C)'' and
inserting ``(B), (C), and (D)'';
(ii) in subparagraph (C), by adding at the end the
following:
``(iv) Authorization.--
``(I) In general.--The Special Master shall authorize lump
sum catch-up payments in amounts equal to the amounts
described in subclauses (I), (II), and (III) of clause (iii).
``(II) Appropriations.--
``(aa) In general.--There are authorized to be appropriated
and there are appropriated to the Fund such sums as are
necessary to carry out this clause, to remain available until
expended.
``(bb) Limitation.--Amounts appropriated pursuant to item
(aa) may not be used for a purpose other than to make lump
sum catch-up payments under this clause.''; and
(iii) by adding at the end the following:
``(D) Lump sum catch-up payments for 1983 beirut barracks
bombing victims and 1996 khobar towers bombing victims.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Fairness for 9/11 Families Act, and in
accordance with clauses (i) and (ii) of paragraph (3)(A), the
Comptroller General of the United States shall conduct an
audit and publish in the Federal Register a notice of
proposed lump sum catch-up payments to the 1983 Beirut
barracks bombing victims and the 1996 Khobar Towers bombing
victims who have submitted applications in accordance with
subsection (c)(3)(A)(ii)(II) on or after such date of
enactment, in amounts that, after receiving the lump sum
catch-up payments, would result in the percentage of the
claims of such victims received from the Fund being equal to
the percentage of the claims of non-9/11 victims of state
sponsored terrorism received from the Fund, as of such date
of enactment.
``(ii) Public comment.--The Comptroller General shall
provide an opportunity for public comment for a 30-day period
beginning on the date on which the notice is published under
clause (i).
``(iii) Report.--Not later than 30 days after the
expiration of the comment period in clause (ii), the
Comptroller General of the United States shall submit to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate, the Committee on the Judiciary
and the Committee on Appropriations of the House of
Representatives, and the Special Master a report that
includes the determination of the Comptroller General on--
``(I) the amount of the proposed lump sum catch-up payment
for each 1983 Beirut barracks bombing victim;
``(II) the amount of the proposed lump sum catch-up payment
for each 1996 Khobar Towers bombing victim; and
``(III) amount of lump sum catch-up payments described in
subclauses (I) and (II).
``(iv) Lump sum catch-up payment reserve fund.--
``(I) In general.--There is established within the Fund a
lump sum catch-up payment reserve fund, to remain in reserve
except in accordance with this subsection.
``(II) Authorization.--Not earlier than 90 days after the
date on which the Comptroller General submits the report
required under clause (iii), and not later than 1 year after
such date, the Special Master shall authorize lump sum catch-
up payments from the reserve fund established under subclause
(I) in amounts equal to the amounts described in subclauses
(I) and (II) of clause (iii).
``(III) Appropriations.--
``(aa) In general.--There are authorized to be appropriated
and there are appropriated to the lump sum catch-up payment
reserve fund $3,000,000,000 to carry out this clause, to
remain available until expended.
``(bb) Limitation.--Except as provided in subclause (IV),
amounts appropriated pursuant to item (aa) may not be used
for a purpose other than to make lump sum catch-up payments
under this clause.
``(IV) Expiration.--
``(aa) In general.--The lump sum catch-up payment reserve
fund established by this clause shall be terminated not later
than 1 year after the Special Master disperses all lump sum
catch-up payments pursuant to subclause (II).
``(bb) Remaining amounts.--All amounts remaining in the
lump sum catch-up payment reserve fund in excess of the
amounts described in subclauses (I) and (II) of clause (iii)
shall be deposited into the Fund under this section.'';
(4) in subsection (e)(2)(B), by adding at the end the
following:
``(v) Exception for 1983 beirut barracks bombing victims
and 1996 khobar towers bombing victims.--Nothing in this
subparagraph shall apply with respect to--
``(I) a 1983 Beirut barracks bombing victim or a 1996
Khobar Towers bombing victim who submits an application under
subsection (c)(3)(A)(ii)(II) on or after the date of
enactment of the Fairness for 9/11 Families Act; or
``(II) the assets, or the net proceeds of the sale of
properties or related assets, attributable to a person
described in subclause (I).''; and
(5) in subsection (j), by adding at the end the following:
``(15) 1983 beirut barracks bombing victim.--The term `1983
Beirut barracks bombing victim'--
``(A) means a plaintiff, or estate or successor in interest
thereof, who has an eligible claim under subsection (c) that
arises out of the October 23, 1983, bombing of the United
States Marine Corps barracks in Beirut, Lebanon; and
``(B) includes a plaintiff, estate, or successor in
interest described in subparagraph (A) who is a judgment
creditor in the proceedings captioned Peterson v. Islamic
Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling
Judgment Creditor as identified in the order dated May 27,
2014, in the proceedings captioned In Re 650 Fifth Avenue &
Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17,
2008).
``(16) 1996 khobar towers bombing victim.--The term `1996
Khobar Towers bombing victim'--
``(A) means a plaintiff, or estate or successor in interest
thereof, who has an eligible claim under subsection (c) that
arises out of the June 25, 1996 bombing of the Khobar Tower
housing complex in Saudi Arabia; and
``(B) includes a plaintiff, estate, or successor in
interest described in subparagraph (A) who is a judgment
creditor in the proceedings captioned Peterson v. Islamic
Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling
Judgment Creditor as identified in the order dated May 27,
2014, in the proceedings captioned In Re 650 Fifth Avenue &
Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17,
2008).''.
(c) GAO Report on Funding for the United States Victims of
State Sponsored Terrorism Fund.--Not later than 180 days
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report evaluating ways to increase deposits into the United
States Victims of State Sponsored Terrorism Fund established
under paragraph (1) of section 404(e) of the Justice for
United States Victims of State Sponsored Terrorism Act (34
U.S.C. 20144(e)) (in this subsection referred to as the
``Fund''), including assessing the advisability and effect
of--
(1) expanding the scope of the criminal offenses for which
funds, and the net proceeds from the sale of property,
forfeited or paid to the United States are deposited in the
Fund under paragraph (2)(A)(i) of such section;
(2) expanding the scope of the civil penalties or fines for
which funds, and the net proceeds from the sale of property,
forfeited or paid to the United States are deposited in the
Fund under paragraph (2)(A)(ii) of such section to include
civil penalties or fines imposed, including as part of a
settlement agreement, on an entity for providing material
support to an organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); and
(3) increasing to 100 percent the percentage of funds, and
the net proceeds from the sale of property, forfeited or paid
to the United States as a civil penalty or fine that are
deposited in the Fund under paragraph (2)(A)(ii) of such
section.
(d) Rescissions.--
(1) Business loans program account.--Of the unobligated
balances of amounts made available under the heading ``Small
Business Administration--Business Loans Program Account,
CARES Act'', for carrying out paragraphs (36) and (37) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
$4,954,772,000 are hereby rescinded.
(2) Shuttered venue operators grant.--Of the unobligated
balances of amounts made available under the heading ``Small
Business Administration--Shuttered Venue Operators'', for
carrying out section 324 of division N of the Consolidated
Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are
hereby rescinded.
(3) Aviation manufacturing payroll support program.--Of the
unobligated balances of amounts made available under section
7202 of the American Rescue Plan Act of 2021 (15 U.S.C.
9132), $568,228,000 are hereby rescinded.
[[Page H10521]]
Motion to Concur
Ms. DeLAURO. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Ms. DeLauro of Connecticut moves that the House concur in
the Senate amendment to the House amendment to the Senate
amendment to H.R. 2617.
The SPEAKER pro tempore. Pursuant to House Resolution 1531, the
motion shall be debatable for 1 hour equally divided and controlled by
the chair and ranking minority member of the Committee on
Appropriations.
The gentlewoman from Connecticut (Ms. DeLauro) and the gentlewoman
from Texas (Ms. Granger) each will control 30 minutes.
The Chair recognizes the gentlewoman from Connecticut.
General Leave
Ms. DeLAURO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the Senate amendment to H.R. 2617.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Connecticut?
There was no objection.
Ms. DeLAURO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of the fiscal year 2023 government
funding legislation before us, which passed the Senate yesterday on a
68-29 vote, with the support of all Democrats and 18 Republicans. It is
a package of 12 appropriations bills that makes critical investments in
the programs that our communities need.
The bill also includes legislation to continue to support the
Ukrainian people and their fight against Russia's ruthless aggression
and to help areas of our Nation devastated by recent natural disasters.
For the second year in a row, we included community projects--over
7,200--to meet urgent needs in districts all over the Nation. These
bills tackle our Nation's toughest crises, they help lower the cost of
living for hardworking families in the middle class, create better-
paying jobs, and protects our communities and our national security.
Mr. Speaker, I have spoken at length about this strong bill. I am
proud of it. I urge my colleagues to support it, and I reserve the
balance of my time.
Ms. GRANGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in opposition to H.R. 2617, an omnibus
appropriations package to fund the government through the end of the
fiscal year.
First, I have concerns about the size and the scope of the package,
it totals almost $2 trillion, and it comes after nearly $3 trillion of
spending was pushed through this Congress. This $3 trillion was enacted
completely outside of the normal process and many programs received
staggering increases.
This record-high spending has been a key driver of inflation. It has
led to record-high prices for the American people and for everything
from gas to groceries.
Instead of reflecting the economic realities we face, the package of
bills before us represents continued spending in areas that have
already received large increases.
Second, this omnibus package bails out the administration for many of
their self-inflicted wounds on issues like the border crisis and the
energy crisis.
In closing, I am disappointed that I am unable to support this bill
that funds our Nation's military at the authorized level, but the
excess spending on nondefense programs in this bill is just too much to
gain my support.
Mr. Speaker, for these reasons, I urge my colleagues to vote ``no,''
and I reserve the balance of my time.
Ms. DeLAURO. Mr. Speaker, I reserve the balance of my time.
Ms. GRANGER. Mr. Speaker, the bill before us does not include and
reflect the economic realities we face. I urge my colleagues to vote
``no,'' and I yield back the balance of my time.
Ms. DeLAURO. Mr. Speaker, before I conclude, I thank and congratulate
Chairman Leahy and Vice Chairman Shelby for their partnership over the
past 2 years. I wish them all the best in their retirement.
For the House, I extend my sincerest appreciation to the subcommittee
chairs of the Appropriations Committee: Marcy Kaptur, David Price,
Lucille Roybal-Allard, Sanford Bishop, Barbara Lee, Betty McCollum, Tim
Ryan, Debbie Wasserman Schultz, Chellie Pingree, Mike Quigley, and
Matt Cartwright. I especially acknowledge for their outstanding
careers: David, Lucille, and Tim, who will not be here with us next
Congress.
Mr. Speaker, I thank all of the subcommittee ranking members for your
partnership and collaboration on these bills.
A special thank you to all of our staff, including Staff Director and
Clerk Robin Juliano and Deputy Staff Director Matt Washington, who we
will miss dearly upon his departure early next year.
I am grateful for the staff of all the subcommittees who are with us
here on the floor today who have sacrificed sleep and time away from
their families to help us complete the appropriations process,
including our subcommittee clerks: Martha Foley, Bob Bonner, Chris
Bigelow, Scott McKee, Matt Smith, Darek Newby--who we recognize and
thank upon his upcoming retirement--Rita Culp, Faye Cobb, Stephen
Steigleder, Nicole Cohen, Erin Kolodjeski, Jenny Neuscheler, and
Christina Monroe.
Front office staff: Katelynn Thorpe, Danu Rojzman, Jason Gray, Adam
Wilson, Raquel Spencer, Alex Swann, Tom Tucker, Ryann Kinney, Sebastian
Franco, Celine Wolff, and Robert Baransaka.
My personal office staff: Becky Salay, Jack Rayburn, Caitlin
Peruccio, King Green, Harper White, Marie Gualtieri, John Neureuther,
Jami LaRue, Daniel Robillard, Molly Opinsky, and Merone Kahassai. I
would just say: You are the best and the brightest.
I thank the minority staff: Anne Marie Chotvacs, Johnnie Kaberle,
Alec Davis, Sara Peters, and the rest of the minority clerks and staff.
I look forward to working with the incoming chair, Congresswoman
Granger, as we move into the 118th Congress, and I thank her for her
cooperation.
Next year, we will be the first ever committee of the House of
Representatives or the United States Senate--and it is not just the
Appropriations Committee, any committee--will be led in all four
corners by women.
Mr. Speaker, I urge a ``yes'' vote, and I yield back the balance of
my time.
Ms. PELOSI. Mr. Speaker, today, as the final official act of the
117th Congress, the House will pass a strong, bipartisan omnibus
government funding bill.
As a courtesy to my colleagues--who are eager to get home for the
holidays--I will be brief.
But I would be remiss if I did not acknowledge our magnificent
Appropriations Chairwoman Rosa DeLauro. Thank you for ensuring that so
many of Democrats' key priorities were included in this package.
And I salute you on an extraordinarily successful 117th Congress--
during which you have wielded the gavel masterfully: whether helping
meet families' needs here at home or powering the fight for Democracy
abroad.
Thanks also to our committed counterparts in the Senate--Chairman Pat
Leahy and Vice Chair Richard Shelby--for crafting this package.
And I want to recognize the outstanding work of my staff, led by my
brilliant Policy Director, Richard Meltzer: tirelessly working to
infuse this legislation with Democrats' vision and values.
I also want to acknowledge Wendell Primus, Robert Edmondson, Alex
Urry, and the many more policy professionals in the Speaker's Office
whose work helped to strengthen this final package.
Thanks to Democrats' tenacious negotiating, we have secured in this
bill a significant increase in non-defense discretionary funding. And
with this boost, we steer more federal resources to key priorities that
will improve the everyday lives of the American people. To name just a
few:
This means fulfilling our patriotic duty to our veterans, securing a
major increase in veterans' health care.
This means deeply needed relief to support victims of natural
disaster, address the water crisis in Mississippi and deliver $1
billion for Puerto Rico's electric grid.
This means increasing the maximum Pell Grant, making it easier for
children to chase their dreams of higher education.
This means important investments in building more affordable housing
and strengthening our energy infrastructure.
This means more funding for the National Labor Relations Board,
strengthening workers' right to organize.
[[Page H10522]]
This means more resources under the Violence Against Women to prevent
and prosecute gender-based violence.
And this means our Members will bring home critical Community Project
Funding to help meet specific needs in our districts.
And with this package, we are also making impactful new investments
for America's working families.
We are expanding the promise of quality, affordable health care:
from preventing disruptions to Medicaid coverage,
to strengthening critical lifelines for underserved communities,
to improving access to mental health services,
to taking commonsense steps to prepare for the next pandemic.
We are advancing our For The Children Agenda:
ensuring millions of kids have permanent, continuous health coverage
while creating a new permanent Summer EBT program to ensure 29 million
kids have access to nutritious food during the summer.
We are securing basic accommodations for pregnant workers--so that no
one has to choose between a healthy pregnancy and a paycheck.
We are guaranteeing protections for breastfeeding in the workplace--
so that parents cannot be punished for caring for their newborns.
And we are honoring our sacred duty to our 9/11 heroes:
securing catch-up payments to families that for too long have been
wrongfully denied every cent they're due;
and bolstering funding for a health program that cares for courageous
first responders and survivors.
Importantly, with this package we will deliver another consequential
round of security, economic and humanitarian aid to Ukraine.
On Wednesday--here on this Floor--President Zelenskyy spoke
powerfully about courage and commitment, heroism and hope.
And we applauded him--and his people--for their undaunted
determination as they battle for their homeland and for their freedom.
The fight for Ukraine is the fight for Democracy itself--and we will
stand with the valiant Ukrainian people until victory is won.
As we propel the fight for freedom abroad, we also take a strong step
to shore up our Democracy here at home.
The omnibus includes a bipartisan bill to reform the Electoral Count
Act of 1887--which will help thwart future attempts to disrupt the
peaceful transfer of power, like we saw here in this very Chamber on
January 6th.
Mr. Speaker. This is truly a package For The People.
And with immense gratitude to Chairs DeLauro and Leahy--and Vice
Chair Shelby--I urge a strong, bipartisan ``AYE'' vote.
Ms. KAPTUR. Mr. Speaker, I thank Chair DeLauro. I'd also like to
thank the staff who have dedicated superlative effort to this final
product, including Scott McKee, Brian Smith, Daniela Todesco, Nick
Montoni, and Steven Kappen on subcommittee and John Howes on my staff.
=========================== NOTE ===========================
December 23, 2022, on page H10522, in the first column, the
following appeared: DELAURO and LEAHY -- and Vice Chair SHELBY --
I urge a strong, bipartisan ``AYE'' vote.Mr. KAPTUR. Mr. Speaker,
I thank Chair DELAURO. I'd also like to thank the staff who
The online version has been corrected to read: DELAURO and LEAHY
-- and Vice Chair SHELBY -- I urge a strong, bipartisan ``AYE''
vote. Ms. KAPTUR. Mr. Speaker, I thank Chair DELAURO. I'd also
like to thank the staff who
========================= END NOTE =========================
The Energy and Water funding of this bill captures America's spirit
of ingenuity and independence, especially energy security in
perpetuity. It provides $54.65 billion in critical investments in our
nation's water infrastructure and to combat climate change.
The bill provides $10.6 billion, $347 million over FY22, for water
infrastructure throughout the country through the Corps of Engineers
and Bureau of Reclamation. There is $2.374 billion in funding for
Harbor Maintenance Trust Fund and Donor and Energy Transfer Ports.
The bill invests $15.3 billion, $1.2 billion over FY22, in clean
energy innovation to respond to the climate crisis. Notably, the
inclusion of $471 million for State and Community Energy Programs
allows DOE to more directly ``meet the streets,'' working with state,
local, and community-level partners to transform the high science of
our excellent national labs to communities where people live. Our goal
is to lower energy costs of hardworking American families and senior.
In addition, the Disaster supplemental includes $1.13 billion for the
Corps of Engineers to make necessary repairs to projects impacted by
hurricanes and other natural disasters and to construct projects that
will increase resiliency from future flooding and storms, including in
Puerto Rico. In addition, the Disaster Supplemental includes $1 billion
for the Department of Energy to strengthen Puerto Rico's electric grid
and assist vulnerable and disadvantaged communities in purchasing and
installing clean energy technologies.
The bill provides for a safe and secure nuclear deterrent while
addressing the threat of nuclear proliferation. Importantly our bill
protects our environment by funding legacy nuclear cleanup work. In
addition, the Ukraine supplemental provides $126 million to prepare for
and respond to potential nuclear and radiological incidents in Ukraine.
This funding is part of the omnibus' $45 billion in additional American
funding for Ukraine as she fights for Liberty.
Finally, the bill supports economic and community development, job
training, and critical infrastructure with $312 million directed to the
regional commissions. These Commissions and Authorities are vital
lifelines for places where economic and environmental revitalization
must be advanced.
Further, in far too many towns and cities, energy and water
innovation has languished and needs to be placed centerfold in regional
strategic plans to reboot economies where deindustrialization and
disinvestment are a major downdraft on economic growth. Innovation in
regional energy and water systems must serve as foundational to
economic growth.
Further, I am excited that our Great Lakes Authority legislation is
included in this omnibus. This new federal instrumentality will unlock
the Industrial and Freshwater Heartland's full potential for the
century ahead.
In sum, our bill invests in initiatives that will yield future
opportunities and new, good-paying jobs. Through innovative energy and
water investments, I am fully confident our nation will meet our
domestic challenges from coast to coast and propel our Nation into an
energy, waer, nuclear secure future.
Mr. PALLONE. Mr. Speaker, I rise in strong support of this final
omnibus package.
This bill includes important health care and consumer protection
provisions out of the Energy and Commerce Committee.
The bill invests in our children's health with two years of
additional funding for the Children's Health Insurance Program (CHIP)
and, for the first time, guarantees 12 months of continuous coverage
for kids on CHIP and Medicaid. This will safeguard access to health
care for 40 million young people across the nation. It also permanently
extends the option for states to provide new moms with Medicaid
coverage for 12 months postpartum, a critical part of our effort to
address the unacceptable maternal mortality crisis that
disproportionately affects women of color.
I am also pleased that we reached bipartisan agreement to ensure
Puerto Rico and the U.S. Territories have the Medicaid funding they
need to ensure access to care for their residents.
The government funding agreement also provides additional resources
to address the mental health and substance use disorder crises facing
the nation, especially among our young people. It reauthorizes key
programs that support Americans' mental health and substance use
recovery needs, expands access to medication assisted treatment,
bolsters workforce capacity and training, and establishes important new
programs and services including a national maternal mental health
hotline and task force.
The omnibus also strengthens our nation's public health agencies. It
modernizes the Food and Drug Administration's (FDA) accelerated
approval program to give the agency more oversight over drugs and
biologics that receive approval through this pathway. It also provides
the agency with new authority to improve the diversity of populations
participating in clinical trials, and finally updates FDA's authority
to oversee the safety of cosmetics and personal care products. This is
something I've been working on for more than a decade and now it is a
reality. This omnibus also applies the lessons learned from the COVID-
19 pandemic to help the Centers for Disease Control and Prevention
prepare to respond to future public health emergencies.
Finally, the omnibus includes a number of important consumer
protection provisions that will guard consumers against counterfeit and
dangerous products, bolster U.S. manufacturing, and continue to promote
our economic competitiveness on the world stage.
I am proud that this final bill includes so many important health
care and consumer protection provisions that came out of the Energy and
Commerce Committee in a bipartisan fashion over this last Congress. I
urge my colleagues to support this important bill that invests in the
health and well-being of the American people. I am submitting
additional supplemental materials on the intent of certain Medicaid
provisions that I authored in the omnibus.
Mr. Speaker, the bill before us today is a tremendous step forward in
expanding health care access for millions of low-income Americans. It
will permanently strengthen access to Medicaid for children, new
mothers, seniors, and individuals with disabilities. It will
responsibly wind down the maintenance of effort requirement from the
Families First Coronavirus Response Act (FFCRA), and gradually phase
out the enhanced federal Medicaid matching funds. And finally, it will
expand beneficiary protections, enhance transparency, and provide the
Secretary of Health and Human Services (HHS) with additional tools to
prevent improper coverage loss.
Under FFCRA, Congress provided states with a temporary increase in
their federal Medicaid dollars in exchange for states adopting
[[Page H10523]]
certain policies. Collectively, these policies were known as the
``maintenance of effort'' requirements. One of these requirements is
that for the duration of the public health emergency, states may not
disenroll anyone from their Medicaid programs, sometimes referred to as
the continuous coverage requirement.
Experts have raised concerns that when the continuous coverage
requirement ends, millions of eligible Medicaid beneficiaries--most of
whom would be children--could improperly lose access to health care.
This is unacceptable. I'm pleased that this legislation includes
several provisions to mitigate these coverage losses.
Specifically, it gives the Secretary additional enforcement authority
to ensure that states follow all requirements that apply to Medicaid
eligibility redeterminations. These are, of course, in addition to
enforcement tools already available to the Secretary under current law.
Under this legislation, states would only receive the enhanced federal
funds if they follow these requirements. This will provide the
Secretary with more targeted enforcement authority in addition to that
which he already has under the Medicaid statute.
The bill before us also combines discretionary enforcement
authorities with mandatory penalties for states that fail to comply
with certain provisions. For example, if a state is out of compliance
with the additional beneficiary protections, the Secretary may require
a corrective action plan, assess civil monetary penalties against a
state, or require a state to stop disenrolling individuals for
procedural reasons. However, if a state fails to comply with the bill's
data reporting requirements, the bill would require the Secretary to
reduce that state's Medicaid matching rate.
States will face an unprecedented task when they begin the work of
conducting eligibility redeterminations for more than 80 million low-
income individuals, including children, seniors, and individuals with
disabilities. That is why it is so critical for us to pass this bill to
provide additional protections to these vulnerable populations. That
said, I want to be clear that nothing in this bill in any way
constrains the remedies available under current law to Medicaid
beneficiaries and stakeholders who have been harmed by a state's
violations of the Medicaid statute. Specifically, the bill does not
establish a comprehensive remedial regime of the type described by the
United States Supreme Court in decisions regarding litigation involving
section 1983. It is also not the intent of Congress to alter any
federal right on the part of private individuals to use the remedies
guaranteed by Section 1983, if they are injured by unlawful state
actions involving Medicaid eligibility redeterminations.
The bill before us is a huge victory for Medicaid beneficiaries and
states. It expands coverage while giving states the resources they need
to responsibly transition from the continuous coverage requirement,
while protecting low-income individuals from improper coverage loss. It
will provide the Secretary of HHS with new tools to protect
beneficiaries, while preserving the existing enforcement mechanisms and
legal remedies that will help mitigate coverage loss. This bill is
obviously not perfect, and there is still more that must be done to
expand coverage to low-income individuals, but I'm proud of this bill
and strongly believe it will improve access to health care for millions
of our most vulnerable citizens. I urge my colleagues to join me in
supporting this important bill.
Mr. KILDEE. Mr. Speaker, the Great Lakes are essential to Michigan's
economy and our way of life. They foster billions of dollars in
economic activity in our local economies and support millions of jobs
in the fishing, boating and tourism industries. That's why I am pleased
the Great Lakes Authority was included in the FY2023 Omnibus. By
investing in job training and workforce development, this new federal
entity will empower our workers, lift up the Great Lakes region and
build back our communities. The regional plan will help us combat
climate and create more good-paying jobs here in Michigan. I look
forward to developing the Great Lakes Authority further in the next
Congress and working across the aisle to advance meaningful community
engagement and economic growth for our region.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Committees on
the Budget, Judiciary, and Homeland Security, I proudly rise in support
of the omnibus appropriations legislation that provides funding to
continue the operations of the federal government through September 30,
2023, enhances supportive services to the American people, and avoids a
wasteful and irresponsible shutdown.
I am relieved that an agreement has been reached between the
bicameral, bipartisan leadership, and produced an omnibus spending
package that has the highest levels of non-defense spending in our
Nation's history.
This legislation provides vitally needed and long overdue funding
that will make our communities safer, improve health coverage for
children and families, increase funding for veterans' health care, help
victims of hurricanes and wildfires, prevent violence against women,
preserve our democracy, address the climate crisis, and deliver another
round of essential security, economic and humanitarian assistance to
Ukraine.
Democrats secured an astounding $800 billion in non-defense
spending--$68 billion more than last year, a 9.3% increase--to raise
living standards for Houston residents and millions of Americans.
Not only does this spending package include necessary increases in
funding for ongoing programs and services; it also approves spending
for the implementation of groundbreaking, historic legislation that was
enacted into law, led by Democrats, in 2022.
Passage of this legislation will improve safety for Houstonians and
all Americans. It addresses the epidemic of gun violence by funding
provisions of the Bipartisan Safer Communities Act and the Gun Violence
Reduction Grants, and it bolsters police and criminal justice reform by
expanding gun violence prevention efforts.
The spending package allocates $1.75 billion, an increase of $215.9
million above the fiscal year 2022 enacted level, to bolster efforts to
prevent and respond to gun violence.
It provides $135 million for STOP School Violence Act Grants.
It will deliver $50 million for community-based violence intervention
and prevention initiatives.
Additionally, it allocates $95 million to strengthen the National
Instant Criminal Background Check System.
The bill improves healthcare for my constituents and millions of
Americans by enhancing Medicaid and Medicare coverage, adding to child,
family, maternal, and minority health programs, and providing critical
funding for veterans' medical care. The omnibus:
makes permanent the option for states to provide women with
uninterrupted Medicaid coverage for 12 months postpartum, which will
help address the maternal mortality crisis that has been especially
devastating for communities of color;
gives 40 million children in America permanent health care through
Medicaid/Chips;
ensures permanent, mandatory, and continuous healthcare coverage for
over 40 million children enrolled in Medicaid and CHIP through the year
2029;
allocates $823 million for the Maternal and Child Health Block Grant,
including $55 million for State Maternal Health Innovation Grants, and
$7 million for the Maternal Mental Health Hotline;
increases funding to the Office of Minority Health and the Minority
HIV/ AIDS initiative; and
helps expand affordable, quality care to more Americans by allocating
record-level Medicaid funding to Puerto Rico and permanently enhanced
Medicaid funding for other territories;
provides, through the efforts of Democrats, a $21 billion increase
for veterans' healthcare, including supporting the VA as it implements
the landmark PACT Act.
Mr. Speaker, the package before us will lower the cost of living and
ensure the continuation of SNAP benefits for millions of hardworking
American families.
The omnibus will protect housing assistance for more than 4.8 million
individuals and families.
It provides a combined $45.2 billion for Section 8 Rental Assistance
to continue serving more than 3.5 million households nationwide,
including an expansion of housing assistance to more than 12,000 low-
income families, survivors of domestic violence, and veterans.
The legislation invests $3.6 billion in efforts to reduce
homelessness through Homeless Assistance Grants.
The omnibus includes a $500 increase in the maximum Pell Grant for
the students who need them most.
It expands opportunity for underserved Americans through critical
investments in education, especially for high-poverty schools by
providing $18.4 billion for Title I Grants, and for students with
disabilities by providing $15.5 billion for Special Education programs.
It supports students at Minority Serving Institutions (MSIs),
Historically Black Colleges and Universities (HBCUs), Hispanic Serving
Institutions, and Tribally Controlled Colleges and Universities through
over $1 billion in funding.
The legislation tackles hunger and nutrition insecurity by expanding
access to fruits and vegetables to 6.2 million women, infants, and
children through WIC and ensures that 43.5 million people in SNAP-
eligible families get the necessary benefits to which they are
entitled.
The Consolidated Appropriations Act, 2023 will also fund efforts to
end violence against women.
I've championed the fight against domestic violence for many years,
and as chairwoman of the Judiciary Subcommittee on Crime, Terrorism,
and Homeland Security, I sponsored H.R. 1620, the Violence Against
Women Act
[[Page H10524]]
Reauthorization of 2021. The reauthorization of VAWA was one of this
year's great successes, and I am so pleased to see that the
Consolidated Appropriations Act, 2023 will accelerate its
implementation, as it:
provides $700 million for Violence Against Women Act prevention and
prosecution programs;
provides services and assistance to victims of domestic violence and
assault; and
supports victims with $225 million to reduce the backlog in access to
sexual assault kits and other DNA evidence tools.
This funding package also provides substantial funding to fight the
climate crisis and ensure a better life for future generations to come.
By following the science, it enables the development of common-sense
standards to curb pollution with $10.1 billion for the EPA, including
$4.1 billion for core science and environmental program work.
The bill includes more than $15.3 billion of transformative
investments in clean energy and science, which will help the
development and deployment of clean, affordable, and secure American
energy while creating tens of thousands of ``green jobs'' in
communities across the country.
The omnibus includes $6.35 billion for the National Oceanic and
Atmospheric Administration, including strong investments in support of
climate research, weather forecasting, offshore wind energy, and STEM
education.
Without these visionary, expansive provisions that address climate
change, we risk exposing ourselves to harsher changes in climate and
the wrath they inflict. Today, we are already experiencing the
devastating effects of climate change. People in my Houston district,
and indeed around the country, are living through cataclysmic natural
disasters that are occurring with increasing frequency and severity.
This funding package addresses the needs of communities that have
been severely impacted by hurricanes and wildfires, and it provides
essential disaster response and recovery funding.
The omnibus provides $4.6 billion to help Americans who suffer from
wildfires, hurricanes, and other natural disasters during, and prior
to, calendar year 2023.
It allocates $20 billion for disaster response and recovery.
The omnibus also equips us to address challenges to our security and
our national values. In our ever-evolving global society, every day we
face new threats to democracy and to the wellbeing of those who seek to
live in a free and just world.
Russia's launch of a premeditated war against Ukraine is an attack on
democracy and a grave violation of international law, global peace, and
security.
The fighting sparked massive displacement, forcing over 7.6 million
Ukrainians to flee their homes to find refuge in neighboring states,
and putting women and girls at heightened risk of violence.
As leader of the free world, the USA has the duty and responsibility
to help Ukraine preserve its freedom and democracy. Therefore, I
proudly support the spending provisions in this bill that respond to
Ukraine's needs for humanitarian and security assistance.
The Consolidated Appropriations Act, 2023 continues critical security
assistance to Ukraine with an additional $300 million for the Ukraine
Security Assistance Initiative for training, equipment, weapons,
supplies, and salaries.
It provides intelligence support to the Ukrainian military and
national security forces.
It provides $2.5 billion for humanitarian needs in Ukraine and in
countries impacted by the situation in Ukraine, and for additional
support for other vulnerable populations.
Just as threats against democracy are prevalent around the world,
they are also afflicting us here in the United States.
In response to the despicable, appalling assault on the Capitol that
attempted to disrupt our election proceedings on January 6, 2021, we
must do everything in our power to ensure that democracy always
prevails in the US.
Our democracy must never be jeopardized by threats from homegrown
extremists, nor deterred by delusional obsessions harbored by a would-
be autocrat and his sycophants.
The bill's inclusion of the Electoral Count Reform Act will codify
the process by which Congress counts presidential electoral votes and
ratifies the outcome of the presidential election.
It will clarify to Americans that the Vice President's role in
ratifying states' electoral college votes is purely ministerial and
ceremonial, despite what the person who used to sit in the Oval Office
led millions to believe.
There are other ancillary but no less important features included in
the Consolidated Appropriations Act:
An increase in funding--to $7.8 billion--for NASA's Science Mission
Directorate will generate better scientific information about the Earth
and its changing climate, and will advance our understanding of both
our solar system and the universe.
The $220 million for the NATO Security Investment Program will
improve the infrastructure that is necessary for wartime, crisis, peace
support, and deterrence operations. The funds will support responses to
the challenges posed by Russian aggression, as well as the risks and
threats emanating from the Middle East and North Africa.
Two amendments passed by the Senate will protect women's reproductive
and childcare rights so their careers are not impaired by pregnancy and
motherhood. By the Pregnant Workers Fairness Act being added to the
omnibus, women will not face discrimination or adverse career impacts
due to being pregnant, and, by having access to a place at work to
breastfeed, women can balance work and family life when they have a new
baby, without adverse impacts to their careers.
The omnibus bolsters our ability to defend democracy and counter
China through funding to protect a free and open Indo-Pacific region.
The legislation enables us to repair roads and highways, expand
bicycle and pedestrian infrastructure, improve Federal auto safety
programs, and upgrade public transit systems, implementing the historic
investments that were enacted in the Infrastructure Investment and Jobs
Act.
The bill includes $900 million for global health security and $2
billion for the replenishment of the Global Fund to Fight AIDS,
Tuberculosis, and Malaria.
H.R. 2617 asserts our respect for the dignity of migrants by
providing $1.9 billion in new funding to improve processing,
sheltering, and medical care provided to migrants by Customs and Border
Patrol and Immigration Control and Enforcement.
By providing $6.8 billion in humanitarian assistance and $2.5 billion
in emergency humanitarian funding, the bill addresses the historic
levels of global displacement and humanitarian assistance needs caused
by natural disasters, economic strain from the pandemic, and the
worldwide impact of Russia's horrific aggression against Ukraine.
The omnibus equips us to counter the rise of authoritarianism by
investing $2.9 billion for global democracy programs and $315 million
for the National Endowment for Democracy.
In addition to the extraordinary, extensive, and diligent work by
appropriators in both chambers that will benefit the entire nation,
this bill includes Community Project Funding which I requested for
vital projects that will improve quality-of-life in Houston.
These projects, for which I advocated strongly, are of specific
importance to my constituents and will have a direct, uplifting impact
on the entire Houston area. They include:
Department of Housing and Urban Development Community Development
Fund for: Community Field at Jack Yates High School $100,000.
Department of Housing and Urban Development Community Development
Fund for: The Buffalo Bayou Partnership $750,000.
Department of Housing and Urban Development Community Development
Fund Riverside Planning for Restoration, Renovation and Additions for:
Harris County $750,000.
Department of Housing and Urban Development Community Development
Fund Transportation & Infrastructure Safety Improvement Project for:
The OST/Almeda Corridors Redevelopment Authority $4,000,000.
Department of Housing and Urban Development Community Development
Fund Park and Community Redevelopment for: City of Houston $4,000,000.
NASA Safety Security and Mission Services Houston Independent School
District, Houston for: Houston-Rice Planetary Project $1,983,320.
Department of Labor Employment and Training Administration for: City
of Houston, for job training in the home recovery and construction
industries $1,000,000.
Department of Health and Human Services Health Resources and Services
Administration for: City of Houston--Houston Health Department for a
vision health program $1,000,000.
Department of Health and Human Services Health Resources and Services
Administration for: University of Texas Health Science Center at
Houston for facilities and equipment $1,000,000.
Department of Health and Human Services Substance Use and Mental
Health Services Administration for: Baylor College of Medicine, Houston
for substance use disorder services and treatment for people
experiencing homelessness $1,000,000.
Department of Education Elementary and Secondary Education for: Best
Buddies International, Houston for inclusion support for students with
disabilities $100,000.
Throughout the 117th Congress, House Democrats have worked to deliver
results for the American people, passing legislation to lower health
care costs, create jobs by rebuilding America, making our communities
safer, and strengthening our Democracy.
[[Page H10525]]
Mr. Speaker, our country desperately needs the projects, programs,
services, and improvements that are included in this historic spending
package. Without passage of this omnibus spending bill, the quality-of-
life of millions of Americans would suffer, livelihoods would be
jeopardized, and the safety and security of the United States would be
sharply diminished.
Therefore, I believe this is a critically necessary bill, I support
it enthusiastically, and I urge all of my colleagues to join me in
voting for passage of this bipartisan, essential legislation.
Ms. LEE of California. Mr. Speaker, I rise in support of this omnibus
spending bill for fiscal year 2023. As Chair of the Subcommittee on
State, Foreign Operations, and Related Programs, I thank Chair DeLauro,
my fellow Cardinals and the Speaker for their tireless work to get this
bill to the floor.
I also want to thank my talented and hard-working subcommittee staff
that put this bill together--Clelia Alvarado, Craig Higgins, Jean Kwon,
Marin Stein, Jonathan Stivers, Jason Wheelock--and my Clerk, Erin
Kolodjeski.
This bill strengthens global partnerships, bolsters public health,
fights the climate crisis, supports displaced and vulnerable people,
promotes democracy, and brings us closer to achieving the UN
Sustainable Development Goals by 2030. These critical investments in
the people and programs of our foreign affairs agencies deserve all of
our support.
In total, the bill provides $59.7 billion in funding for State
Department, USAID, and related programs--an increase of $3.6 billion
above fiscal year 2022.
In addition, the legislation includes $16.6 billion in emergency
humanitarian, economic, and security assistance for Ukraine, countries
affected by the situation in Ukraine, and other assistance to
vulnerable populations and communities.
This bill also contains crucial investments to help the world
confront the climate crisis. As a country responsible for a huge
portion of global emissions, we have a moral obligation to support
developing countries impacted by climate change and I will continue to
fight for more resources for those feeling the greatest impacts.
This bill funds the President's Emergency Plan for AIDS Relief,
PEPFAR, at its highest levels on record, including fulfilling the $2
billion pledge for the Global Fund. As we approach the 20th anniversary
of PEPFAR, this investment gets us closer to the goal of an AIDS free
generation by 2030.
The funds included in this bill support the commitments made by the
Biden-Harris Administration during June's Summit of the Americas and
last week's Africa Leaders Summit, cementing these partnerships for the
next decade. I am especially pleased that this bill provides
unprecedented support to our closest neighbors in the Caribbean,
including in the areas of security, economic growth, and climate
resiliency.
At a time when reproductive rights have been stripped from millions,
supporting gender equity could not be more important. This bill
advances gender equity and equality by increasing funding for programs
that support women and girls. However, I am deeply disappointed that
this bill does not provide the resources women around the world need to
make decisions about their bodies and families. This is unjust and
affects women, their families, and communities negatively.
Overall, this bill represents a major step forward in diversity,
equity, and justice across the globe. I thank my colleagues, and I urge
us all to support this bill.
Mr. PALLONE. Mr. Speaker, I rise in strong support of this final
omnibus package. This bill includes important health care and consumer
protection provisions out of the Energy and Commerce Committee.
The bill invests in our children's health with 2 years of additional
funding for the Children's Health Insurance Program (CHIP) and, for the
first time, guarantees 12 months of continuous coverage for kids on
CHIP and Medicaid. This will, safeguard access to health care for 40
million young people across the nation. It also permanently extends the
option for states to provide new moms with Medicaid coverage for 12
months postpartum, a critical part of our effort to address the
unacceptable maternal mortality crisis that disproportionately affects
women of color.
I am also pleased that we reached bipartisan agreement to ensure
Puerto Rico and the U.S. Territories have the Medicaid funding they
need to ensure access to care for their residents.
The government funding agreement also provides additional resources
to address the mental health and substance use disorder crises facing
the Nation, especially among our young people. It reauthorizes key
programs that support Americans' mental health and substance use
recovery needs, expands access to medication assisted treatment,
bolsters workforce capacity and training, and establishes important new
programs and services including a national maternal mental health
hotline and task force.
The omnibus also strengthens our nation's public health agencies. It
modernizes the Food and Drug Administration's (FDA) accelerated
approval program to give the agency more oversight over drugs and
biologics that receive approval through this pathway. It also provides
the agency with new authority to improve the diversity of populations
participating in clinical trials, and finally updates FDA's authority
to oversee the safety of cosmetics and personal care products. This is
something I have been working on for more than a decade and now it is a
reality. This omnibus also applies the lessons learned from the COVID-
19 pandemic to help the Centers for Disease Control and Prevention
prepare to respond to future public health emergencies.
Finally, the omnibus includes a number of important consumer
protection provisions that will guard consumers against counterfeit and
dangerous products, bolster U.S. manufacturing, and continue to promote
our economic competitiveness on the world stage.
I am proud that this final bill includes so many important health
care and consumer protection provisions that came out of the Energy and
Commerce Committee in a bipartisan fashion over this last Congress. I
urge my colleagues to support this important bill that invests in the
health and well-being of the American people. I include in the Record
additional supplemental materials on the intent of certain Medicaid
provisions that I authored in the omnibus.
The bill before us today is a tremendous step forward in
expanding health care access for millions of low-income
Americans. It will permanently strengthen access to Medicaid
for children, new mothers, seniors, and individuals with
disabilities. It will responsibly wind down the maintenance
of effort requirement from the Families First Coronavirus
Response Act (FFCRA), and gradually phase out the enhanced
federal Medicaid matching funds. And finally, it will expand
beneficiary protections, enhance transparency, and provide
the Secretary of Health and Human Services (HHS) with
additional tools to prevent improper coverage loss.
Under FFCRA, Congress provided states with a temporary
increase in their federal Medicaid dollars in exchange for
states adopting certain policies. Collectively, these
policies were known as the ``maintenance of effort''
requirements. One of these requirements is that for the
duration of the public health emergency, states may not
disenroll anyone from their Medicaid programs, sometimes
referred to as the continuous coverage requirement.
Experts have raised concerns that when the continuous
coverage requirement ends, millions of eligible Medicaid
beneficiaries--most of whom would be children--could
improperly lose access to health care. This is unacceptable.
I'm pleased that this legislation includes several provisions
to mitigate these coverage losses.
Specifically, it gives the Secretary additional enforcement
authority to ensure to that states follow all requirements
that apply to Medicaid eligibility redeterminations. These
are, of course, in addition to enforcement tools already
available to the Secretary under current law. Under this
legislation, states would only receive the enhanced federal
funds if they follow these requirements. This will provide
the Secretary with more targeted enforcement authority in
addition to that which he already has under the Medicaid
statute.
The bill before us also combines discretionary enforcement
authorities with mandatory penalties for states that fail to
comply with certain provisions. For example, if a state is
out of compliance with the additional beneficiary
protections, the Secretary may require a corrective action
plan, assess civil monetary penalties against a state, or
require a state to stop disenrolling individuals for
procedural reasons. However, if a state fails to comply with
the bill's data reporting requirements, the bill would
require the Secretary to reduce that state's Medicaid
matching rate.
States will face an unprecedented task when they begin the
work of conducting eligibility redeterminations for more than
80 million low-income individuals, including children,
seniors, and individuals with disabilities. That is why it is
so critical for us to pass this bill to provide additional
protections to these vulnerable populations. That said, I
want to be clear that nothing in this bill in any way
constrains the remedies available under current law to
Medicaid beneficiaries and stakeholders who have been harmed
by a state's violations of the Medicaid statute.
Specifically, the bill does not establish a comprehensive
remedial regime of the type described by the United States
Supreme Court in decisions regarding litigation involving
section 1983. It is also not the intent of Congress to alter
any federal right on the part of private individuals to use
the remedies guaranteed by Section 1983, if they are injured
by unlawful state actions involving Medicaid eligibility
redeterminations
The bill before us is a huge victory for Medicaid
beneficiaries and states. It expands coverage while giving
states the resources they need to responsibly transition from
the continuous coverage requirement, while protecting low-
income individuals from improper coverage loss. It will
provide the Secretary of HHS with new tools to protect
[[Page H10526]]
beneficiaries, while preserving the existing enforcement
mechanisms and legal remedies that will help mitigate
coverage loss. This bill is obviously not perfect, and there
is still more that must be done to expand coverage to low-
income individuals, but I'm proud of this bill and strongly
believe it will improve access to health care for millions of
our most vulnerable citizens. I urge my colleagues to join me
in supporting this important bill.
Ms. DeLAURO. Mr. Speaker, I rise in support of the fiscal year 2023
government funding legislation before us, a package of 12
appropriations bills that makes critical investments to help our
communities. The bill also includes legislation to continue the fight
against Russian aggression and to help parts of our Nation devastated
by natural disasters.
For far too long, our economy has been working for billionaires and
big corporations that use their power to shape this budget. But over
the past two years, we have worked to reverse this trend and reinvest
in the programs that hardworking people, small businesses, and
communities in need rely on. And they are finally paying taxes.
I came to Washington to do that, inspired by the work of leaders, who
in times of despair, brokered life-changing victories whose impact we
feel to this day. These are leaders like Hubert Humphrey, who served in
these halls, and who held that the ``moral test of government'' is how
we treat those ``in the dawn of life, the twilight of life, and the
shadows of life.'' And I have always held that as a guiding principle.
These bills before us pass this moral test of government--they touch
every corner of our Nation and impact people at every stage of their
lives. With $1.7 trillion in discretionary resources, we are investing
the highest level of funding ever in non-defense government programs
while keeping our communities and our Nation safe.
This funding helps us tackle the biggest issues facing American
families, including inflation and rising costs. We lower the cost of
living for hardworking people and the middle class by investing in
child care, early learning programs, high poverty schools and students
with disabilities, by expanding access to higher education and
increasing the maximum Pell Grant award by $500, by strengthening high-
quality job training and apprenticeship programs, and by making the
dream of owning a home a more realistic one for many families.
We strengthen our economy by creating better-paying jobs, putting
people to work rebuilding our infrastructure, keeping our Nation
competitive, strengthening our supply chain, helping small businesses
access the capital they need, investing in the economic development of
distressed communities, and preserving our advanced manufacturing base.
In addition, for the first time since 2010, we included an increase in
funding for the National Labor Relations Board to $299 million, a $25
million increase, to protect workers' rights to collective bargaining.
People haven't seen a pay raise in decades, and this change makes that
more likely.
This package also provides a necessary lifeline to families and
communities struggling to make ends meet by meeting their basic needs.
We are strengthening nutrition assistance, increasing access to
affordable housing by creating over 21,500 affordable housing units and
expanding housing options for people experiencing homelessness,
fighting health disparities and health crises, prioritizing the health
of our veterans with a record $118.7 billion for VA medical care,
providing $800 million, a huge increase of $650 million, for the
migrant Shelter and Services Program, formerly the Emergency Food and
Shelter Humanitarian Program, increasing funding by $125 million for
Violence Against Women Act prevention and prosecution programs, and
investing in rural broadband.
These investments are strengthened with a recommitment to the funding
we need to keep our Nation and our communities safe. With strong
increases for the Department of Defense, we protect our national
security and strengthen our ability to counter China and other near-
peer adversaries. We defend global democracy from threats from Russia
and China. We enhance our maritime, border, and cyber security, protect
our military personnel and installations and prioritize a combination
of defense, diplomacy, and global development efforts.
We support our police and state and local law enforcement at all
levels with $4.4 billion in grants, fight the gun violence epidemic on
several fronts, and bolster our public health infrastructure and our
biomedical research, including with $47.5 billion for the National
Institutes of Health.
We make investments to battle climate change with environmental
enforcement and environmental justice efforts, launching a renewed
focus on land and water conservation, and investing in clean energy and
climate science.
Simultaneously, for the second year in a row after a decade without
this funding, this bill includes community projects to meet the needs
of districts all over the Nation. This package includes over 7,200
projects totaling over $15 billion and requested by 407 Members and
Senators--including 223 Democrats and 120 Republicans in the House.
These projects respond directly to pressing needs locally by supporting
underserved areas and making all our communities healthier, safer, and
stronger.
And as communities rebuild from recent natural disasters and extreme
weather events, this bill provides $27 billion in urgently needed
support to help families, small businesses, and entire towns and cities
recover, repair damaged infrastructure, and prepare for future
disasters, including $1 billion for the electric grid in Puerto Rico.
Finally, as Ukraine continues to defend itself against Putin's
ruthless attack, this bill provides $45 billion in emergency funding to
support the Ukrainian people and defend global democracy--investments
that save lives, make our world safer, and help defend against Putin's
continued war crimes. Congress heard from President Zelenskyy. His plea
to us was clear--they desperately need our continued support. In his
words, ``This struggle will define what world our children and
grandchildren will live in.'' Ukraine's struggle is democracy's
struggle-it is a struggle for freedom and independence. We stood and we
clapped when he told us last night that our ``money is not charity.
It's an investment in the global security and democracy that we handle
in the most responsible way.'' Because it is. This funding will save
lives and protect democracy. We have no other choice.
It has been an honor to serve as Chair of the Appropriations
Committee for the past two years and to bring to the Floor yet another
strong bill. This package makes critical, bipartisan investments that
lower the cost of living for hardworking families, create better-paying
jobs, and help communities in need.
I wish more of our priorities had been included--including increased
funding for Title X and other family planning programs in the wake of
the Supreme Court's decision to overturn Roe v. Wade. Women are and
will continue to suffer until we do more to help them access essential
health care services, and I am deeply disappointed we were not able to
increase this funding. I will continue to wage the battle for increased
resources for women's health.
I want to make it very clear to everyone here and to all our
constituents at home that I will never stop fighting for the programs
that make the biggest impact as we look to continue passing the moral
test of government.
Before I conclude, I would like to thank and congratulate Chairman
Leahy and Vice Chairman Shelby for their partnership over the past two
years. I wish them all the best in their retirements.
For the House, I extend my sincerest appreciation to the subcommittee
Chairs of the Appropriations Committee: Marcy Kaptur, David Price,
Lucille Roybal-Allard, Sanford Bishop, Barbara Lee, Betty McCollum, Tim
Ryan, Debbie Wasserman Schultz, Chellie Pingree, Mike Quigley, and Matt
Cartwright. I want to especially acknowledge David, Lucille, and Tim
who will not be here with us next Congress and acknowledge them for
their outstanding careers. I also thank all of the subcommittee Ranking
Members for your partnership and collaboration on these bills.
A special thank you to all of our staff, including Staff Director and
Clerk, Robin Juliano, and Deputy Staff Director, Matt Washington--who
we will miss dearly upon his departure early next year.
I am grateful for the staff of all the subcommittees--who are up in
the gallery with us!--who have sacrificed sleep and time away from
their families to help us complete the appropriations process,
including our subcommittee Clerks Martha Foley, Bob Bonner, Chris
Bigelow, Scott McKee, Matt Smith, Darek Newby--who we recognize and
thank upon his upcoming retirement--Rita Culp, Faye Cobb, Stephen
Steigleder, Nicole Cohen, Erin Kolodjeski, Jenny Neuscheler, and
Christina Monroe.
And the front office staff--Katelynn Thorpe, Danu Rojzman, Jason
Gray, Adam Wilson, Raquel Spencer, Alex Swann, Tom Tucker, Ryann
Kinney, Sebastian Franco, Celine Wolff, and Robert Baransaka.
And from my personal office--Becky Salay, Jack Rayburn, King Green,
Caitlin Peruccio, Marie Gualtieri, Harper White, Molly Opinsky, Jami
LaRue, John Neureuther, Merone Kahassai, and Daniel Robillard.
From the minority staff, thank you to Anne Marie Chotvacs, Johnnie
Kaberle, Alec Davis, Sara Peters, and the rest of the minority clerks
and staff. I look forward to working with the incoming Chair of the
Appropriations Committee Kay Granger in the 118th Congress. With
Senators Patty Murray and Susan Collins leading the Senate
Appropriations Committee, next year will be the first year that the
Appropriations Committee will be led on all four corners by women. In
fact, this is the first time ever, that any Congressional committee,
will have all four comers led entirely by women. I
[[Page H10527]]
look forward to serving with this historic, highly skilled group of
lawmakers.
Ms. MOORE of Wisconsin. Mr. Speaker, I rise today in support of the
FY 2023 omnibus that will come before this chamber shortly having
passed the Senate with bipartisan support. While this legislation--and
the process that produced it--is far from perfect, there are a number
of priorities that this legislation addresses that are critical to my
constituents.
I want to take a moment to talk about one of those priorities
including in this bill, a provision creating a Great Lakes Authority to
help put the Great Lakes states and region on equal footing with other
regions of our country that already have similar entities working to
coordinate regional economic development and growth.
I want to thank my friend and colleague Marcy Kaptur for her
leadership in this effort.
I remind my colleagues of how critical the Great Lakes are to our
country. While the Great Lakes--Superior, Michigan, Huron, Erie and
Ontario--are an environmental treasure with their connecting channels
forming the largest fresh surface water system on earth making up one-
fifth of the world's fresh surface water supply, the region is an
economic powerhouse as well.
According to the Great Lakes Chamber of Commerce, with one-third of
the U.S. population, nearly 39 percent of all U.S./Canadian trade to
the world, 19 of the world's best research universities and much of its
inventive power, the bi-national Great Lakes Region is the world's most
important economic engine--in GDP terms, the third largest economy in
the world.
But while other regions of our country have some form of federally
endowed regional entity or commission to support economic cooperation
and infrastructure and other investments, no such entity existed for
the Great Lakes until now.
This new commission should help sharpen, target, and increase
coordination among numerous federal programs and agencies, including
those already working in the Great Lakes, and bring in stakeholders
from each state and tribes in the region with the goal of helping to
keep moving the region forward on energy, environment, innovation, and
job creation, among other critical priorities.
This work will be critical to supporting my vision of a Great Lakes
region that continues to foster innovation, creates good paying jobs,
that provides high quality education and job training that prepares
individuals for better jobs, and that is equipped to address Great
Lakes challenges that often span state, and even international,
borders.
In this Congress, we have worked hard to invest in our nation's
infrastructure and to help create good paying jobs in our country while
working to bring manufacturing and more of the supply chain in critical
industries, home. A new Great Lakes Authority will help better position
the region to take advantage of those new opportunities.
This new Great Lakes Authority can help target transportation and
other infrastructure needs in the region which is critically important
to its economic competitiveness. It can help ensure our region's
workforce is prepared to meet the challenges of today's economy while
preparing for tomorrows through job skills training, skills development
and employment-related education.
And let's not forget how it can help address severely economically
distressed and underdeveloped areas of the region, whether urban,
rural, or tribal.
The establishment of this authority is a critical first step and I
urge the Administration to begin working with our governors to help get
the Authority up and running as quickly as possible, including
nominating a highly qualified and respected individual who knows the
region well to serve as the federal lead.
At the end of the day, this new authority recognizes that the Great
Lakes is better and stronger when we work together to address common
goals and shared visions that go well beyond partisan or even state
lines.
Mr. SOTO. Mr. Speaker, I commend the authors of the Fiscal Year 2023
Omnibus Appropriations Bill for including funding for Department of
Defense programs to support critically needed, secure, leading-edge
domestic semiconductor manufacturing technology. Specifically:
$40 million in additional funding for Industrial Base Analysis and
Sustainment Program's (IBAS) on-shore advanced packaging for strategic
mission enablement within the Research, Development, Test and
Evaluation, Defense-Wide account:
$10 million in additional funding for Aerospace Sensors' zero-trust
environment for semiconductor technology within the Research,
Development, Test and Evaluation, Air Force account; and
$5 million in additional funding for Aerospace Sensors' heterogeneous
integration of microelectronics within the Research. Development, Test
and Evaluation, Air Force account.
Microelectronics support nearly all DoD activities, enabling
capabilities such as the global positioning system, radar, command and
control, and communication. Ensuring secure access to leading-edge
microelectronics, however, is a challenge. The pandemic has shined a
light on the challenges associated with the global supply chain, the
changing global semiconductor industry, and the sophistication of U.S.
adversaries, who might target military electronic components.
IBAS is dedicated to ensuring that the DoD is positioned to
effectively address industrial base issues and support the National
Security Innovation Base. This includes strengthening and protecting
the domestic semiconductor supply chain to provide access to leading-
edge capabilities to accelerate innovation. One of the next generation
semiconductor technologies that IBAS is focusing on is called
Heterogeneous Integration and Advanced Packing. These activities
provide credible and reliable domestic advanced microelectronics
manufacturing capability. Funding for machine tooling and advanced
manufacturing capabilities will allow IBAS to support these next
generation production lines.
Further, the Air Force Research Lab (AFRL) is working on a new
modelling and simulation research program to advance next generation
semiconductor design and manufacturing, called a secure digital twin.
Funding for the zero-trust environment for semiconductor technology
will help provide the capabilities to deliver solutions to protect
against malicious function insertion, fraudulent products, theft of
intellectual property, and reliability failures within DoD
semiconductors.
I believe Congress should provide the resources necessary to update
our domestic microelectronics security framework. I am proud of the
work being undertaken in my district to support domestic semiconductor
manufacturing technology development as we work to address this
critical supply chain. I look forward to continuing to work with my
colleagues to support this goal.
Ms. MATSUI. Mr. Speaker, I strongly support the bill before us today
which will keep our government operating and make transformative
investments to tackle some of the Sacramento region's most pressing
challenges.
Despite the progress we've made with this bill, I believe we missed
an important opportunity to accomplish a bipartisan goal: securing
American telecommunications networks by fully funding the Secure and
Trusted Communications Networks Reimbursement Program.
As an original cosponsor of the Secure and Trusted Communications
Networks Act which created the Reimbursement Program, I believe it is
both an economic and national security imperative to implement it
fully.
However, the significant funding shortfall in the Program has
introduced severe uncertainty for small internet service providers and
undercuts their ability to execute plans to rip and replace vulnerable
network equipment. This poses a very significant national security
threat and without additional resources, the program cannot fulfill its
mandate.
That is why, in May, I led a bipartisan group of 20 Members urging
our colleagues to fully fund this shortfall. As we continue to discuss
a path forward on extending the Federal Communications Commission's
auction authority and plans for the lower three gigahertz band, I
believe it must include plans for addressing the shortfall in the
Reimbursement Program.
I will be voting for this bill and look forward to working with my
colleagues on a bipartisan basis to fully fund the Reimbursement
Program.
Mr. NADLER. Mr. Speaker, I rise in strong support of the Senate
Amendment to H.R. 2617--Consolidated Appropriations Act, 2023, which
includes my bill, the Pregnant Workers Fairness Act. The Pregnant
Workers Fairness Act will make a positive difference in the lives of
hundreds of thousands of pregnant and postpartum workers every year by
ensuring the availability of reasonable accommodations for those
pregnant workers who need them.
Far too many workers are forced to choose between the health of their
pregnancies and their jobs when they are denied a reasonable
accommodation at work--like a stool to sit on or an extra bathroom
break. When pregnant women are denied accommodations, they face health
risks including miscarriage and premature births, according to the
March of Dimes. Studies have shown an increased risk of miscarriage and
preterm birth as a result of heavy lifting, extended hours, or
prolonged periods of sitting or standing.
Courts have interpreted the Pregnancy Discrimination Act of 1978
narrowly and allowed employers to refuse to accommodate workers with
medical needs arising out of pregnancy even when they routinely
accommodate other physical limitations. By requiring pregnant employees
to identify a nonpregnant employee who received the same accommodation
they need, courts have placed pregnancy accommodations out of reach for
most workers. In addition, while the Americans with Disabilities Act
requires employers to make reasonable
[[Page H10528]]
accommodations for employees with disabilities, courts have
consistently held that a normally progressing pregnancy is not a
disability.
As a result, pregnant workers are still being routinely asked to
choose between their paycheck and a healthy pregnancy. Those who
continue to work without necessary accommodations, because they can't
afford not to work, risk a range of health complications that can and
do routinely endanger workers and their pregnancies.
After bipartisan negotiation in the Senate, the Cassidy-Casey
Pregnant Workers Fairness Act Amendment (S. Amdt. 6558 to H.R. 2617)
contains a narrow rule of construction that states, ``This Act is
subject to the applicability to religious employment set forth in Sec
702(a) of Title VII of the Civil Rights Act:'' It thus references Title
VII's existing religious exemption. By affirming the continued
applicability of 702(a), the rule of construction allows religious
institutions to continue to prefer coreligionists in the pregnancy
accommodation context. As a rule of construction, it differs from the
Foxx amendment that was proposed and defeated by the House of
Representatives, which changed the definition of those employers
covered by the Act and thus removed certain employers from the reach of
the Pregnant Workers Fairness Act entirely.
Section 702(a) of Title VII reads, ``This subchapter shall not apply
to an employer with respect to the employment of aliens outside any
State, or to a religious corporation, association, educational
institution, or society with respect to the employment of individuals
of a particular religion to perform work connected with the carrying on
by such corporation, association, educational institution, or society
of its activities.''
Section 702
(a) of Title VII applies only to religious institutions--which has
long been understood as meaning non-profit religious institutions and
not all non-profits. The exemption provides an exception from Title
VII's prohibition of employment discrimination on the basis of
religion. As the 6th Circuit explained, the exemption allows religious
employers to ``choose to employ members of their own religion without
fear of being charged with religious discrimination.'' Boyd v. Harding
Acad. of Memphis, Inc., 88 F.3d 410,413 (6th Cir. 1996). It is a narrow
exemption from a religious antidiscrimination rule for a specific
purpose.
Properly read, the rule of construction thus means that religious
institutions can continue to prefer coreligionists in making pregnancy
accommodations. For example, if a religious employer were choosing
between making an available role related to ``religious employment''
available to a pregnant worker as a light duty assignment or hiring a
co-religionist for that role, it could do the latter without running
afoul of the PWFA.
Further, Section 7 of PWFA, which states, ``Nothing in this Act shall
be construed to invalidate or limit the powers, remedies, and
procedures under any Federal law or Jaw of any State or political
subdivision of any State or jurisdiction that provides greater or equal
protection for individuals affected by pregnancy, childbirth, or
related medical conditions,'' makes clear that no reading of the rule
of construction can be understood to undermine rights otherwise
protected under law for pregnant workers.
The Pregnant Workers Fairness Act aligns with Title VII in providing
protections and reasonable accommodations for ``pregnancy, childbirth,
and related medical conditions'', like lactation. The bill has
overwhelming bipartisan support--it passed the House of Representatives
in 2021 on a vote of 315-101 and has been endorsed by a broad and
diverse set of stakeholders, including the U.S. Chamber of Commerce,
leading businesses, the U.S. Conference of Catholic Bishops and other
religious organizations, and over 200 women's rights, worker's rights,
maternal health, and racial justice organizations. 73 Senators voted to
add the Act to H.R. 2617 yesterday.
I urge my colleagues to vote Yay on Senate Amendment to H.R. 2617--
Consolidated Appropriations Act, 2023.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1531, the previous question is ordered.
The question is on the motion offered by the gentlewoman from
Connecticut (Ms. DeLauro).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Ms. GRANGER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 225,
nays 201, answered ``present'' 1, not voting 4, as follows:
[Roll No. 549]
YEAS--225
Adams
Aguilar
Allred
Auchincloss
Axne
Barragan
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bourdeaux
Bowman
Boyle, Brendan F.
Brown (MD)
Brown (OH)
Brownley
Bush
Bustos
Butterfield
Carbajal
Cardenas
Carson
Carter (LA)
Cartwright
Case
Casten
Castor (FL)
Castro (TX)
Cheney
Cherfilus-McCormick
Chu
Cicilline
Clark (MA)
Clarke (NY)
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Craig
Crow
Cuellar
Davids (KS)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Demings
DeSaulnier
Dingell
Doggett
Doyle, Michael F.
Escobar
Eshoo
Espaillat
Evans
Fitzpatrick
Fletcher
Foster
Frankel, Lois
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez, Vicente
Gottheimer
Green, Al (TX)
Grijalva
Harder (CA)
Hayes
Herrera Beutler
Higgins (NY)
Himes
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jacobs (CA)
Jacobs (NY)
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Jones
Kahele
Kaptur
Katko
Keating
Kelly (IL)
Khanna
Kildee
Kilmer
Kim (NJ)
Kind
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Leger Fernandez
Levin (CA)
Levin (MI)
Lieu
Lofgren
Lowenthal
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Manning
Matsui
McBath
McCollum
McGovern
McNerney
Meeks
Meng
Mfume
Moore (WI)
Morelle
Moulton
Mrvan
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Newman
Norcross
O'Halleran
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Peltola
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Ross
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (NY)
Ryan (OH)
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Sewell
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stansbury
Stanton
Stevens
Strickland
Suozzi
Swalwell
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres (CA)
Torres (NY)
Trahan
Trone
Underwood
Upton
Vargas
Veasey
Velazquez
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Williams (GA)
Wilson (FL)
Womack
Yarmuth
NAYS--201
Aderholt
Allen
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bentz
Bergman
Bice (OK)
Biggs
Bilirakis
Bishop (NC)
Boebert
Bost
Brady
Brooks
Buchanan
Bucshon
Budd
Burchett
Burgess
Calvert
Cammack
Carey
Carl
Carter (GA)
Carter (TX)
Cawthorn
Chabot
Cline
Cloud
Clyde
Cole
Comer
Conway
Crawford
Crenshaw
Curtis
Davidson
DesJarlais
Diaz-Balart
Donalds
Duncan
Dunn
Ellzey
Emmer
Estes
Fallon
Feenstra
Ferguson
Finstad
Fischbach
Fitzgerald
Fleischmann
Flood
Flores
Foxx
Franklin, C. Scott
Fulcher
Gaetz
Garbarino
Garcia (CA)
Gibbs
Gimenez
Gohmert
Gonzales, Tony
Gonzalez (OH)
Good (VA)
Gooden (TX)
Gosar
Granger
Graves (LA)
Graves (MO)
Green (TN)
Greene (GA)
Griffith
Grothman
Guest
Guthrie
Harris
Harshbarger
Hartzler
Hern
Herrell
Hice (GA)
Higgins (LA)
Hill
Hinson
Hudson
Huizenga
Issa
Jackson
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kim (CA)
Kustoff
LaHood
LaMalfa
Lamborn
Latta
LaTurner
Lesko
Letlow
Long
Loudermilk
Lucas
Luetkemeyer
Mace
Malliotakis
Mann
Massie
Mast
McCarthy
McCaul
McClain
McClintock
McHenry
Meijer
Meuser
Miller (IL)
Miller (WV)
Miller-Meeks
Moolenaar
Mooney
Moore (AL)
Moore (UT)
Mullin
Murphy (NC)
Nehls
Newhouse
Norman
Obernolte
Ocasio-Cortez
Owens
Palazzo
Palmer
Pence
Perry
Pfluger
Posey
Reschenthaler
Rice (SC)
Rodgers (WA)
Rogers (AL)
Rogers (KY)
Rose
Rosendale
Rouzer
Roy
Rutherford
Salazar
Scalise
Schweikert
Scott, Austin
Sempolinski
Sessions
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smucker
Spartz
Stauber
Steel
Stefanik
Steil
Steube
Stewart
Taylor
Tenney
Thompson (PA)
Tiffany
Timmons
Turner
Valadao
Van Drew
Van Duyne
Wagner
Walberg
Waltz
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Williams (TX)
Wilson (SC)
Wittman
Yakym
Zeldin
ANSWERED ``PRESENT''--1
Tlaib
[[Page H10529]]
NOT VOTING--4
Buck
Gallagher
Hollingsworth
McKinley
{time} 1400
Ms. OCASIO-CORTEZ changed her vote from ``yea'' to ``nay.''
Messrs. BROWN of Maryland and ROGERS of Kentucky changed their vote
from ``nay'' to ``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
PERSONAL EXPLANATION
Mr. GALLAGHER. Mr. Speaker, I returned home to Green Bay, Wisconsin
to attend to a family matter and avoid dangerous travel ahead of the
powerful snow storm. Had I been present, I would have voted ``nay'' on
rollcall No. 547, ``yea'' on rollcall No. 548, and ``nay'' on rollcall
No. 549.
Members Recorded Pursuant to House Resolution 8, 117th Congress
Adams (Ross)
Aguilar (Soto)
Amodei (Balderson)
Auchincloss (Wasserman Schultz)
Axne (Pappas)
Babin (Nehls)
Bacon (Flood)
Baird (Bucshon)
Barr (Donalds)
Barragan (Clarke (NY))
Beatty (Cherfilus-McCormick)
Bentz (Fitzgerald)
Bera (Beyer)
Bishop (GA) (Strickland)
Bishop (NC) (Donalds)
Blumenauer (Beyer)
Boebert (Clyde)
Bonamici (Wasserman Schultz)
Brooks (Moore (AL))
Brown (MD)
(Ruppersberger)
Brown (OH)
(Cherfilus-McCormick)
Brownley (Correa)
Buchanan (Bucshon)
Budd (Kustoff)
Burgess (Weber (TX))
Bush (Bowman)
Bustos (Pappas)
Cardenas (Soto)
Carter (GA) (Murphy (NC))
Carter (TX) (Nehls)
Cartwright (Beyer)
Castor (FL) (Wasserman Schultz)
Castro (TX) (Takano)
Chu (Takano)
Cleaver (Davids (KS))
Clyburn (Wasserman Schultz)
Cohen (Casten)
Conway (Valadao)
Cooper (Beyer)
Costa (Correa)
Courtney (Perlmutter)
Crawford (Moore (AL))
Crow (Blunt Rochester)
Cuellar (Garcia (TX))
Curtis (Armstrong)
Davis, Danny K. (Evans)
Dean (Evans)
DeFazio (Pallone)
DeGette (Blunt Rochester)
DelBene (Strickland)
Demings (Evans)
DeSaulnier (Beyer)
DesJarlais (Fleischmann)
Dingell (Raskin)
Doggett (Takano)
Doyle, Michael F. (Evans)
Duncan (Weber (TX))
Escobar (Garcia (TX))
Ferguson (Kustoff)
Fletcher (Evans)
Flores (Weber (TX))
Foster (Casten)
Frankel, Lois (Wasserman Schultz)
Gallego (Beyer)
Garamendi (Correa)
Garbarino (Fischbach)
Garcia (IL) (Correa)
Gibbs (Joyce (PA))
Gimenez (Diaz-Balart)
Gomez (Torres (CA))
Gonzales, Tony (Weber (TX))
Gonzalez, Vicente (Garcia (TX))
Good (Clyde)
Gooden (TX) (Joyce (PA))
Gosar (Weber (TX))
Gottheimer (Craig)
Graves (MO) (Fleischmann)
Greene (GA) (Moore (AL))
Grijalva (Torres (CA))
Grothman (Fitzgerald)
Harris (Clyde)
Hartzler (Weber (TX))
Hayes (Raskin)
Hern (Flood)
Herrell (Joyce (PA))
Herrera Beutler (Valadao)
Hice (GA) (Bishop (NC))
Higgins (NY) (Pallone)
Houlahan (Evans)
Hudson (Rouzer)
Huffman (Casten)
Issa (Calvert)
Jackson (Nehls)
Jacobs (NY) (Zeldin)
Jayapal (Cicilline)
Johnson (LA) (Nehls)
Johnson (TX) (Pallone)
Joyce (OH) (Valadao)
Kahele (Correa)
Katko (Kim (CA))
Keating (Perlmutter)
Kelly (IL) (Casten)
Kelly (PA) (Keller)
Khanna (Blunt Rochester)
Kildee (Evans)
Kilmer (Strickland)
Kind (Beyer)
Kinzinger (Valadao)
Kirkpatrick (Pallone)
Krishnamoorthi (Pappas)
Kuster (Pappas)
LaHood (Kustoff)
LaMalfa (Fleischmann)
Lamborn (Fleischmann)
Langevin (Pappas)
Larson (CT) (Blunt Rochester)
LaTurner (Valadao)
Lawrence (Garcia (TX))
Lawson (FL) (Evans)
Lee (NV) (Pappas)
Leger Fernandez (Perlmutter)
Letlow (Nehls)
Lofgren (Takano)
Long (Bucshon)
Loudermilk (Fleischmann)
Lowenthal (Beyer)
Luetkemeyer (Kim (CA))
Luria (Connolly)
Lynch (Pappas)
Mace (Nehls)
Malliotakis (Yakym)
Maloney, Sean P. (Torres (CA))
Manning (Ross)
McBath (Strickland)
McCaul (Weber (TX))
McClain (Fitzgerald)
McHenry (Donalds)
Meeks (Cherfilus-McCormick)
Meijer (Upton)
Meng (Clarke (NY))
Meuser (Nehls)
Miller (IL) (Donalds)
Miller (WV) (Murphy (NC))
Miller-Meeks (Keller)
Moolenaar (Bergman)
Moore (UT) (Armstrong)
Moore (WI) (Raskin)
Morelle (Perlmutter)
Moulton (Pappas)
Mrvan (Perlmutter)
Murphy (FL) (Wasserman Schultz)
Napolitano (Correa)
Neal (Evans)
Neguse (Perlmutter)
Newman (Correa)
Obernolte (Pfluger)
Ocasio-Cortez (Bowman)
O'Halleran (Pappas)
Omar (Blunt Rochester)
Owens (Armstrong)
Palazzo (Fleischmann)
Pascrell (Pallone)
Payne (Pallone)
Peters (Torres (CA))
Pingree (Beyer)
Pocan (Raskin)
Porter (Beyer)
Posey (Diaz-Balart)
Pressley (Perlmutter)
Quigley (Blunt Rochester)
Rice (NY) (Wasserman Schultz)
Rice (SC) (Weber (TX))
Rodgers (WA) (Bilirakis)
Rogers (AL) (Calvert)
Rogers (KY) (Fleischmann)
Roybal-Allard (Correa)
Ruiz (Takano)
Rush (Torres (CA))
Ryan (OH) (Blunt Rochester)
Salazar (Dunn)
Sanchez (Levin (CA))
Scanlon (Evans)
Schakowsky (Casten)
Schneider (Perlmutter)
Schrader (Blunt Rochester)
Scott, David (Garcia (TX))
Sewell (Clarke (NY))
Sherrill (Phillips)
Simpson (Fulcher)
Sires (Pallone)
Slotkin (Raskin)
Smith (WA) (Garcia (TX))
Smucker (Joyce (PA))
Spartz (Bucshon)
Speier (Torres (CA))
Stansbury (Perlmutter)
Stauber (Fischbach)
Steel (Kim (CA))
Stefanik (Zeldin)
Steube (Diaz-Balart)
Stevens (Casten)
Stewart (Armstrong)
Suozzi (Clarke (NY))
Swalwell (Correa)
Thompson (CA) (Torres (CA))
Thompson (MS) (Strickland)
Tiffany (Fitzgerald)
Titus (Pallone)
Tlaib (Levin (MI))
Torres (NY) (Blunt Rochester
Trahan (Pappas)
Trone (Phillips)
Turner (Garcia (CA))
Van Drew (Nehls)
Van Duyne (Nehls)
Vargas (Correa)
Veasey (Clarke (NY))
Velazquez (Clarke (NY))
Wagner (Fleischmann)
Waltz (Dunn)
Watson Coleman (Pallone)
Welch (Pallone)
Wenstrup (Johnson (OH))
Williams (GA) (Perlmutter)
Williams (TX) (Weber (TX))
Wilson (FL) (Cicilline)
Mr. ROY. Mr. Speaker, reserving the right to object.
The SPEAKER pro tempore (Mr. Butterfield). The gentleman is
recognized on his reservation.
Mr. ROY. Mr. Speaker, I would note that this $1.7 trillion
legislation is moving off the floor without a physical quorum present.
There were 218 votes cast by proxy on the rule and 226 votes cast by
proxy on the final passage of the bill.
Parliamentary Inquiries
Mr. ROY. Mr. Speaker, parliamentary inquiries.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. ROY. Can the Speaker advise whether there is a physical quorum
present as required under the Constitution and whether there is any
recourse for any Member under our rules to challenge a ruling that
there is a quorum?
The SPEAKER pro tempore. The Chair will just note that a quorum was,
indeed, present.
Mr. ROY. Under what rule does the Speaker make the assertion that a
quorum is present when there were 226 votes cast by proxy, i.e., not
physically present in the Chamber?
The SPEAKER pro tempore. Pursuant to section 3(b) of H. Res. 965, the
116th Congress carried forward by section 3 of H. Res. 8, Members
casting their vote or recording their presence by proxy are counted for
the purpose of establishing a quorum under the rules of the House.
Mr. ROY. One last parliamentary inquiry. Does any Member of this body
have recourse to ask the Speaker to count the Members physically
present here in the body?
The SPEAKER pro tempore. The Chair would simply note again that under
the rules of the House, a quorum was, indeed, present.
Mr. ROY. Mr. Speaker, withdrawn. No objection.
The SPEAKER pro tempore. The gentleman withdraws his reservation.
Without objection, the motion to reconsider is now laid on the table.
There was no objection.
____________________