    [117th Congress Public Law 328]
    [From the U.S. Government Publishing Office]

    [[Page 136 STAT. 4459]]

    Public Law 117-328
    117th Congress

                                     An Act

    Making consolidated appropriations for the fiscal year ending September
     30, 2023, and for providing emergency assistance for the situation in
    Ukraine, and for other purposes. <<NOTE: Dec. 29, 2022 -  [H.R. 2617]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Consolidated
    Appropriations Act, 2023.>>
    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

    [[Page 136 STAT. 4460]]

    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

    [[Page 136 STAT. 4461]]

      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. <<NOTE: 1 USC 1 note.>> 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.

    [[Page 136 STAT. 4462]]

    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. <<NOTE: 2 USC 4501 note.>> ADJUSTMENTS TO COMPENSATION.

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

       DIVISION A-- <<NOTE: Agriculture, Rural Development, Food and Drug
            Administration, and Related Agencies Appropriations Act,
     2023.>> 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

    [[Page 136 STAT. 4463]]

    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, <<NOTE: Reimbursements.>> 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 <<NOTE: Time
    period. Notification.>> 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 <<NOTE: Time period. Notification.>> 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.

    [[Page 136 STAT. 4464]]

                     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.

    [[Page 136 STAT. 4465]]

                           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, <<NOTE: Surveys.>> 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

    [[Page 136 STAT. 4466]]

    exceed 25 percent of the total value of the land or interests
    transferred out of Federal ownership, $1,744,279,000:
    Provided, <<NOTE: 7 USC 2254.>>  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, <<NOTE: Contracts.>>  That appropriations
    hereunder shall be available for entering into lease agreements at any
    Agricultural Research Service location for the construction of a
    research facility by a non-Federal entity for use by the Agricultural
    Research Service and a condition of the lease shall be that any facility
    shall be owned, operated, and maintained by the non-Federal entity and
    shall be removed upon the expiration or termination of the lease
    agreement:  Provided further, <<NOTE: Maryland.>> 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 <<NOTE: Easements.>> 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, <<NOTE: Easements.>> 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).

    [[Page 136 STAT. 4467]]

                   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, <<NOTE: Grants. Alaska. Hawaii.>> 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

    [[Page 136 STAT. 4468]]

    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

    [[Page 136 STAT. 4469]]

    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 <<NOTE: Brucellosis eradication.>> 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.

         <<NOTE: Fees. Reimbursement.>> 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.

    [[Page 136 STAT. 4470]]

                            buildings and facilities

        For plans, construction, repair, preventive maintenance,
    environmental support, improvement, extension, alteration, and purchase
    of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
    acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
    remain available until expended.

                         Agricultural Marketing Service

                               marketing services

        For necessary expenses of the Agricultural Marketing Service,
    $237,695,000, of which $7,504,000 shall be available for the purposes of
    section 12306 of Public Law 113-79, and of which $1,000,000 shall be
    available for the purposes of section 779 of division A of Public Law
    117-103:  Provided, That of the amounts made available under this
    heading, $25,000,000, to remain available until expended, shall be to
    carry out section 12513 of Public Law 115-334, of which $23,000,000
    shall be for dairy business innovation initiatives established in Public
    Law 116-6 and the Secretary shall take measures to ensure an equal
    distribution of funds between these three regional innovation
    initiatives:  Provided further, That this appropriation shall be
    available pursuant to law (7 U.S.C. 2250) for the alteration and repair
    of buildings and improvements, but the cost of altering any one building
    during the fiscal year shall not exceed 10 percent of the current
    replacement value of the building.
         <<NOTE: Fees.>> 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, <<NOTE: Notification.>> 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).

    [[Page 136 STAT. 4471]]

                       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, <<NOTE: Notification.>> 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 <<NOTE: Employment positions.>>  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, <<NOTE: Continuation.>>  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.

    [[Page 136 STAT. 4472]]

                                    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, <<NOTE: Notification. Expenditure
    plan. Cost estimate. Review. Approval.>>  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 <<NOTE: Reports. Assessment.>> on
    Appropriations of both Houses of Congress:  Provided further, That the
    agency shall submit a report by the end of the

    [[Page 136 STAT. 4473]]

    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, <<NOTE: Notification. Advance approval.>> 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).

    [[Page 136 STAT. 4474]]

                geographically disadvantaged farmers and ranchers

        For necessary expenses to carry out direct reimbursement payments to
    geographically disadvantaged farmers and ranchers under section 1621 of
    the Food Conservation, and Energy Act of 2008 (7 U.S.C. 8792),
    $4,000,000, to remain available until expended.

               agricultural credit insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
    U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
    Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
    (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
    relending program (7 U.S.C. 1936c), and Indian highly fractionated land
    loans (25 U.S.C. 5136) to be available from funds in the Agricultural
    Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm
    ownership loans and $3,100,000,000 for farm ownership direct loans;
    $2,118,491,000 for unsubsidized guaranteed operating loans and
    $1,633,333,000 for direct operating loans; emergency loans, $4,062,000;
    Indian tribe land acquisition loans, $20,000,000; guaranteed
    conservation loans, $150,000,000; relending program, $61,426,000; Indian
    highly fractionated land loans, $5,000,000; and for boll weevil
    eradication program loans, $60,000,000:  Provided, <<NOTE: Pink
    Bollworm.>> 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, <<NOTE: Notification. Time period.>> 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

    [[Page 136 STAT. 4475]]

    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, <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 4476]]

    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 <<NOTE: Contracts.>>

        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

    [[Page 136 STAT. 4477]]

    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, <<NOTE: Notification. Time
    period.>> That the Secretary shall notify the Committees on
    Appropriations of the House and Senate in writing 15 days prior to the
    obligation or commitment of any emergency funds from the Commodity
    Credit Corporation.

                           hazardous waste management

                            (limitation on expenses)

        For the current fiscal year, the Commodity Credit Corporation shall
    not expend more than $15,000,000 for site investigation and cleanup
    expenses, and operations and maintenance expenses to comply with the
    requirement of section 107(g) of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
    section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).

                                    TITLE III

                           RURAL DEVELOPMENT PROGRAMS

               Office of the Under Secretary for Rural Development

        For necessary expenses of the Office of the Under Secretary for
    Rural Development, $1,620,000:  Provided, That funds made available by
    this Act to an agency in the Rural Development mission area for salaries
    and expenses are available to fund up to one administrative support
    staff for the Office.

                                Rural Development

                              salaries and expenses

                         (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of Rural Development programs, including activities with
    institutions concerning the development and operation of agricultural
    cooperatives; and for cooperative agreements; $351,087,000:  Provided,
    That of the amount made available under this heading, up to $5,000,000,
    to remain available until September 30, 2024, shall be for the Rural
    Partners Network activities of the Department of Agriculture, and may be
    transferred to other agencies of the Department for such purpose,
    consistent with the missions and authorities of such agencies:  Provided
    further, That of the amount made available under this heading, no less
    than $135,000,000, to remain available until expended, shall be used for
    information technology expenses:  Provided further, That notwithstanding
    any other provision of law, funds appropriated under

    [[Page 136 STAT. 4478]]

    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, <<NOTE: Fees.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Incentives. Determination.>>  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

    [[Page 136 STAT. 4479]]

    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, <<NOTE: Contracts.>> 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 <<NOTE: Time periods.>>

        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

    [[Page 136 STAT. 4480]]

    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, <<NOTE: Applicability.>>  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, <<NOTE: Determination.>>  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, <<NOTE: Applicability.>>  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.

    [[Page 136 STAT. 4481]]

                   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, <<NOTE: Loans. Grants.>>  That any unobligated balances from
    prior year appropriations under this heading for the cost of direct
    loans, loan guarantees and grants, including amounts deobligated or
    cancelled, may be made available to cover the subsidy costs for direct
    loans and or loan guarantees under this heading in this fiscal year:
    Provided further, That no amounts may be made available pursuant to the
    preceding proviso from amounts that were designated by the Congress as
    an emergency requirement pursuant to a Concurrent Resolution on the
    Budget or the Balanced Budget and Emergency Deficit Control Act of 1985,
    or that were specified in the table titled ``Community Project Funding/
    Congressionally Directed Spending'' in the explanatory statement for
    division A of Public Law 117-103 described in section 4 in the matter
    preceding such division A:  Provided further, That $10,000,000 of the
    amount appropriated under this heading shall be available for community
    facilities grants to tribal colleges, as authorized by section
    306(a)(19) of such Act:  Provided further, That sections 381E-H and 381N
    of the Consolidated Farm and Rural Development Act are not applicable to
    the funds made available under this heading.

    [[Page 136 STAT. 4482]]

                       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.

    [[Page 136 STAT. 4483]]

        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, <<NOTE: Loans.>> 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, <<NOTE: Loans.>> 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.

    [[Page 136 STAT. 4484]]

                             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, <<NOTE: Alaska.>> 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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4485]]

    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, <<NOTE: Determination.>>  That if the Secretary determines that
    any portion of the amount made available for one percent loans is not
    needed for such loans, the Secretary may use such amounts for grants
    authorized by section 306(a)(2) of the Consolidated Farm and Rural
    Development Act:  Provided further, That if any funds made available for
    the direct loan subsidy costs remain unobligated after July 31, 2024,
    such unobligated balances may be used for grant programs funded under
    this heading:  Provided further, That $10,000,000 of the amount
    appropriated under this heading shall be transferred to, and merged
    with, the Rural Utilities Service, High Energy Cost Grants Account to
    provide grants authorized under section 19 of the Rural Electrification
    Act of 1936 (7 U.S.C. 918a):  Provided further, That sections 381E-H and
    381N of the Consolidated Farm and Rural Development Act are not
    applicable to the funds made available under this heading.

       rural electrification and telecommunications loans program account

                          (including transfer of funds)

        The principal amount of loans and loan guarantees as authorized by
    sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of
    1936 (7 U.S.C. 904, 935, 936, 940c-1, and 940g) shall be made as
    follows: guaranteed rural electric loans made pursuant to section 306 of
    that Act, $2,167,000,000; cost of money direct loans made pursuant to
    sections 4, notwithstanding the one-eighth of one percent in 4(c)(2),
    and 317, notwithstanding 317(c), of that Act, $4,333,000,000; guaranteed
    underwriting loans pursuant to section 313A of that Act, $900,000,000;
    and for cost-of-money rural telecommunications loans made pursuant to
    section 305(d)(2) of that Act, $690,000,000:  Provided, That up to
    $2,000,000,000 shall be used for the construction, acquisition, design,
    engineering or improvement of fossil-fueled electric generating plants
    (whether new or existing) that utilize carbon subsurface utilization and
    storage systems.
        For the cost of direct loans as authorized by section 305(d)(2) of
    the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
    the cost of modifying loans, as defined in section 502 of the
    Congressional Budget Act of 1974, cost of money rural telecommunications
    loans, $3,726,000.
        In addition, $11,500,000 to remain available until expended, to
    carry out section 6407 of the Farm Security and Rural Investment Act of
    2002 (7 U.S.C. 8107a):  Provided, That the energy efficiency measures
    supported by the funding in this paragraph shall contribute in a
    demonstrable way to the reduction of greenhouse gases.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $33,270,000, which

    [[Page 136 STAT. 4486]]

    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, <<NOTE: Grants.>>  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, <<NOTE: Grants.>>  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

    [[Page 136 STAT. 4487]]

    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, <<NOTE: Requirements.>>  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,

    [[Page 136 STAT. 4488]]

    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, <<NOTE: Waiver authority.>> That upon termination of a
    federally mandated vendor moratorium and subject to terms and conditions
    established by the Secretary, the Secretary may waive the requirement at
    7 CFR 246.12(g)(6) at the request of a State agency.

                    supplemental nutrition assistance program

        For necessary expenses to carry out the Food and Nutrition Act of
    2008 (7 U.S.C. 2011 et seq.), $153,863,723,000, of which $3,000,000,000,
    to remain available through September 30, 2025, shall be placed in
    reserve for use only in such amounts and at

    [[Page 136 STAT. 4489]]

    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, <<NOTE: Workfare requirements.>>  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, <<NOTE: Contracts. Studies. Evaluations.>>  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.

    [[Page 136 STAT. 4490]]

                                     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, <<NOTE: Reimbursement.>>  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.

    [[Page 136 STAT. 4491]]

       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, <<NOTE: Reimbursement.>>  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

    [[Page 136 STAT. 4492]]

    user fees authorized by 21 U.S.C. 379j, and shall be credited to this
    account and remain available until expended; $582,500,000 shall be
    derived from human generic drug user fees authorized by 21 U.S.C. 379j-
    42, and shall be credited to this account and remain available until
    expended; $41,600,000 shall be derived from biosimilar biological
    product user fees authorized by 21 U.S.C. 379j-52, and shall be credited
    to this account and remain available until expended; $32,144,000 shall
    be derived from animal drug user fees authorized by 21 U.S.C. 379j-12,
    and shall be credited to this account and remain available until
    expended; $29,303,000 shall be derived from generic new animal drug user
    fees authorized by 21 U.S.C. 379j-21, and shall be credited to this
    account and remain available until expended; $712,000,000 shall be
    derived from tobacco product user fees authorized by 21 U.S.C. 387s, and
    shall be credited to this account and remain available until expended:
    Provided further, That in addition to and notwithstanding any other
    provision under this heading, amounts collected for prescription drug
    user fees, medical device user fees, human generic drug user fees,
    biosimilar biological product user fees, animal drug user fees, and
    generic new animal drug user fees that exceed the respective fiscal year
    2023 limitations are appropriated and shall be credited to this account
    and remain available until expended:  Provided further, That fees
    derived from prescription drug, medical device, human generic drug,
    biosimilar biological product, animal drug, and generic new animal drug
    assessments for fiscal year 2023, including any such fees collected
    prior to fiscal year 2023 but credited for fiscal year 2023, shall be
    subject to the fiscal year 2023 limitations:  Provided further, That the
    Secretary may accept payment during fiscal year 2023 of user fees
    specified under this heading and authorized for fiscal year 2024, prior
    to the due date for such fees, and that amounts of such fees assessed
    for fiscal year 2024 for which the Secretary accepts payment in fiscal
    year 2023 shall not be included in amounts under this heading:  Provided
    further, That none of these funds shall be used to develop, establish,
    or operate any program of user fees authorized by 31 U.S.C. 9701:
    Provided further, That of the total amount appropriated: (1)
    $1,196,097,000 shall be for the Center for Food Safety and Applied
    Nutrition and related field activities in the Office of Regulatory
    Affairs, of which no less than $15,000,000 shall be used for inspections
    of foreign seafood manufacturers and field examinations of imported
    seafood; (2) $2,289,290,000 shall be for the Center for Drug Evaluation
    and Research and related field activities in the Office of Regulatory
    Affairs, of which no less than $10,000,000 shall be for pilots to
    increase unannounced foreign inspections and shall remain available
    until expended; (3) $489,594,000 shall be for the Center for Biologics
    Evaluation and Research and for related field activities in the Office
    of Regulatory Affairs; (4) $287,339,000 shall be for the Center for
    Veterinary Medicine and for related field activities in the Office of
    Regulatory Affairs; (5) $736,359,000 shall be for the Center for Devices
    and Radiological Health and for related field activities in the Office
    of Regulatory Affairs; (6) $76,919,000 shall be for the National Center
    for Toxicological Research; (7) $677,165,000 shall be for the Center for
    Tobacco Products and for related field activities in the Office of
    Regulatory Affairs; (8) $214,082,000 shall be for Rent and Related
    activities, of which $55,893,000 is for White Oak Consolidation, other
    than the amounts

    [[Page 136 STAT. 4493]]

    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, <<NOTE: Determination.>>  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 <<NOTE: Advance
    approval.>> funds may be transferred from one specified activity to
    another with the prior approval of the Committees on Appropriations of
    both Houses of Congress.

         <<NOTE: Fees.>> 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

    [[Page 136 STAT. 4494]]

    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, <<NOTE: Determination.>>  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, <<NOTE: Notification.>>  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, <<NOTE: Determination.>>  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, <<NOTE: Notification. Approval. Deadline.>>  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. <<NOTE: Advance approvals. Notifications.>>
    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

    [[Page 136 STAT. 4495]]

    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, <<NOTE: Determination.>>  That the limitations on the
    obligation

    [[Page 136 STAT. 4496]]

    of funds pending notification to Congressional Committees shall not
    apply to any obligation that, as determined by the Secretary, is
    necessary to respond to a declared state of emergency that significantly
    impacts the operations of the National Finance Center; or to evacuate
    employees of the National Finance Center to a safe haven to continue
    operations of the National Finance Center.

        Sec. 703.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 704. <<NOTE: Contracts.>>   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. <<NOTE: Determination. Approvals.>>  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, <<NOTE: Notification.>>  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

    [[Page 136 STAT. 4497]]

    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. <<NOTE: Pornography.>>  (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, <<NOTE: Notification. Time
    period.>>  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

    [[Page 136 STAT. 4498]]

    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. <<NOTE: Notifications. Approvals. Time period.>>  (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

    [[Page 136 STAT. 4499]]

    authorities referred to in subsection (a) involving funds in excess of
    $500,000 or 10 percent, whichever is less, that--
                (1) augments existing programs, projects, or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;

    unless the Secretary of Agriculture or the Secretary of Health and Human
    Services (as the case may be) notifies in writing and receives approval
    from the Committees on Appropriations of both Houses of Congress at
    least 30 days in advance of the reprogramming or transfer of such funds
    or the use of such authority.
        (c) The Secretary of Agriculture or the Secretary of Health and
    Human Services shall notify in writing and receive approval from the
    Committees on Appropriations of both Houses of Congress before
    implementing any program or activity not carried out during the previous
    fiscal year unless the program or activity is funded by this Act or
    specifically funded by any other Act.
        (d) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury derived by the collection of
    fees available to the agencies funded by this Act, shall be available
    for--
                (1) modifying major capital investments funding levels,
            including information technology systems, that involves
            increasing or decreasing funds in the current fiscal year for
            the individual investment in excess of $500,000 or 10 percent of
            the total cost, whichever is less;
                (2) realigning or reorganizing new, current, or vacant
            positions or agency activities or functions to establish a
            center, office, branch, or similar entity with ten or more
            personnel; or
                (3) carrying out activities or functions that were not
            described in the budget request;

    unless the agencies funded by this Act notify, in writing, the
    Committees on Appropriations of both Houses of Congress at least 30 days
    in advance of using the funds for these purposes.
        (e) As described in this section, no funds may be used for any
    activities unless the Secretary of Agriculture or the Secretary of
    Health and Human Services receives from the Committee on Appropriations
    of both Houses of Congress written or electronic mail confirmation of
    receipt of the notification as required in this section.
        Sec. 717. <<NOTE: Fees.>>   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

    [[Page 136 STAT. 4500]]

    Agriculture, non-Department of Health and Human Services, or non-Farm
    Credit Administration employee.
        Sec. 719. <<NOTE: News stories. Notification.>>   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. <<NOTE: Time period. Reimbursement.>>  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. <<NOTE: Deadline. Spending plan.>>   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. <<NOTE: Determination. Prisons and prisoners.>>  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. <<NOTE: Loans.>>   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, <<NOTE: Notification. Time period.>>  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. <<NOTE: Notification. Advance approval.>>   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,

    [[Page 136 STAT. 4501]]

    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, <<NOTE: Applicability. Effective date.>>  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

    [[Page 136 STAT. 4502]]

    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) <<NOTE: Audits. Evaluation.>>  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) <<NOTE: Public information. Reports.>>  promptly make
            publicly available the final reports of any audits or reviews
            conducted pursuant to subsection (1).

        (b) <<NOTE: Applicability.>>  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. <<NOTE: Iron and steel products.>>  (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) <<NOTE: Definition.>>  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) <<NOTE: Waiver request. Public information. Records. Time
    period.>>  If the Secretary or the designee receives a request for a
    waiver under this section, the Secretary or the designee shall

    [[Page 136 STAT. 4503]]

    make available to the public on an informal basis a copy of the request
    and information available to the Secretary or the designee concerning
    the request, and shall allow for informal public input on the request
    for at least 15 days prior to making a finding based on the
    request. <<NOTE: Web posting.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>> 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. <<NOTE: Lobbying.>>   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, <<NOTE: Definition.>>  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, <<NOTE: Applicability.>>  That with respect to specific
    activities for which program levels have been made available by this Act
    that are not supported

    [[Page 136 STAT. 4504]]

    by budget authority, the requirements of this section shall be applied
    to such program level.

        Sec. 737. <<NOTE: Human embryos.>>  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. <<NOTE: Time periods. School breakfast.>>   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) <<NOTE: Hemp and hemp seeds.>>  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. <<NOTE: Waiver authority.>>  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

    [[Page 136 STAT. 4505]]

    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. <<NOTE: Water. Determination. Time period.>>  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. <<NOTE: Determination.>>   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. <<NOTE: Compliance inspection. 7 USC 2144 note.>>   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. <<NOTE: Poultry and poultry products. China.>>   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. <<NOTE: Time period. Requirement. School lunches.>>   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.

    [[Page 136 STAT. 4506]]

        Sec. 754. <<NOTE: Grants.>>  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. <<NOTE: 7 USC 2146 note.>>   Hereafter, none of the funds
    made available by this Act or any other Act, may be used to pay the
    salaries or expenses of personnel to implement any activities related to
    the permitting of non-recording of observed violations of the Animal
    Welfare Act or its regulations on official inspection reports.

        Sec. 757.  For necessary expenses associated with cotton classing
    activities pursuant to 7 U.S.C. 55, to include equipment and facility
    upgrades, and in addition to any other funds made available for this
    purpose, there is appropriated $4,000,000, to remain available until
    September 30, 2024:  Provided, That amounts made available in this
    section shall be treated as funds collected by fees authorized under
    Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
        Sec. 758.  Notwithstanding any other provision of law, no funds
    available to the Department of Agriculture may be used to move any staff
    office or any agency from the mission area in which it was located on
    August 1, 2018, to any other mission area or office within the
    Department in the absence of the enactment of specific legislation
    affirming such move.
        Sec. 759.  The Secretary, acting through the Chief of the Natural
    Resources Conservation Service, may use funds appropriated under this
    Act or any other Act for the Watershed and Flood Prevention Operations
    Program and the Watershed Rehabilitation Program carried out pursuant to
    the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et
    seq.), and for the Emergency Watershed Protection Program carried out
    pursuant to section 403 of the Agricultural Credit Act of 1978 (16
    U.S.C. 2203) to provide technical services for such programs pursuant to
    section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C.
    3851(a)(1)), notwithstanding subsection (c) of such section.
        Sec. 760. <<NOTE: Determination.>>  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);

    [[Page 136 STAT. 4507]]

                (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. <<NOTE: Deadline. Fish and fishing.>>   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, <<NOTE: Wetlands. Conservation.>>  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. <<NOTE: Genetic engineering.>>  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, <<NOTE: Reports.>>  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

    [[Page 136 STAT. 4508]]

    livestock and PFAS mitigation and remediation methods and disseminate
    such knowledge to agricultural producers.

        Sec. 767. <<NOTE: Termination date.>>  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, <<NOTE: Continuation. Urban and rural areas.>>
    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, <<NOTE: Coordination. Publication. Reports.>> 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

    [[Page 136 STAT. 4509]]

    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, <<NOTE: Reports.>>  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, <<NOTE: Recommenda- tions. Alcohol
    and alcoholic beverages.>>  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. <<NOTE: Reports. Foreign investments. Disclosures. 7 USC
    3501 note.>>  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, <<NOTE: Deadline. Records. Data.>>
    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 <<NOTE: Publication.>> , That all prior year disclosures of
    foreign investments in agricultural land in the United States are
    published in the database:  Provided further, <<NOTE: Plan. Privacy.>>
    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. <<NOTE: Kanpachi.>>   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. <<NOTE: Kansas. 6 USC 190 note.>>   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, <<NOTE: Deadline. Determinations.>>  such transfer of function
    shall include the transfer of up to 40 full time equivalent positions,
    to be completed within 120 days of the effective date of the transfer of
    function, as jointly determined by the Secretaries.

        Sec. 776. (a) Section 260 of the Agricultural Marketing Act of 1946
    (7 U.S.C. 1636i) is amended by striking ``2022'' and inserting ``2023''.

    [[Page 136 STAT. 4510]]

        (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. <<NOTE: Deadline.>>   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-- <<NOTE: Commerce, Justice, Science, and Related Agencies
      Appropriations Act, 2023.>> COMMERCE, JUSTICE, SCIENCE, AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2023

    TITLE I <<NOTE: Department of Commerce Appropriations Act, 2023.>>

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          operations and administration

         <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 4511]]

    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, <<NOTE: Applicability. Assessments.>>  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, <<NOTE: Grants. Regulations. Requirement.>>  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

    [[Page 136 STAT. 4512]]

    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, <<NOTE: Applicability.>>  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, <<NOTE: Public information.>>  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.

    [[Page 136 STAT. 4513]]

                        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, <<NOTE: Fees.>>  That, notwithstanding 31 U.S.C. 1535(d), the
    Secretary of Commerce shall charge Federal agencies for costs incurred
    in spectrum management, analysis, operations, and related services, and
    such fees shall be retained and used as offsetting collections for costs
    of such spectrum services, to remain available until expended:  Provided
    further, That the Secretary of Commerce is authorized to retain and use
    as offsetting collections all funds transferred, or previously
    transferred, from other Government agencies for all costs incurred in
    telecommunications research, engineering, and related activities by the
    Institute for Telecommunication Sciences of NTIA, in furtherance of its
    assigned functions under this paragraph, and such funds received from
    other Government agencies shall remain available until expended.

         public telecommunications facilities, planning and construction

        For the administration of prior-year grants, recoveries and
    unobligated balances of funds previously appropriated are available for
    the administration of all open grants until their expiration.

    [[Page 136 STAT. 4514]]

                    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, <<NOTE: Reduction.>> 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, <<NOTE: Reduction.>> 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, <<NOTE: Spending plan.>>  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

    [[Page 136 STAT. 4515]]

    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):

    [[Page 136 STAT. 4516]]

     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, <<NOTE: Spending plan.>>  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, <<NOTE: Budget estimates. Time periods. 15 USC 1513b note.>>
    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

    [[Page 136 STAT. 4517]]

    4 (in the matter preceding division A of this consolidated Act):
    Provided further, That the amounts made available for the projects
    referenced in the preceding proviso may not be transferred for any other
    purpose:  Provided further, That any deviation from the amounts
    designated for specific activities in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act), or any use of deobligated balances of funds provided
    under this heading in previous years, shall be subject to the procedures
    set forth in section 505 of this Act:  Provided further, That in
    addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for the medical care of retired personnel and their dependents
    under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as
    may be necessary.

                    procurement, acquisition and construction

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic and
    Atmospheric Administration, $1,653,630,000, to remain available until
    September 30, 2025, except that funds provided for acquisition and
    construction of vessels and aircraft, and construction of facilities
    shall remain available until expended:  Provided, That of the
    $1,666,630,000 provided for in direct obligations under this heading,
    $1,653,630,000 is appropriated from the general fund and $13,000,000 is
    provided from recoveries of prior year obligations:  Provided further,
    That any deviation from the amounts designated for specific activities
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), or any use of
    deobligated balances of funds provided under this heading in previous
    years, shall be subject to the procedures set forth in section 505 of
    this Act:  Provided further, <<NOTE: Budget estimates. Time periods. 15
    USC 1513a note.>>  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, <<NOTE: Grants. State listing. Native
    Americans. Guidelines.>>  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,

    [[Page 136 STAT. 4518]]

    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 <<NOTE: Time period. Reimbursement.>> 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

    [[Page 136 STAT. 4519]]

    addition to such other funds as may be available for such purposes:
    Provided further, <<NOTE: Notification. Time period.>>  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. <<NOTE: Certification.>>   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, <<NOTE: Notification. Time period.>>  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. <<NOTE: Incorporation by reference. Applicability. 33 USC
    878a note.>>  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.

    [[Page 136 STAT. 4520]]

        Sec. 105. <<NOTE: Reimbursement.>>   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. <<NOTE: Child pornography.>>   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. <<NOTE: Reimbursement.>>  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. <<NOTE: Records.>>  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 <<NOTE: Fee.>>  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. <<NOTE: Grants. Contracts.>>   To carry out the
    responsibilities of the National Oceanic and Atmospheric Administration
    (NOAA), the Administrator of NOAA is authorized to: (1) enter into
    grants and cooperative agreements with; (2) use on a non-reimbursable
    basis land, services, equipment, personnel, and facilities provided by;
    and (3) receive and expend funds made available on a consensual basis
    from: a Federal agency, State or subdivision thereof, local government,
    Tribal government, Territory, or possession or any subdivisions thereof:
     Provided, That funds received for permitting and related regulatory
    activities pursuant to this section shall be deposited under the heading
    ``National Oceanic and Atmospheric Administration--Operations, Research,
    and Facilities'' and shall remain available until September 30, 2024,
    for such purposes:  Provided further, That all funds within this section
    and their corresponding uses are subject to section 505 of this Act.

        Sec. 110.  Amounts provided by this Act or by any prior
    appropriations Act that remain available for obligation, for necessary
    expenses of the programs of the Economics and Statistics Administration
    of the Department of Commerce, including amounts provided

    [[Page 136 STAT. 4521]]

    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. <<NOTE: Waiver authority.>>  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 <<NOTE: Department of Justice Appropriations Act, 2023.>>

                              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

    [[Page 136 STAT. 4522]]

    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, <<NOTE: Term extension.>> 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

    [[Page 136 STAT. 4523]]

    $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, <<NOTE: Determination.>>  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, <<NOTE: Reimbursement.>>  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, <<NOTE: Fees.>>  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, <<NOTE: Reduction.>> That
    the sum herein appropriated from the general fund shall be reduced as
    such offsetting collections are received during fiscal year 2023,

    [[Page 136 STAT. 4524]]

    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 <<NOTE: Human trafficking.>>  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, <<NOTE: Reduction.>> That the
    sum herein appropriated from the general fund shall be reduced (1) as
    such fees are received during fiscal year 2023, net of amounts necessary
    to pay refunds due depositors, (estimated at $269,000,000) and (2) to
    the extent that any remaining general fund appropriations can be derived
    from amounts deposited in the Fund as discretionary offsetting
    collections in previous fiscal years that are not otherwise
    appropriated, so as to result in a final fiscal year 2023 appropriation
    from the general fund estimated at $0.

           salaries and expenses, foreign claims settlement commission

        For expenses necessary to carry out the activities of the Foreign
    Claims Settlement Commission, including services as authorized by
    section 3109 of title 5, United States Code, $2,504,000.

                         fees and expenses of witnesses

        For fees and expenses of witnesses, for expenses of contracts for
    the procurement and supervision of expert witnesses, for private counsel
    expenses, including advances, and for expenses of foreign counsel,
    $270,000,000, to remain available until expended, of which not to exceed
    $16,000,000 is for construction of buildings for protected witness
    safesites; not to exceed $3,000,000 is for the purchase and maintenance
    of armored and other vehicles for witness security caravans; and not to
    exceed $35,000,000 is for the purchase,

    [[Page 136 STAT. 4525]]

    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, <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 4526]]

                           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, <<NOTE: Determination.>>  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, <<NOTE: Reimbursement.>>  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.

    [[Page 136 STAT. 4527]]

                         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

    [[Page 136 STAT. 4528]]

    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, <<NOTE: 42 USC
    250a.>>  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, <<NOTE: Contracts. Determination.>>  That the Director of the
    Federal Prison System, where necessary, may enter into contracts with a
    fiscal agent or fiscal intermediary claims processor to determine the
    amounts payable to persons who, on behalf of the Federal Prison System,
    furnish health services to individuals committed to the custody of the
    Federal Prison System:  Provided further, That not to exceed $5,400
    shall be available for official reception and representation expenses:
    Provided further, That not to exceed $50,000,000 shall remain available
    until expended for necessary operations:  Provided further, That, of the
    amounts provided for contract confinement, not to exceed $20,000,000
    shall remain available until expended to make payments in advance for
    grants, contracts and reimbursable agreements, and other expenses:
    Provided further, <<NOTE: Donations.>>  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.

    [[Page 136 STAT. 4529]]

                     federal prison industries, incorporated

         <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 4530]]

    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, <<NOTE: Grants.>>  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, <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 4531]]

            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, <<NOTE: Applicability.>>  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, <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>> ,
            That the definitions and grant conditions in section 40002 of
            the 1994 Act shall apply to this initiative;

    [[Page 136 STAT. 4532]]

                (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, <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>> , That the definitions and
            grant conditions in section 40002 of the 1994 Act shall apply to
            this service line;
                (23) $5,000,000 is for grants for outreach and services to
            underserved populations, as authorized by section 120 of the
            2005 Act;
                (24) $4,000,000 is for an initiative to provide financial
            assistance to victims, including evaluation of the effectiveness
            of funded projects:  Provided <<NOTE: Applicability.>> , 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--

    [[Page 136 STAT. 4533]]

                (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

    [[Page 136 STAT. 4534]]

    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;

    [[Page 136 STAT. 4535]]

                        (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

    [[Page 136 STAT. 4536]]

            Improvement Amendments Act of 2007 (Public Law 110-180) and Fix
            NICS Act of 2018;
                (9) $35,000,000 for Paul Coverdell Forensic Sciences
            Improvement Grants under part BB of title I of the 1968 Act;
                (10) $170,000,000 for DNA-related and forensic programs and
            activities, of which--
                        (A) $130,000,000 is for the purposes authorized
                    under section 2 of the DNA Analysis Backlog Elimination
                    Act of 2000 (Public Law 106-546) (the Debbie Smith DNA
                    Backlog Grant Program):  Provided, That up to 4 percent
                    of funds made available under this paragraph may be used
                    for the purposes described in the DNA Training and
                    Education for Law Enforcement, Correctional Personnel,
                    and Court Officers program (Public Law 108-405, section
                    303);
                        (B) $20,000,000 for other local, State, and Federal
                    forensic activities;
                        (C) $15,000,000 is for the purposes described in the
                    Kirk Bloodsworth Post-Conviction DNA Testing Grant
                    Program (Public Law 108-405, section 412); and
                        (D) $5,000,000 is for Sexual Assault Forensic Exam
                    Program grants, including as authorized by section 304
                    of Public Law 108-405;
                (11) $55,000,000 for community-based grant programs to
            improve the response to sexual assault, including assistance for
            investigation and prosecution of related cold cases;
                (12) $15,000,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (13) $60,000,000 for assistance to Indian Tribes;
                (14) $125,000,000 for offender reentry programs and
            research, as authorized by the Second Chance Act of 2007 (Public
            Law 110-199) and by the Second Chance Reauthorization Act of
            2018 (Public Law 115-391), without regard to the time
            limitations specified at section 6(1) of such Act, of which not
            to exceed--
                        (A) $8,000,000 is for a program to improve State,
                    local, and Tribal probation or parole supervision
                    efforts and strategies;
                        (B) $5,000,000 is for children of incarcerated
                    parents demonstration programs to enhance and maintain
                    parental and family relationships for incarcerated
                    parents as a reentry or recidivism reduction strategy;
                        (C) $5,000,000 is for additional replication sites
                    employing the Project HOPE Opportunity Probation with
                    Enforcement model implementing swift and certain
                    sanctions in probation, of which no less than $500,000
                    shall be used for a project that provides training,
                    technical assistance, and best practices; and
                        (D) $10,000,000 is for a grant program for crisis
                    stabilization and community reentry, as authorized by
                    the Crisis Stabilization and Community Reentry Act of
                    2020 (Public Law 116-281):
              Provided, That up to $7,500,000 of funds made available in
            this paragraph may be used for performance-based awards for Pay
            for Success projects, of which up to $5,000,000 shall

    [[Page 136 STAT. 4537]]

            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

    [[Page 136 STAT. 4538]]

    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;

    [[Page 136 STAT. 4539]]

                (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, <<NOTE: Determination.>>  That notwithstanding section 205 of
    this Act, upon a determination by the Attorney General that emergent
    circumstances require additional funding for such disability and
    education payments, the Attorney General may transfer such amounts to
    ``Public Safety Officer Benefits'' from available appropriations for the
    Department of Justice as may be necessary to respond to such
    circumstances:  Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                      Community Oriented Policing Services

                  community oriented policing services programs

                          (including transfer of funds)

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
    and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
    2017 (Public Law 115-37); the Law Enforcement Mental Health and Wellness
    Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for Patients

    [[Page 136 STAT. 4540]]

    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 <<NOTE: Drugs and drug
            abuse.>> , 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 <<NOTE: Drugs and drug abuse.>> 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);

    [[Page 136 STAT. 4541]]

                (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. <<NOTE: Abortion.>>  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. <<NOTE: Abortion.>>  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. <<NOTE: Prisons and prisoners. Abortion.>>  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. <<NOTE: Prisons and prisoners.>>   None of the funds made
    available under this title may be used by the Federal Bureau of Prisons
    or the United

    [[Page 136 STAT. 4542]]

    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. <<NOTE: Prisons and prisoners.>>  (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. <<NOTE: Certification.>>  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. <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 4543]]

            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. <<NOTE: Determination. Time period. Waiver authority.>>
    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. <<NOTE: Firearms.>>   None of the funds made available
    under this Act, other than for the national instant criminal background
    check system established under section 103 of the Brady Handgun Violence
    Prevention Act (34 U.S.C. 40901), may be used by a Federal law
    enforcement officer to facilitate the transfer of an operable firearm to
    an individual if the Federal law enforcement officer knows or suspects
    that the individual is an agent of a drug cartel, unless law enforcement
    personnel of the United States continuously monitor or control the
    firearm at all times.

        Sec. 216. (a) None of the income retained in the Department of
    Justice Working Capital Fund pursuant to title I of Public Law 102-140
    (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
    during fiscal year 2023, except up to $12,000,000 may be obligated for
    implementation of a unified Department of Justice financial management
    system.
        (b) Not to exceed $30,000,000 of the unobligated balances
    transferred to the capital account of the Department of Justice Working
    Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
    28 U.S.C. 527 note) shall be available for obligation in fiscal year
    2023, and any use, obligation, transfer, or allocation of such funds
    shall be treated as a reprogramming of funds under section 505 of this
    Act.
        (c) Not to exceed $10,000,000 of the excess unobligated balances
    available under section 524(c)(8)(E) of title 28, United States Code,
    shall be available for obligation during fiscal year 2023, and any use,
    obligation, transfer or allocation of such funds shall be treated as a
    reprogramming of funds under section 505 of this Act.
        Sec. 217.  Discretionary funds that are made available in this Act
    for the Office of Justice Programs may be used to participate in
    Performance Partnership Pilots authorized under such authorities as have
    been enacted for Performance Partnership Pilots in appropriations acts
    in prior fiscal years and the current fiscal year.

    [[Page 136 STAT. 4544]]

        Sec. 218. <<NOTE: Time period. Reports.>>   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. <<NOTE: Live tissue. Determination.>>   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. <<NOTE: Alabama.>> (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 <<NOTE: Science Appropriations Act, 2023.>>

                                     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

    [[Page 136 STAT. 4545]]

    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, <<NOTE: Deadline. Plan.>>  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.

    [[Page 136 STAT. 4546]]

                                   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, <<NOTE: Time period. Budget profile.>>  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.

    [[Page 136 STAT. 4547]]

          science, technology, engineering, and mathematics engagement

        For necessary expenses, not otherwise provided for, in the conduct
    and support of aerospace and aeronautical education research and
    development activities, including research, development, operations,
    support, and services; program management; personnel and related costs,
    including uniforms or allowances therefor, as authorized by sections
    5901 and 5902 of title 5, United States Code; travel expenses; purchase
    and hire of passenger motor vehicles; and purchase, lease, charter,
    maintenance, and operation of mission and administrative aircraft,
    $143,500,000, to remain available until September 30, 2024, of which
    $26,000,000 shall be for the Established Program to Stimulate
    Competitive Research and $58,000,000 shall be for the National Space
    Grant College and Fellowship Program.

                      safety, security and mission services

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics, space technology, exploration,
    space operations and education research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; not to
    exceed $63,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $3,129,451,000, to remain available until
    September 30, 2024:  Provided, That if available balances in the
    ``Science, Space, and Technology Education Trust Fund'' are not
    sufficient to provide for the grant disbursements required under the
    third and fourth provisos under such heading in the Department of
    Housing and Urban Development-Independent Agencies Appropriations Act,
    1989 (Public Law 100-404) as amended by the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 1995 (Public Law 103-327) up to $1,000,000 shall be
    available from amounts made available under this heading to make such
    grant disbursements:  Provided further, That of the amounts appropriated
    under this heading, $30,701,000 shall be used for the projects, and in
    the amounts, specified in the table under the heading ``NASA Community
    Projects/NASA Special Projects'' in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act):  Provided further, That the amounts made available for the
    projects referenced in the preceding proviso may not be transferred for
    any other purpose.

            construction and environmental compliance and restoration

        For necessary expenses for construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or

    [[Page 136 STAT. 4548]]

    condemnation of real property, as authorized by law, and environmental
    compliance and restoration, $47,300,000, to remain available until
    September 30, 2028:  Provided, <<NOTE: Contracts. Time period. 51 USC
    20145 note.>>  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 <<NOTE: Budget request. Estimate. 51 USC 30103
    note.>>  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)

         <<NOTE: 51 USC 20144 note.>> 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.
         <<NOTE: Spending plan.>> 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

    [[Page 136 STAT. 4549]]

    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

    [[Page 136 STAT. 4550]]

    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, <<NOTE: Contracts.>>  That contracts may be entered into under
    this heading in fiscal year 2023 for maintenance and operation of
    facilities and for other services to be provided during the next fiscal
    year.

                      office of the national science board

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference rooms
    in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of 1950
    (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
    $5,090,000:  Provided, That not to exceed $2,500 shall be available for
    official reception and representation expenses.

                           office of inspector general

        For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, $23,393,000, of which
    $400,000 shall remain available until September 30, 2024.

    [[Page 136 STAT. 4551]]

                            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.
         <<NOTE: Notification. Time period.>> 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.

         <<NOTE: 42 USC 1875a.>> 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. <<NOTE: Notification. Time period.>>
    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

    [[Page 136 STAT. 4552]]

    days:  Provided further, <<NOTE: Donations.>>  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, <<NOTE: Workforce proposals. Notification.>> 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, <<NOTE: Donations.>> 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

    [[Page 136 STAT. 4553]]

    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 <<NOTE: Applicability.>> , 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.

    [[Page 136 STAT. 4554]]

                             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. <<NOTE: Propaganda.>>   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. <<NOTE: Contracts.>>   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. <<NOTE: Contracts. Notification. Time period.>>  None of
    the funds provided under this Act, or provided under previous
    appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in fiscal year 2023, or provided
    from any accounts in the Treasury of the United States derived by the
    collection of fees available to the agencies funded by this Act, shall
    be available for obligation or expenditure through a reprogramming of
    funds that: (1) creates or initiates a new program, project, or
    activity; (2) eliminates a program, project, or activity; (3) increases
    funds or personnel by any means for any project or activity for which
    funds have been denied or restricted; (4) relocates an office or
    employees; (5) reorganizes or renames offices, programs, or activities;
    (6) contracts out or privatizes any functions or activities presently
    performed by Federal employees; (7) augments existing programs,
    projects, or activities in excess of $500,000 or 10 percent, whichever
    is less, or reduces by 10 percent funding for any program, project, or
    activity, or numbers of personnel by 10 percent; or (8) results from any
    general savings, including savings from a reduction in personnel, which
    would result in a change in existing programs,

    [[Page 136 STAT. 4555]]

    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. <<NOTE: Determination.>>  (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) <<NOTE: Definition.>>  The term ``promotional items'' has the
    meaning given the term in OMB Circular A-87, Attachment B, Item
    (1)(f)(3).

        Sec. 507. <<NOTE: Time period. Reports.>>  (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, <<NOTE: Applicability.>>  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. <<NOTE: Tobacco and tobacco products.>>   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.

    [[Page 136 STAT. 4556]]

        Sec. 510. <<NOTE: 34 USC 20101 note.>>  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. <<NOTE: Discrimination.>>   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. <<NOTE: Audits. Reports.>> (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) <<NOTE: Deadline. Public information. Web posting.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Effective date. Determination. Applicability.>> 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

    [[Page 136 STAT. 4557]]

    the requirements in such subsections, consistently apply under the
    executive branch ethics program to all Federal departments, agencies,
    and entities.

        Sec. 514. <<NOTE: Reviews.>>  (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) <<NOTE: Assessment. Cyber threats. Country listing.>> 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) <<NOTE: Mitigation strategy.>>  developed, in
            consultation with NIST, the FBI, and supply chain risk
            management experts, a mitigation strategy for any identified
            risks;
                (2) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> reported that determination to the
            Committees on Appropriations of the House of Representatives and
            the Senate and the agency Inspector General.

        Sec. 515. <<NOTE: Torture.>>   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.

    [[Page 136 STAT. 4558]]

        Sec. 517. <<NOTE: National security letter.>>   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. <<NOTE: Notifications.>>  If at any time during any
    quarter, the program manager of a project within the jurisdiction of the
    Departments of Commerce or Justice, the National Aeronautics and Space
    Administration, or the National Science Foundation totaling more than
    $75,000,000 has reasonable cause to believe that the total program cost
    has increased by 10 percent or more, the program manager shall
    immediately inform the respective Secretary, Administrator, or Director.
    The Secretary, <<NOTE: Deadline. Determination. Statement. Cost
    estimates.>> 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. <<NOTE: Contracts. Grants. Certification. Taxes. Time
    periods.>>   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. <<NOTE: Deadlines.>> (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.

    [[Page 136 STAT. 4559]]

        (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) <<NOTE: Reports.>>  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. <<NOTE: Airline travel.>>   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. <<NOTE: Conference attendees.>>   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

    [[Page 136 STAT. 4560]]

                (2) <<NOTE: Determinations. Notifications. Deadline.>>  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. <<NOTE: Performance plan. Reports.>>   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) <<NOTE: Time period.>>  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. <<NOTE: Light bulbs.>>   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. <<NOTE: China.>>  (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) <<NOTE: Certification.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 4561]]

    shall include a description of the purpose of the activity, its agenda,
    its major participants, and its location and timing.

        Sec. 527. (a) <<NOTE: Pornography.>>  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. <<NOTE: Spending plans. Deadline.>>   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. <<NOTE: Contracts.>>   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. <<NOTE: State listing. District of
    Columbia. Territories. Medical marijuana.>>   None of the funds made
    available under this Act to the Department of Justice may be used, with
    respect to any of the States of Alabama, Alaska, Arizona, Arkansas,
    California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii,
    Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland,
    Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
    Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina,
    North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South
    Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia,
    Washington, West Virginia, Wisconsin, and Wyoming, or with respect to
    the District of Columbia, the Commonwealth of the Northern Mariana
    Islands, the United States Virgin Islands, Guam, or Puerto Rico, to
    prevent any of them from implementing their own laws that authorize the
    use, distribution, possession, or cultivation of medical marijuana.

        Sec. 532. <<NOTE: Reports. China.>>   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,

    [[Page 136 STAT. 4562]]

    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, <<NOTE: Definition.>>  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. <<NOTE: Exports and imports. Canada. Firearms.>>  (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) <<NOTE: President. Determination. Federal Register,
    publication.>>  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. <<NOTE: Termination.>>  The President shall terminate the
    requirements of a license when reasons for the temporary requirements
    have ceased.

    [[Page 136 STAT. 4563]]

        Sec. 535. <<NOTE: Firearms. Ammunition.>>   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. <<NOTE: Exports and imports. Firearms.>>   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. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>   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) <<NOTE: Cuba.>>  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. <<NOTE: Detainees. Cuba.>>  (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,

    [[Page 136 STAT. 4564]]

    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) <<NOTE: Time period. Plan. Costs. Schedule.>>  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

    [[Page 136 STAT. 4565]]

    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. <<NOTE: Estimate.>>  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) <<NOTE: Reports.>>  Not later than 90 days after the submission
    of the plan described in subsection (a), and every 90 days thereafter,
    the Administrator shall report to the Committees, the Government
    Accountability Office, and the Office of Inspector General of the
    National Aeronautics and Space Administration on steps taken to
    implement such plan.

        Sec. 543. <<NOTE: Deadlines. Allocations.>>  (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

    [[Page 136 STAT. 4566]]

    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) <<NOTE: Notifications. Reallocations.>>  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) <<NOTE: Allocations.>>  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) <<NOTE: Reports.>>  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-- <<NOTE: Department of Defense Appropriations Act,
    2023.>> 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.

    [[Page 136 STAT. 4567]]

                            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,

    [[Page 136 STAT. 4568]]

    or while undergoing reserve training, or while performing drills or
    equivalent duty or other duty, and expenses authorized by section 16131
    of title 10, United States Code; and for payments to the Department of
    Defense Military Retirement Fund, $5,212,834,000.

                             Reserve Personnel, Navy

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Navy Reserve on active duty under
    section 10211 of title 10, United States Code, or while serving on
    active duty under section 12301(d) of title 10, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing reserve training, or while
    performing drills or equivalent duty, and expenses authorized by section
    16131 of title 10, United States Code; and for payments to the
    Department of Defense Military Retirement Fund, $2,400,831,000.

                         Reserve Personnel, Marine Corps

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Marine Corps Reserve on active
    duty under section 10211 of title 10, United States Code, or while
    serving on active duty under section 12301(d) of title 10, United States
    Code, in connection with performing duty specified in section 12310(a)
    of title 10, United States Code, or while undergoing reserve training,
    or while performing drills or equivalent duty, and for members of the
    Marine Corps platoon leaders class, and expenses authorized by section
    16131 of title 10, United States Code; and for payments to the
    Department of Defense Military Retirement Fund, $826,712,000.

                          Reserve Personnel, Air Force

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air Force Reserve on active duty
    under sections 10211, 10305, and 8038 of title 10, United States Code,
    or while serving on active duty under section 12301(d) of title 10,
    United States Code, in connection with performing duty specified in
    section 12310(a) of title 10, United States Code, or while undergoing
    reserve training, or while performing drills or equivalent duty or other
    duty, and expenses authorized by section 16131 of title 10, United
    States Code; and for payments to the Department of Defense Military
    Retirement Fund, $2,457,519,000.

                         National Guard Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army National Guard while on duty
    under sections 10211, 10302, or 12402 of title 10 or section 708 of
    title 32, United States Code, or while serving on duty under section
    12301(d) of title 10 or section 502(f) of title 32, United States Code,
    in connection with performing duty specified in section 12310(a) of
    title 10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of

    [[Page 136 STAT. 4569]]

    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.

    [[Page 136 STAT. 4570]]

                     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, <<NOTE: Reports.>>  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

    [[Page 136 STAT. 4571]]

    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, <<NOTE: Security
    mission. Notifications.>>  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, <<NOTE: Assessment. Iran.>>  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, <<NOTE: Time
    period. Notifications.>>  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, <<NOTE: Iraq.>>  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, <<NOTE: Waiver authority. Determination. Notice.>>  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, <<NOTE: Notifications.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4572]]

    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, <<NOTE: Reports.>>  That the Secretary of Defense shall provide
    quarterly reports to the congressional defense committees on the use of
    funds provided under this heading, including, but not limited to, the
    number of individuals trained, the nature and scope of support and
    sustainment provided to each group or individual, the area of operations
    for each group, and the contributions of other countries, groups, or
    individuals.

                     Operation and Maintenance, Army Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Army Reserve; repair of facilities and equipment;
    hire of passenger motor vehicles; travel and transportation; care of the
    dead; recruiting; procurement of services, supplies, and equipment; and
    communications, $3,206,434,000.

                     Operation and Maintenance, Navy Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Navy Reserve; repair of facilities and equipment;
    hire of passenger motor vehicles; travel and transportation; care of the
    dead; recruiting; procurement of services, supplies, and equipment; and
    communications, $1,278,050,000.

                 Operation and Maintenance, Marine Corps Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Marine Corps Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $347,633,000.

                  Operation and Maintenance, Air Force Reserve

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance, including training, organization, and
    administration, of the Air Force Reserve; repair of facilities and
    equipment; hire of passenger motor vehicles; travel and transportation;
    care of the dead; recruiting; procurement of services, supplies, and
    equipment; and communications, $3,700,800,000.

                 Operation and Maintenance, Army National Guard

        For expenses of training, organizing, and administering the Army
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; hire of passenger motor vehicles;
    personnel services in the National Guard Bureau; travel expenses (other
    than mileage), as authorized by law for Army personnel on active duty,
    for Army National Guard division, regimental, and battalion commanders
    while inspecting units in

    [[Page 136 STAT. 4573]]

    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)

         <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>>  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,

    [[Page 136 STAT. 4574]]

    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)

         <<NOTE: Determinations.>> 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)

         <<NOTE: Determinations.>> 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.

    [[Page 136 STAT. 4575]]

             Environmental Restoration, Formerly Used Defense Sites

                          (including transfer of funds)

         <<NOTE: Determinations.>> 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

    [[Page 136 STAT. 4576]]

    plants, including the land necessary therefor, for the foregoing
    purposes, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine tools
    in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway; and other expenses necessary for the
    foregoing purposes, $3,847,834,000, to remain available for obligation
    until September 30, 2025.

                            Missile Procurement, Army

        For construction, procurement, production, modification, and
    modernization of missiles, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $3,848,853,000, to remain available for obligation until
    September 30, 2025.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For construction, procurement, production, and modification of
    weapons and tracked combat vehicles, equipment, including ordnance,
    spare parts, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including the
    land necessary therefor, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway; and
    other expenses necessary for the foregoing purposes, $4,505,157,000, to
    remain available for obligation until September 30, 2025.

                         Procurement of Ammunition, Army

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities, authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $2,770,120,000, to remain available for obligation until
    September 30, 2025.

    [[Page 136 STAT. 4577]]

                             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

    [[Page 136 STAT. 4578]]

    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.

    [[Page 136 STAT. 4579]]

                             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

    [[Page 136 STAT. 4580]]

    and contractor-owned equipment layaway; and other expenses necessary for
    the foregoing purposes including rents and transportation of things,
    $2,999,346,000, to remain available for obligation until September 30,
    2025.

                      Procurement of Ammunition, Air Force

        For construction, procurement, production, and modification of
    ammunition, and accessories therefor; specialized equipment and training
    devices; expansion of public and private plants, including ammunition
    facilities, authorized by section 2854 of title 10, United States Code,
    and the land necessary therefor, for the foregoing purposes, and such
    lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $857,722,000, to remain available for obligation until
    September 30, 2025.

                          Other Procurement, Air Force

        For procurement and modification of equipment (including ground
    guidance and electronic control equipment, and ground electronic and
    communication equipment), and supplies, materials, and spare parts
    therefor, not otherwise provided for; the purchase of passenger motor
    vehicles for replacement only; lease of passenger motor vehicles; and
    expansion of public and private plants, Government-owned equipment and
    installation thereof in such plants, erection of structures, and
    acquisition of land, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon,
    prior to approval of title; reserve plant and Government and contractor-
    owned equipment layaway, $28,034,122,000, to remain available for
    obligation until September 30, 2025.

                            Procurement, Space Force

        For construction, procurement, and modification of spacecraft,
    rockets, and related equipment, including spare parts and accessories
    therefor; ground handling equipment, and training devices; expansion of
    public and private plants, Government-owned equipment and installation
    thereof in such plants, erection of structures, and acquisition of land,
    for the foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title; reserve plant and Government and contractor-owned equipment
    layaway; and other expenses necessary for the foregoing purposes
    including rents and transportation of things, $4,462,188,000, to remain
    available for obligation until September 30, 2025.

                            Procurement, Defense-Wide

        For expenses of activities and agencies of the Department of Defense
    (other than the military departments) necessary for procurement,
    production, and modification of equipment, supplies, materials, and
    spare parts therefor, not otherwise provided for; the purchase of
    passenger motor vehicles for replacement only;

    [[Page 136 STAT. 4581]]

    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,

    [[Page 136 STAT. 4582]]

    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

    [[Page 136 STAT. 4583]]

    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, <<NOTE: Reports.>>  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, <<NOTE: Notice. Deadline. Time period.>>  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, <<NOTE: Reviews.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4584]]

    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 <<NOTE: Notifications.>>  funds appropriated under this heading may
    be used to support a new start program or project only after written
    prior notification to the Committees on Appropriations of the House of
    Representatives and the Senate.

                         Office of the Inspector General

        For expenses and activities of the Office of the Inspector General
    in carrying out the provisions of the Inspector General Act of 1978, as
    amended, $485,359,000, of which $481,971,000 shall be for operation and
    maintenance, of which not to exceed $700,000 is available for
    emergencies and extraordinary expenses to be expended upon the approval
    or authority of the Inspector General, and payments may be made upon the
    Inspector General's certificate of necessity for confidential military
    purposes; of which $1,524,000, to remain available for obligation until
    September 30, 2025, shall be for procurement; and of which $1,864,000,
    to remain available until September 30, 2024, shall be for research,
    development, test and evaluation.

                 Support for International Sporting Competitions

        For logistical and security support for international sporting
    competitions (including pay and non-travel related allowances only for
    members of the Reserve Components of the Armed Forces of the United
    States called or ordered to active duty in connection with providing
    such support), $10,377,000, to remain available until expended.

                                    TITLE VII

                                RELATED AGENCIES

        Central Intelligence Agency Retirement and Disability System Fund

        For payment to the Central Intelligence Agency Retirement and
    Disability System Fund, to maintain the proper funding level for
    continuing the operation of the Central Intelligence Agency Retirement
    and Disability System, $514,000,000.

                    Intelligence Community Management Account

        For necessary expenses of the Intelligence Community Management
    Account, $562,265,000.

                                   TITLE VIII

                               GENERAL PROVISIONS

        Sec. 8001. <<NOTE: Propaganda.>>   No part of any appropriation
    contained in this Act shall be used for publicity or propaganda purposes
    not authorized by the Congress.

        Sec. 8002. <<NOTE: 10 USC 1584 note.>>   During the current fiscal
    year, provisions of law prohibiting the payment of compensation to, or
    employment of,

    [[Page 136 STAT. 4585]]

    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, <<NOTE: Turkey.>>  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. <<NOTE: Time period.>>   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. <<NOTE: Determination.>>   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, <<NOTE: Notification.>>  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, <<NOTE: Reprogramming requests.>>  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, <<NOTE: Reprogramming requests. Deadline.>>  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.

    [[Page 136 STAT. 4586]]

        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, <<NOTE: Applicability.>>  That section 8005 shall apply when
    transfers of the amounts described in subsection (a) occur between
    appropriation accounts.

        Sec. 8007. (a) <<NOTE: Reports.>>  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) <<NOTE: Certification.>>  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. <<NOTE: Notifications.>>   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 <<NOTE: Determination. Approval.>>  transfers may be made between
    working capital funds and

    [[Page 136 STAT. 4587]]

    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. <<NOTE: Notification. Time period.>>   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. <<NOTE: Contracts. Notifications. Time periods. 10 USC
    3501 note.>>  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, <<NOTE: Requirement. Analysis. Determination.>>  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) <<NOTE: Budget request.>>  the Secretary of Defense has
            submitted to Congress a budget request for full funding of units
            to be procured through the contract and, in the case of a
            contract for procurement of aircraft, that includes, for any
            aircraft unit to be procured through the contract for which
            procurement funds are requested in that budget request for
            production beyond advance procurement activities in the fiscal
            year covered by the budget, full funding of procurement of such
            unit in that fiscal year;
                (2) cancellation provisions in the contract do not include
            consideration of recurring manufacturing costs of the contractor
            associated with the production of unfunded units to be delivered
            under the contract;
                (3) the contract provides that payments to the contractor
            under the contract shall not be made in advance of incurred
            costs on funded units; and
                (4) the contract does not provide for a price adjustment
            based on a failure to award a follow-on contract.

    [[Page 136 STAT. 4588]]

    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. <<NOTE: Humanitarian assistance. Territories.>>   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, <<NOTE: Reports.>>  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, <<NOTE: Determination. Hawaii.>>  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) <<NOTE: Workforce reduction. Analysis.>>  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) <<NOTE: Budget request.>>  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.

    [[Page 136 STAT. 4589]]

        Sec. 8013. <<NOTE: Lobbying.>>   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. <<NOTE: Anchor and mooring chain.>>   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, <<NOTE: Definition.>>
    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, <<NOTE: Waiver
    authority. Certification.>>  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. <<NOTE: Alcohol and alcoholic beverages.>>   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

    [[Page 136 STAT. 4590]]

    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, <<NOTE: Applicability.>>
    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. <<NOTE: Arms and munitions. Certification.>>   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, <<NOTE: Waiver authority. Certification.>>  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, <<NOTE: Contracts.>>  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, <<NOTE: Applicability.>>  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. <<NOTE: Native Americans. State listing.>>  (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,

    [[Page 136 STAT. 4591]]

    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) <<NOTE: Determination.>>  The Secretary of the Air Force shall
    convey, at no cost to the Air Force, military housing units under
    subsection (a) in accordance with the request for such units that are
    submitted to the Secretary by the Operation Walking Shield Program on
    behalf of Indian tribes located in the States of Nevada, Idaho, North
    Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any
    such conveyance shall be subject to the condition that the housing units
    shall be removed within a reasonable period of time, as determined by
    the Secretary.

        (c) The Operation Walking Shield Program shall resolve any conflicts
    among requests of Indian tribes for housing units under subsection (a)
    before submitting requests to the Secretary of the Air Force under
    subsection (b).
        (d) <<NOTE: Definition.>>  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

    [[Page 136 STAT. 4592]]

    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, <<NOTE: Reports. Budget estimates.>>  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. <<NOTE: Definition.>>   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. <<NOTE: Definition.>>   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

    [[Page 136 STAT. 4593]]

    of components and other Defense-related articles, through competition
    between Department of Defense depot maintenance activities and private
    firms:  Provided, <<NOTE: Certification. Cost estimates.>>  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) <<NOTE: Compliance.>>  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. <<NOTE: Definition.>>  For purposes of this subsection,
    the term ``Buy American Act'' means chapter 83 of title 41, United
    States Code.

        (b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>>  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. <<NOTE: Contracts.>>   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, <<NOTE: Applicability.>>  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, <<NOTE: Waiver authority. Certification.>>  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) <<NOTE: Determination. Contracts. Rescission. 41
    USC 8304 note.>>  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) <<NOTE: Memorandum.>>  An agreement referred to in paragraph (1)
    is any reciprocal defense procurement memorandum of understanding,
    between the

    [[Page 136 STAT. 4594]]

    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) <<NOTE: Reports.>>  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) <<NOTE: Definition.>>  For purposes of this section, the term
    ``Buy American Act'' means chapter 83 of title 41, United States Code.

        Sec. 8033. <<NOTE: Contracts. Ball and roller bearings.>>   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, <<NOTE: Waiver
    authority. Certification.>>  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, <<NOTE: Applicability.>>  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, <<NOTE: Time period. Execution plan.>>  That none of
    the funds provided under this section may be obligated or expended until
    90 days after the Secretary of Defense provides the Committees on
    Appropriations of the House of Representatives and the Senate a detailed
    execution plan for such funds.

        Sec. 8035. <<NOTE: Supercomputers. Certification.>>   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. <<NOTE: Waiver authority. Determination.>>  (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) <<NOTE: Applicability. Contracts. Effective date.>> Subsection
    (a) applies with respect to--
                (1) contracts and subcontracts entered into on or after the
            date of the enactment of this Act; and

    [[Page 136 STAT. 4595]]

                (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. <<NOTE: Flags. 10 USC 4862 note.>>   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, <<NOTE: Determination.>>  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 <<NOTE: Humanitarian assistance.>>
    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. <<NOTE: Regulations. Tobacco and tobacco products. 10 USC
    2484 note.>>   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

    [[Page 136 STAT. 4596]]

    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) <<NOTE: Budget request. Contracts.>>  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. <<NOTE: 50 USC 3521 note.>>   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.

    [[Page 136 STAT. 4597]]

        (b) <<NOTE: Waiver authority. Determination. Certification.>>  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) <<NOTE: Determination.>>  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. <<NOTE: Contracts. Effective date.>>  (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) <<NOTE: Plan.>>  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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4598]]

    commercial or industrial type function of the Department of Defense
    that--
                (A) is included on the procurement list established pursuant
            to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
            title 41, United States Code);
                (B) is planned to be converted to performance by a qualified
            nonprofit agency for the blind or by a qualified nonprofit
            agency for other severely handicapped individuals in accordance
            with that Act; or
                (C) is planned to be converted to performance by a qualified
            firm under at least 51 percent ownership by an Indian tribe, as
            defined in section 4(e) of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 450b(e)), or a Native
            Hawaiian Organization, as defined in section 8(a)(15) of the
            Small Business Act (15 U.S.C. 637(a)(15)).

        (2) This section shall not apply to depot contracts or contracts for
    depot maintenance as provided in sections 2469 and 2474 of title 10,
    United States Code.
        (c) The conversion of any activity or function of the Department of
    Defense under the authority provided by this section shall be credited
    toward any competitive or outsourcing goal, target, or measurement that
    may be established by statute, regulation, or policy and is deemed to be
    awarded under the authority of, and in compliance with, subsection (h)
    of section 2304 of title 10, United States Code, for the competition or
    outsourcing of commercial activities.

                                  (rescissions)

        Sec. 8047.  Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:  Provided,
    That no amounts may be rescinded from amounts that were designated by
    the Congress as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985:
                ``Aircraft Procurement, Army'', 2021/2023, $7,300,000;
                ``Other Procurement, Army'', 2021/2023, $3,177,000;
                ``Aircraft Procurement, Air Force'', 2021/2023,
            $115,804,000;
                ``Operation and Maintenance, Defense-Wide'', 2022/2023,
            $105,000,000;
                ``Counter-ISIS Train and Equip Fund'', 2022/2023,
            $65,000,000;
                ``Aircraft Procurement, Army'', 2022/2024, $9,437,000;
                ``Other Procurement, Army'', 2022/2024, $71,544,000;
                ``Shipbuilding and Conversion, Navy: CVN Refueling
            Overhauls'', 2022/2026, $191,000,000;
                ``Shipbuilding and Conversion, Navy: Service Craft'', 2022/
            2026, $6,092,000;
                ``Aircraft Procurement, Air Force'', 2022/2024,
            $205,568,000;
                ``Other Procurement, Air Force'', 2022/2024, $9,100,000;
                ``Procurement, Space Force'', 2022/2024, $7,000,000;
                ``Research, Development, Test and Evaluation, Army'', 2022/
            2023, $26,700,000;

    [[Page 136 STAT. 4599]]

                ``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. <<NOTE: North Korea.>>   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, <<NOTE: Armed
    Forces remains.>>  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. <<NOTE: Reimbursement.>>   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. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>>  (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) <<NOTE: 50 USC 3506 note.>>  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, <<NOTE: Determination.>>  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. <<NOTE: Reports.>>  The Secretary of each
    military department, the Director of each Defense Agency, and the head
    of each other relevant component of the Department

    [[Page 136 STAT. 4600]]

    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. <<NOTE: Contracts.>>   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:

    [[Page 136 STAT. 4601]]

      Provided, <<NOTE: Budget statement. Time period.>>  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. <<NOTE: Reimbursement.>>  (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) <<NOTE: Determination.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Reports.>>  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. <<NOTE: Certifications.>>  (a) None of the funds
    appropriated in title IV of this Act may be used to procure end-items
    for delivery to military forces for operational training, operational
    use, or inventory requirements:  Provided, That this restriction does
    not apply to end-items used in development, prototyping in accordance
    with an approved test strategy, and test activities preceding and
    leading to acceptance for operational use.

        (b) If the number of end-items budgeted with funds appropriated in
    title IV of this Act exceeds the number required in an approved test
    strategy, the Under Secretary of Defense (Research and Engineering) and
    the Under Secretary of Defense (Acquisition and Sustainment), in
    coordination with the responsible Service Acquisition Executive, shall
    certify in writing to the congressional defense committees that there is
    a bonafide need for the additional end-items at the time of submittal to
    Congress of the budget of the President for fiscal year 2024 pursuant to
    section 1105 of title 31, United States Code:  Provided, That this
    restriction does not apply to programs funded within the National
    Intelligence Program.
        (c) <<NOTE: Reports.>>  The Secretary of Defense shall, at the time
    of the submittal to Congress of the budget of the President for fiscal
    year 2024

    [[Page 136 STAT. 4602]]

    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, <<NOTE: List.>>  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, <<NOTE: Compliance.>>  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, <<NOTE: Waiver authority.>>  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. <<NOTE: Time period. Reports. Strategies. Cost
    estimates.>>   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, <<NOTE: Waiver authority. Certification.>>  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. <<NOTE: Classified information. Reports.>>   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. <<NOTE: Arms and munitions. Contracts.>>   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

    [[Page 136 STAT. 4603]]

    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. <<NOTE: Waiver authority. Time period.>>
    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, <<NOTE: Contracts. Real property.>>  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, <<NOTE: Determination.>>  That contracts
    entered into under the authority of this section may provide for such
    indemnification as the Secretary determines to be necessary:  Provided
    further, <<NOTE: Compliance. Determination.>>  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) <<NOTE: Study. Proposals.>>  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

    [[Page 136 STAT. 4604]]

    processes. <<NOTE: Risk assessment.>>  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) <<NOTE: Certifications.>>  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) <<NOTE: Deadline.>>  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, <<NOTE: Time period. Execution plan.>>  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, <<NOTE: Time
    period. Notifications.>>  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).

    [[Page 136 STAT. 4605]]

        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, <<NOTE: Proposal.>>  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, <<NOTE: Time period. Notification.>>  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. <<NOTE: Notice. Effective date. 10 USC 3601 note.>>   Any
    notice that is required to be submitted to the Committees on
    Appropriations of the House of Representatives and the Senate under
    section 3601 of title 10, United States Code, as added by section 804(a)
    of the James M. Inhofe National Defense Authorization Act for Fiscal
    Year 2023, after the date of the enactment of this Act shall be
    submitted pursuant to that requirement concurrently to the Subcommittees
    on Defense of the Committees on Appropriations of the House of
    Representatives and the Senate.

                          (including transfer of funds)

        Sec. 8073.  Of the amounts appropriated in this Act under the
    headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
    and Evaluation, Defense-Wide'', $500,000,000 shall be for the Israeli
    Cooperative Programs:  Provided, That of this amount, $80,000,000 shall
    be for the Secretary of Defense to provide to the Government of Israel
    for the procurement of the Iron Dome defense system to counter short-
    range rocket threats, subject to the U.S.-Israel Iron Dome Procurement
    Agreement, as amended; $127,000,000 shall be for the Short Range
    Ballistic Missile Defense (SRBMD) program, including cruise missile
    defense research and development under the SRBMD program; $40,000,000
    shall be for co-production activities of SRBMD systems in the United
    States and in Israel to meet Israel's defense requirements consistent
    with each nation's laws, regulations, and procedures, subject to the
    U.S.-Israeli co-production agreement for SRBMD, as amended; $80,000,000
    shall be for an upper-tier component to the Israeli Missile Defense
    Architecture, of which $80,000,000 shall be for co-production activities
    of Arrow 3 Upper Tier systems in the United States and in Israel to meet
    Israel's defense requirements consistent with each nation's laws,
    regulations, and procedures, subject to the U.S.-Israeli co-production
    agreement for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be
    for the Arrow System Improvement Program including development of a long
    range, ground and airborne, detection suite:  Provided further, That the
    transfer authority provided under this provision is in addition to any
    other transfer authority contained in this Act.
        Sec. 8074.  Of the amounts appropriated in this Act under the
    heading ``Shipbuilding and Conversion, Navy'', $1,312,646,000 shall be
    available until September 30, 2023, to fund prior year shipbuilding cost
    increases for the following programs:
                (1) Under the heading ``Shipbuilding and Conversion, Navy'',
            2013/2023: Carrier Replacement Program, $461,700,000;

    [[Page 136 STAT. 4606]]

                (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).

    [[Page 136 STAT. 4607]]

        Sec. 8076. <<NOTE: Notifications.>>   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 <<NOTE: Determination. Grants. Fisher House Foundation, Inc.>>
    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. <<NOTE: Nuclear armed interceptors.>>   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. <<NOTE: 53rd Weather Reconnaissance Squadron.>>   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. <<NOTE: Foreign intelligence.>>   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. <<NOTE: Tactical unmanned aerial vehicles.>>  (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. <<NOTE: Research and development. Science and
    technology. Real property.>>   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. <<NOTE: Applicability.>>   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

    [[Page 136 STAT. 4608]]

    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) <<NOTE: Reports.>>  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) <<NOTE: Certification.>>  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. <<NOTE: Notifications. Time periods.>>  (a) None of the
    funds provided for the National Intelligence Program in this or any
    prior appropriations Act shall be available for obligation or
    expenditure through a reprogramming or transfer of funds in accordance
    with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
    3024(d)) that--
                (1) creates a new start effort;
                (2) terminates a program with appropriated funding of
            $10,000,000 or more;
                (3) transfers funding into or out of the National
            Intelligence Program; or
                (4) transfers funding between appropriations, unless the
            congressional intelligence committees are notified 30 days in
            advance of such reprogramming of funds; this notification period
            may be reduced for urgent national security requirements.

        (b) None of the funds provided for the National Intelligence Program
    in this or any prior appropriations Act shall be available for
    obligation or expenditure through a reprogramming or transfer of funds
    in accordance with section 102A(d) of the National Security Act of 1947
    (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
    the levels specified in the classified annex accompanying the Act unless
    the congressional intelligence committees are notified 30 days in
    advance of such reprogramming of funds; this notification period may be
    reduced for urgent national security requirements.
        Sec. 8088. <<NOTE: Public information. Web
    posting. Reports. Determination.>>  (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

    [[Page 136 STAT. 4609]]

    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) <<NOTE: Time period.>>  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. <<NOTE: Contracts.>>  (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) <<NOTE: Certification.>>  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) <<NOTE: Waiver authority. Determination.>>  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. <<NOTE: Public information. Time
    period.>>  The Secretary of Defense shall transmit to Congress, and
    simultaneously make public, any determination under this subsection not
    less than 15 business days

    [[Page 136 STAT. 4610]]

    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, <<NOTE: Notifications.>>  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. <<NOTE: Determination.>>   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, <<NOTE: Reprogramming requests. Deadline.>>  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, <<NOTE: Reimbursement.>>  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

    [[Page 136 STAT. 4611]]

    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. <<NOTE: Grants. Public information. Web posting.>>   The
    Secretary of Defense shall post grant awards on a public website in a
    searchable format.

        Sec. 8096. <<NOTE: Surveillance.>>   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. <<NOTE: Salaries.>>   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 <<NOTE: Reimbursements.>>  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. <<NOTE: Gaming. Adult entertainment.>>   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. <<NOTE: Contracts.>>  (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;

    [[Page 136 STAT. 4612]]

    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 <<NOTE: Deadline.>>  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. <<NOTE: Contracts.>>   None of the funds provided in this
    Act for requirements development, performance specification development,
    concept design and development, ship configuration development, systems
    engineering, naval architecture, marine engineering, operations research
    analysis, industry studies, preliminary design, development of the
    Detailed Design and Construction Request for Proposals solicitation
    package, or related activities for the T-ARC(X) Cable Laying and Repair
    Ship or the T-AGOS(X) Oceanographic Surveillance Ship may be used to
    award a new contract for such activities unless these contracts include
    specifications that all auxiliary equipment, including pumps and
    propulsion shafts, are manufactured in the United States.

        Sec. 8102.  No amounts credited or otherwise made available in this
    or any other Act to the Department of Defense Acquisition Workforce
    Development Account may be transferred to:
                (1) the Rapid Prototyping Fund established under section
            804(d) of the National Defense Authorization Act for Fiscal Year
            2016 (10 U.S.C. 2302 note); or
                (2) credited to a military-department specific fund
            established under section 804(d)(2) of the National Defense
            Authorization Act for Fiscal Year 2016 (as amended by section
            897 of the National Defense Authorization Act for Fiscal Year
            2017).

        Sec. 8103.  From funds made available in title II of this Act, the
    Secretary of Defense may purchase for use by military and civilian
    employees of the Department of Defense in the United States Central
    Command area of responsibility: (1) passenger motor vehicles up to a
    limit of $75,000 per vehicle; and (2) heavy and light armored vehicles
    for the physical security of personnel or for force protection purposes
    up to a limit of $450,000 per vehicle, notwithstanding price or other
    limitations applicable to the purchase of passenger carrying vehicles.
        Sec. 8104. (a) <<NOTE: Pornography.>>  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. <<NOTE: Determination.>>   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.

    [[Page 136 STAT. 4613]]

        Sec. 8106.
    (a) <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Taxes.>>
     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) <<NOTE: Determination.>>  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, <<NOTE: Grants. Contracts.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4614]]

    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 <<NOTE: Applicability.>>  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, <<NOTE: Time period. Notifications.>>  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, <<NOTE: Deadline.>>  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, <<NOTE: Consultation.>>  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, <<NOTE: Notifications.>>  That equipment
    procured using funds made available in this section in this or prior
    Acts, and not yet transferred

    [[Page 136 STAT. 4615]]

    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, <<NOTE: Reports.>>  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, <<NOTE: Time
    period. Notifications.>>  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 <<NOTE: Reports.>>  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, <<NOTE: Time period. Notifications.>>  That the
    Secretary of Defense shall, not less than 15 days prior to obligating
    funds made available in this section, notify the congressional defense
    committees in writing of the details of any planned obligation and the
    nature of the expenses incurred:  Provided further,
    That <<NOTE: Reports.>>  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. <<NOTE: Child soldiers.>>   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

    [[Page 136 STAT. 4616]]

    permitted under section 404 of the Child Soldiers Prevention Act of
    2008.

        Sec. 8116. <<NOTE: Taliban.>>   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. <<NOTE: Contracts. Memorandums. Grants. Loans. Rosoboronexport.>>
    (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) <<NOTE: Waiver
    authority. Determination. Certification. Russia.>>  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) <<NOTE: Syria.>>  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) <<NOTE: Review. Reports.>>  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, <<NOTE: Determination.>>  That
    upon a determination that all or part of the funds transferred from this
    appropriation are not necessary for

    [[Page 136 STAT. 4617]]

    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, <<NOTE: Time
    period. Notifications.>>  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, <<NOTE: Time period. Reports.>>  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. <<NOTE: Vietnam.>>  (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) <<NOTE: Determination. Notifications. Deadline.>>  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, <<NOTE: Time period. Execution plan.>>  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, <<NOTE: Time
    period. Notifications.>>  That such equipment may

    [[Page 136 STAT. 4618]]

    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 <<NOTE: Determination. Time period. Notifications.>>  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, <<NOTE: Contracts. Time period. Notifications.>>  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, <<NOTE: Reports.>>  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. <<NOTE: Applicability.>>   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) <<NOTE: Embryos.>>  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) <<NOTE: Definition.>>  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. <<NOTE: Notifications. Deadline.>>   The Secretary of
    Defense shall notify the congressional defense committees in writing not
    more than 30 days after

    [[Page 136 STAT. 4619]]

    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, <<NOTE: Time period.>>  That not fewer than 15 days prior to
    obligating such funds, the Secretary of Defense shall submit to the
    congressional defense committees in writing a notification of the
    planned use of such contributions, including whether such contributions
    would support existing or new stationing or operations of the United
    States Armed Forces.

        Sec. 8129. <<NOTE: Reports.>>  (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) <<NOTE: Costs.>>  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. <<NOTE: Deadline. Notifications.>>   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. <<NOTE: Iraq.>>   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. <<NOTE: Syria.>>   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,

    [[Page 136 STAT. 4620]]

    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. <<NOTE: Iran. North Korea.>>   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. <<NOTE: Iraq.>>   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) <<NOTE: Syria.>>  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. <<NOTE: Wuhan Institute of Virology.>>   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. <<NOTE: Azov Battalion.>>   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. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>   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) <<NOTE: Cuba.>>  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. <<NOTE: Detainees. Cuba.>>   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. <<NOTE: Detainees. Cuba.>>  (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.

    [[Page 136 STAT. 4621]]

        (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. <<NOTE: Cuba.>>   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. <<NOTE: EcoHealth Alliance,
    Inc. China. Determination. Waiver authority. Deadline.>>   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. <<NOTE: Deadline. Allocation.>>  (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

    [[Page 136 STAT. 4622]]

    2022 only in amounts that are no more than the allocation for such
    purposes in subsection (a) of this section.
        (c) <<NOTE: Reallocation.>>  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) <<NOTE: Allocations.>>  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) <<NOTE: Reports.>>  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. <<NOTE: Ridge Alkonis. Determination.>>   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 <<NOTE: Energy and Water Development and Related Agencies
     Appropriations Act, 2023.>> --ENERGY AND WATER DEVELOPMENT AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2023

                                     TITLE I

                            CORPS OF ENGINEERS--CIVIL

                             DEPARTMENT OF THE ARMY

                            Corps of Engineers--Civil

        The following appropriations shall be expended under the direction
    of the Secretary of the Army and the supervision of the Chief of
    Engineers for authorized civil functions of the Department of the Army
    pertaining to river and harbor, flood and storm damage reduction, shore
    protection, aquatic ecosystem restoration, and related efforts.

                                 investigations

        For expenses necessary where authorized by law for the collection
    and study of basic information pertaining to river and harbor, flood and
    storm damage reduction, shore protection, aquatic ecosystem restoration,
    and related needs; for surveys and detailed studies, and plans and
    specifications of proposed river and harbor, flood and storm damage
    reduction, shore protection, and aquatic

    [[Page 136 STAT. 4623]]

    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 <<NOTE: Work plan.>>  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, <<NOTE: Work
    plan.>>  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, <<NOTE: Work plan.>>  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

    [[Page 136 STAT. 4624]]

    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, <<NOTE: Time
    period. Determination. Allocation.>>  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, <<NOTE: Work plan.>>  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

    [[Page 136 STAT. 4625]]

    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, <<NOTE: Reports. Work
    plan.>>  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) <<NOTE: Advance approvals.>>  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) <<NOTE: Advance approvals.>>  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) <<NOTE: Advance approvals.>>  augments or reduces
            existing programs, projects, or activities in excess of the
            amounts contained in paragraphs

    [[Page 136 STAT. 4626]]

            (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, <<NOTE: Notifications.>>  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) <<NOTE: Guidelines. Applicability.>>  Mississippi river
            and tributaries.--The reprogramming guidelines in paragraphs
            (6), (7), and (8) shall apply to the Investigations,
            Construction, and Operation and Maintenance portions of the
            Mississippi River and Tributaries Account, respectively; and
                (10) Formerly utilized sites remedial action program.--
            Reprogramming of up to 15 percent of the base of the receiving
            project is permitted.

        (b) De Minimus Reprogrammings.--In no case should a reprogramming
    for less than $50,000 be submitted to the Committees on Appropriations
    of both Houses of Congress.
        (c) Continuing Authorities Program.--Subsection (a)(1) shall not
    apply to any project or activity funded under the continuing authorities
    program.
        (d) <<NOTE: Reports.>>  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;

    [[Page 136 STAT. 4627]]

                (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. <<NOTE: Allocation.>>   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. <<NOTE: Contracts.>>   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. <<NOTE: Kentucky.>>   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. <<NOTE: Allocations. Determinations.>>   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

    [[Page 136 STAT. 4628]]

    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-

    [[Page 136 STAT. 4629]]

    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, <<NOTE: Assessments.>>  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, <<NOTE: Contracts.>>  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.

    [[Page 136 STAT. 4630]]

                            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) <<NOTE: Advance approvals.>>  None of the funds
    provided in title II of this Act for Water and Related Resources, or
    provided by previous or subsequent appropriations Acts to the agencies
    or entities funded in title II of this Act for Water and Related
    Resources that remain available for obligation or expenditure in fiscal
    year 2023, shall be available for obligation or expenditure through a
    reprogramming of funds that--
                (1) initiates or creates a new program, project, or
            activity;
                (2) eliminates a program, project, or activity;
                (3) increases funds for any program, project, or activity
            for which funds have been denied or restricted by this Act,
            unless prior approval is received from the Committees on
            Appropriations of both Houses of Congress;
                (4) restarts or resumes any program, project or activity for
            which funds are not provided in this Act, unless prior approval
            is received from the Committees on Appropriations of both Houses
            of Congress;
                (5) transfers funds in excess of the following limits,
            unless prior approval is received from the Committees on
            Appropriations of both Houses of Congress:
                        (A) 15 percent for any program, project or activity
                    for which $2,000,000 or more is available at the
                    beginning of the fiscal year; or
                        (B) $400,000 for any program, project or activity
                    for which less than $2,000,000 is available at the
                    beginning of the fiscal year;
                (6) transfers more than $500,000 from either the Facilities
            Operation, Maintenance, and Rehabilitation category or the
            Resources Management and Development category to any program,
            project, or activity in the other category, unless prior
            approval is received from the Committees on Appropriations of
            both Houses of Congress; or
                (7) transfers, where necessary to discharge legal
            obligations of the Bureau of Reclamation, more than $5,000,000
            to provide adequate funds for settled contractor claims,
            increased contractor earnings due to accelerated rates of
            operations, and real estate deficiency judgments, unless prior
            approval is received from the Committees on Appropriations of
            both Houses of Congress.

        (b) Subsection (a)(5) shall not apply to any transfer of funds
    within the Facilities Operation, Maintenance, and Rehabilitation
    category.
        (c) <<NOTE: Definition.>>  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

    [[Page 136 STAT. 4631]]

    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).
        (e) <<NOTE: Reports.>>  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. <<NOTE: Determination. California. Plan.>>  (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) <<NOTE: Reimbursements.>>  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. <<NOTE: Applicability.>>  (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, <<NOTE: Ante, p. 221.>>  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) <<NOTE: 118 Stat. 1696.>>  is amended by striking
    ``$25,000,000'' and inserting ``$30,000,000''.

        Sec. 205. <<NOTE: Applicability.>>   Section 9106(g)(2) of Public
    Law 111-11 (Omnibus Public Land Management Act of 2009) <<NOTE: 123
    Stat. 1309.>>  shall be applied by substituting ``2023'' for ``2022''.

        Sec. 206. <<NOTE: Applicability. 43 USC 2214 note.>>  (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) <<NOTE: 43 USC 2241 note.>>  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, <<NOTE: 114 Stat. 2658.>>  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

    [[Page 136 STAT. 4632]]

    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

    [[Page 136 STAT. 4633]]

    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 136 STAT. 4634]]

                              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.

    [[Page 136 STAT. 4635]]

                                     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:

    [[Page 136 STAT. 4636]]

     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, <<NOTE: Reduction.>> 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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4637]]

    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, <<NOTE: Certification. Compliance.>>  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 <<NOTE: 25
    USC 3502 note.>>  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, <<NOTE: 25 USC 3502 note.>>  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, <<NOTE: 25 USC 3502 note.>>  That any funds
    previously appropriated for the cost of loan guarantees under section
    2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be
    used, in this fiscal year and subsequent fiscal years, for the cost of
    direct loans provided under such section of such Act:  Provided further,
    That for the cost of direct loans for the Tribal Energy Loan Guarantee
    Program as provided for in the preceding three provisos and for the cost
    of guaranteed loans for such program under section 2602(c) of the Energy
    Policy Act of 1992 (25 U.S.C. 3502(c)), $2,000,000, to remain available
    until expended:  Provided further, That such costs, including the cost
    of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974 (2 U.S.C. 661a).

                        Indian Energy Policy and Programs

        For necessary expenses for Indian Energy activities in carrying out
    the purposes of the Department of Energy Organization Act (42 U.S.C.
    7101 et seq.), $75,000,000, to remain available until expended:
    Provided, That of the amount appropriated under this heading,
    $14,000,000 shall be available until September 30, 2024, for program
    direction.

    [[Page 136 STAT. 4638]]

                           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, <<NOTE: Reduction.>> 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.

    [[Page 136 STAT. 4639]]

                                 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

    [[Page 136 STAT. 4640]]

    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, <<NOTE: Reduction.>> 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

    [[Page 136 STAT. 4641]]

    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 <<NOTE: Reduction.>>  the sum herein appropriated for annual
    expenses shall be reduced as collections are received during the fiscal
    year so as to result in a final fiscal year 2023 appropriation estimated
    at not more than $10,608,000:  Provided further, That notwithstanding 31
    U.S.C. 3302, up to $70,000,000 collected by the Southwestern Power
    Administration pursuant to the Flood Control Act of 1944 to recover
    purchase power and wheeling expenses shall be credited to this account
    as offsetting collections, to remain available until expended for the
    sole purpose of making purchase power and wheeling expenditures:
    Provided further, That for purposes of this appropriation, annual
    expenses means expenditures that are generally recovered in the same
    year that they are incurred (excluding purchase power and wheeling
    expenses).

     Construction, Rehabilitation, Operation and Maintenance, Western Area
                              Power Administration

        For carrying out the functions authorized by title III, section
    302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
    related activities including conservation and renewable resources
    programs as authorized, $299,573,000, including official reception and
    representation expenses in an amount not to exceed $1,500, to remain
    available until expended, of which $299,573,000 shall be derived from
    the Department of the Interior Reclamation Fund:  Provided, That
    notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
    1944 (16 U.S.C. 825s), and section 1 of the Interior Department
    Appropriation Act, 1939 (43 U.S.C. 392a), up to $200,841,000 collected
    by the Western Area Power Administration from the sale of power and
    related services shall be credited to this account as discretionary
    offsetting collections, to remain available until expended, for the sole
    purpose of funding the annual expenses of the Western Area Power
    Administration:  Provided further, <<NOTE: Reduction.>> 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).

    [[Page 136 STAT. 4642]]

                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, <<NOTE: Reduction.>> 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, <<NOTE: 42 USC 7171 note.>>
    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, <<NOTE: Reduction. 42 USC 7171
    note.>>  <<NOTE: Notifications. Time period.>> 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.

    [[Page 136 STAT. 4643]]

                    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) <<NOTE: Notifications. Time period.>>  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) <<NOTE: Grants.>>  make a grant allocation or
            discretionary grant award totaling $1,000,000 or more;
                (B) <<NOTE: Contracts.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Contracts. Grants.>>  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) <<NOTE: Notifications. Time period.>>  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).

    [[Page 136 STAT. 4644]]

        (e) <<NOTE: Notifications. Advance approvals. Time period.>>  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) <<NOTE: Waiver authority.>>  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) <<NOTE: Notifications. Deadline.>>  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. <<NOTE: Oversight. Compliance.>>   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. <<NOTE: Cost estimate.>>   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. <<NOTE: Determination. President.>>   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,

    [[Page 136 STAT. 4645]]

    that a severe increase in the price of refined petroleum product will
    likely result from such shortage, and that a draw down and sale of
    refined petroleum product would assist directly and significantly in
    reducing the adverse impact of such shortage, the Secretary of Energy
    may draw down and sell refined petroleum product from the Strategic
    Petroleum Reserve. Proceeds from a sale under this section shall be
    deposited into the SPR Petroleum Account established in section 167 of
    the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
    amounts shall be available for obligation, without fiscal year
    limitation, consistent with that section.

        Sec. 306.  No funds shall be transferred directly from ``Department
    of Energy--Power Marketing Administration--Colorado River Basins Power
    Marketing Fund, Western Area Power Administration'' to the general fund
    of the Treasury in the current fiscal year.
        Sec. 307.  All unavailable collections currently in the United
    States Enrichment Corporation Fund shall be transferred to and merged
    with the Uranium Enrichment Decontamination and Decommissioning Fund and
    shall be available only to the extent provided in advance in
    appropriations Acts.
        Sec. 308. <<NOTE: Repeals.>>   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. <<NOTE: Property interests. 42 USC 7274l-1.>>  (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) <<NOTE: Definition.>>  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.

    [[Page 136 STAT. 4646]]

                                    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.

    [[Page 136 STAT. 4647]]

                       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, <<NOTE: Reduction.>> 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, <<NOTE: Reduction.>> 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

    [[Page 136 STAT. 4648]]

    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. <<NOTE: Compliance.>>   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) <<NOTE: Notifications. Time period.>>  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) <<NOTE: Waiver authority.>>  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) <<NOTE: Notifications. Deadline.>>  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. <<NOTE: Reports.>>  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) <<NOTE: Reports.>>  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.

    [[Page 136 STAT. 4649]]

                                     TITLE V

                               GENERAL PROVISIONS

                          (including transfer of funds)

        Sec. 501. <<NOTE: Lobbying.>>   None of the funds appropriated by
    this Act may be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before Congress, other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

        Sec. 502. (a) None of the funds made available in title III of this
    Act may be transferred to any department, agency, or instrumentality of
    the United States Government, except pursuant to a transfer made by or
    transfer authority provided in this Act or any other appropriations Act
    for any fiscal year, transfer authority referenced in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), or any authority whereby a department, agency,
    or instrumentality of the United States Government may provide goods or
    services to another department, agency, or instrumentality.
        (b) None of the funds made available for any department, agency, or
    instrumentality of the United States Government may be transferred to
    accounts funded in title III of this Act, except pursuant to a transfer
    made by or transfer authority provided in this Act or any other
    appropriations Act for any fiscal year, transfer authority referenced in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), or any authority whereby
    a department, agency, or instrumentality of the United States Government
    may provide goods or services to another department, agency, or
    instrumentality.
        (c) <<NOTE: Reports. Time periods.>>  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) <<NOTE: Pornography.>>  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''.

    [[Page 136 STAT. 4650]]

         DIVISION E-- <<NOTE: Financial Services and General Government
     Appropriations Act, 2023.>> FINANCIAL SERVICES AND GENERAL GOVERNMENT
    APPROPRIATIONS ACT, 2023

    TITLE I <<NOTE: Department of the Treasury Appropriations Act, 2023.>>

                           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, <<NOTE: Notifications.>>  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

    [[Page 136 STAT. 4651]]

    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, <<NOTE: Reduction.>> 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''.

    [[Page 136 STAT. 4652]]

                           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.

    [[Page 136 STAT. 4653]]

                          Bureau of the Fiscal Service

                              salaries and expenses

        For necessary expenses of operations of the Bureau of the Fiscal
    Service, $372,485,000; of which not to exceed $8,000,000, to remain
    available until September 30, 2025, is for information systems
    modernization initiatives; and of which $5,000 shall be available for
    official reception and representation expenses.
        In addition, $165,000, to be derived from the Oil Spill Liability
    Trust Fund to reimburse administrative and personnel expenses for
    financial management of the Fund, as authorized by section 1012 of
    Public Law 101-380.

                    Alcohol and Tobacco Tax and Trade Bureau

                              salaries and expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $148,863,000; of which not to exceed $6,000 shall be available for
    official reception and representation expenses; and of which not to
    exceed $50,000 shall be available for cooperative research and
    development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement:  Provided, That of the amount appropriated under this
    heading, $5,000,000 shall be for the costs of accelerating the
    processing of formula and label applications:  Provided further, That of
    the amount appropriated under this heading, $5,000,000, to remain
    available until September 30, 2024, shall be for the costs associated
    with enforcement of and education regarding the trade practice
    provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
    seq.).

                               United States Mint

                    united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, the United
    States Mint is provided funding through the United States Mint Public
    Enterprise Fund for costs associated with the production of circulating
    coins, numismatic coins, and protective services, including both
    operating expenses and capital investments:  Provided, That the
    aggregate amount of new liabilities and obligations incurred during
    fiscal year 2023 under such section 5136 for circulating coinage and
    protective service capital investments of the United States Mint shall
    not exceed $50,000,000.

        Community Development Financial Institutions Fund Program Account

        To carry out the Riegle Community Development and Regulatory
    Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
    including services authorized by section 3109 of title 5, United States
    Code, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for EX-III, $324,000,000. Of the amount
    appropriated under this heading--

    [[Page 136 STAT. 4654]]

                (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 <<NOTE: Definition. Time period. State and local
            governments. Puerto Rico.>> , 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

    [[Page 136 STAT. 4655]]

            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 <<NOTE: Termination
            date. 12 USC 4713a note.>> , 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 <<NOTE: Definition. Puerto Rico. Time periods.>> , 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

    [[Page 136 STAT. 4656]]

    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, <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 note.>>
    That not later than 30 days after the end of each quarter, the Internal
    Revenue Service shall submit a report to the Committees on
    Appropriations of the House of Representatives and the Senate and the
    Comptroller General of the United States detailing major information
    technology investments in the Internal Revenue Service Integrated
    Modernization Business Plan portfolio, including detailed, plain
    language summaries on the status of plans, costs, and results; prior
    results and actual expenditures of the prior quarter; upcoming
    deliverables and costs for the fiscal year; risks and mitigation
    strategies associated with ongoing work; reasons for any cost or
    schedule variances; and total expenditures by fiscal year:  Provided
    further, <<NOTE: Summaries.>>  That the Internal Revenue Service shall
    include, in its budget justification

    [[Page 136 STAT. 4657]]

    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. <<NOTE: Advance approvals.>>   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. <<NOTE: Policies. Procedures. Confidentiality. Identify
    theft.>>   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. <<NOTE: Notice.>>   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--

    [[Page 136 STAT. 4658]]

                (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. <<NOTE: Contracts.>>   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. <<NOTE: Advance approvals.>>   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. <<NOTE: Advance approvals.>>   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.

    [[Page 136 STAT. 4659]]

        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, <<NOTE: Reimbursement.>> That such amounts shall be reimbursed
    to such salaries and expenses account from debt collections received in
    the Debt Collection Fund.

        Sec. 118. <<NOTE: Approval requirement.>> 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. <<NOTE: Approval requirement.>> 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. <<NOTE: Plan. Deadline.>> 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. <<NOTE: Nonprofit organizations.>> 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

    [[Page 136 STAT. 4660]]

            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) <<NOTE: Applicability. Determination.>>  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. <<NOTE: Reports.>> 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. <<NOTE: Reports.>>  (a) Not later than 60 days after the
    end of each quarter, the Office of Financial Stability and the Office of
    Financial Research shall submit reports on their activities to the
    Committees on Appropriations of the House of Representatives and the
    Senate, the Committee on Financial Services of the House of
    Representatives, and the Senate Committee on Banking, Housing, and Urban
    Affairs.

        (b) The reports required under subsection (a) shall include--
                (1) the obligations made during the previous quarter by
            object class, office, and activity;
                (2) <<NOTE: Estimate.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Testimony.>>  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 <<NOTE: 31 USC 5142 note.>>  (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''.

    [[Page 136 STAT. 4661]]

      TITLE <<NOTE: Executive Office of the President Appropriations Act,
    2023.>>  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 <<NOTE: Requirement. Advance payment.>>  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 <<NOTE: Requirement.>>  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 <<NOTE: Notice. Deadline.>>  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, <<NOTE: Penalties. Deadline.>> 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

    [[Page 136 STAT. 4662]]

    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, <<NOTE: Reports.>> 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, <<NOTE: Records.>> 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

    [[Page 136 STAT. 4663]]

    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 <<NOTE: Deadline. Policy reviews.>> 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, <<NOTE: Notifications.>> 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, <<NOTE: Reports.>> 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 <<NOTE: Deadline. Public
    information. Web posting. List.>> no later than 14 days after the
    submission of the budget of the United States Government for fiscal year
    2024, the

    [[Page 136 STAT. 4664]]

    Director of the Office of Management and Budget shall make publicly
    available on a website a tabular list for each agency that submits
    budget justification materials (as defined in section 3 of the Federal
    Funding Accountability and Transparency Act of 2006) that shall include,
    at minimum, the name of the agency, the date on which the budget
    justification materials of the agency were submitted to Congress, and a
    uniform resource locator where the budget justification materials are
    published on the website of the agency.

                  Intellectual Property Enforcement Coordinator

        For necessary expenses of the Office of the Intellectual Property
    Enforcement Coordinator, as authorized by title III of the Prioritizing
    Resources and Organization for Intellectual Property Act of 2008 (Public
    Law 110-403), including services authorized by 5 U.S.C. 3109,
    $1,902,000.

                      Office of the National Cyber Director

                              salaries and expenses

        For necessary expenses of the Office of the National Cyber Director,
    as authorized by section 1752 of the William M. (Mac) Thornberry
    National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
    283), $21,926,000, of which not to exceed $5,000 shall be available for
    official reception and representation expenses.

                     Office of National Drug Control Policy

                              salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998, as amended; not to exceed
    $10,000 for official reception and representation expenses; and for
    participation in joint projects or in the provision of services on
    matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $21,500,000:
    Provided, <<NOTE: 21 USC 1702 note.>> 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 <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 4665]]

    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, <<NOTE: Submissions.>> 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, <<NOTE: Notifications. Deadlines. Determination.>> 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, <<NOTE: Determination. Notifications.>> 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, <<NOTE: Time period. Spending
    plan.>> 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.

    [[Page 136 STAT. 4666]]

                               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. <<NOTE: Advance approvals.>> 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

    [[Page 136 STAT. 4667]]

    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, <<NOTE: Approval requirement.>> 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) <<NOTE: President. Budget statement. Cost
    estimates.>>  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) <<NOTE: Time period.>>  Any such statement shall include--
                (1) <<NOTE: Summary.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: Deadline. Memorandum. Compliance.>>   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. <<NOTE: Time periods. Apportionment. Applicability. 31 USC
    1513 note.>> 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

    [[Page 136 STAT. 4668]]

    to the President'' in the explanatory statement described in section 4
    (in the matter preceding division A of this consolidated Act):
    Provided, That none of the funds made available by this section may be
    transferred for any other purpose.
        This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2023''.

    TITLE <<NOTE: Judiciary Appropriations Act, 2023.>>  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.

    [[Page 136 STAT. 4669]]

         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.

    [[Page 136 STAT. 4670]]

                                 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.

    [[Page 136 STAT. 4671]]

                       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. <<NOTE: Applicability.>> 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). <<NOTE: Reimbursement.>> 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

    [[Page 136 STAT. 4672]]

                (2) in the sixth sentence (relating to the District of
            Hawaii), by striking ``28 years and 6 months'' and inserting
            ``29 years and 6 months''.

        (b) Section 406 of the Transportation, Treasury, Housing and Urban
    Development, the Judiciary, the District of Columbia, and Independent
    Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
    28 U.S.C. 133 note) is amended in the second sentence (relating to the
    eastern District of Missouri) by striking ``29 years and 6 months'' and
    inserting ``30 years and 6 months''.
        (c) Section 312(c)(2) of the 21st Century Department of Justice
    Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
    note), is amended--
                (1) in the first sentence by striking ``20 years'' and
            inserting ``21 years'';
                (2) in the second sentence (relating to the central District
            of California), by striking ``19 years and 6 months'' and
            inserting ``20 years and 6 months''; and
                (3) in the third sentence (relating to the western district
            of North Carolina), by striking ``18 years'' and inserting ``19
            years''.

        Sec. 307.  Section 677 of title 28, United States Code, is amended
    by adding at the end the following:
        ``(d) <<NOTE: Time period.>>  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 <<NOTE: District of Columbia Appropriations Act, 2023.>>  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 <<NOTE: Account.>>  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

    [[Page 136 STAT. 4673]]

    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, <<NOTE: Reports.>> 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, <<NOTE: Apportionment. Time period.>> 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, <<NOTE: Time period. Notice.>> 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

    [[Page 136 STAT. 4674]]

    items and entities funded under this heading:  Provided further,
    That <<NOTE: Regulations.>> 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, <<NOTE: Apportionment. Time
    period.>> 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

    [[Page 136 STAT. 4675]]

    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, <<NOTE: Apportionment. Time
    period.>> 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 <<NOTE: Apportionment. Time period.>>  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, <<NOTE: Contracts.>> 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.

    [[Page 136 STAT. 4676]]

                     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, <<NOTE: Scholarships.>>  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

    [[Page 136 STAT. 4677]]

    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, <<NOTE: Compliance.>> 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 <<NOTE: Contracts.>>  notwithstanding the limitations in
    31 U.S.C. 1553,

    [[Page 136 STAT. 4678]]

    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) <<NOTE: Study. Determination.>>  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

    [[Page 136 STAT. 4679]]

                (2) <<NOTE: Reports.>>  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 <<NOTE: State and local governments.>>  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, <<NOTE: Northern Mariana Islands.>> That for
    purposes of applying such sections, the Commonwealth of the Northern
    Mariana Islands shall be deemed to be a State and, for purposes of
    sections 101(d)(2) and 103(a) shall be treated in the same manner as the
    Commonwealth of Puerto Rico, Guam, American Samoa, and the United States
    Virgin Islands:  Provided further, That each reference to the
    ``Administrator of General Services'' or the ``Administrator'' in
    sections 101 and 103 shall be deemed to refer to the ``Election
    Assistance Commission'':  Provided further, That each reference to
    ``$5,000,000'' in section 103 shall be deemed to refer to ``$1,000,000''
    and each reference to ``$1,000,000'' in section 103 shall be deemed to
    refer to ``$200,000'':  Provided <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Payments.>>
    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, <<NOTE: Reports.>> That States shall submit
    quarterly financial reports and annual progress reports.

    [[Page 136 STAT. 4680]]

                        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, <<NOTE: Reduction.>> 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 <<NOTE: 118 Stat. 3998; 136 Stat. 269.>>  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.

    [[Page 136 STAT. 4681]]

                        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, <<NOTE: Reduction.>> 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

    [[Page 136 STAT. 4682]]

    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 <<NOTE: Advance approvals.>>  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:

    [[Page 136 STAT. 4683]]

              Provided, That each of the foregoing limits of costs on
            construction, acquisition, and remediation projects may be
            exceeded to the extent that savings are effected in other such
            projects, but not to exceed 20 percent of the amounts included
            in a transmitted prospectus, if required, unless advance
            approval is obtained from the Committees on Appropriations of
            the House of Representatives and the Senate of a greater amount;
                (2) $662,280,000 shall remain available until expended for
            repairs and alterations, including associated design and
            construction services, in addition to amounts otherwise provided
            for such purposes, of which--
                        (A) $244,783,000 is for Major Repairs and
                    Alterations as follows:
                Multiple Locations:
                National Conveying Systems, $30,000,000;
                National Capital Region:
                Fire Alarm Systems, $40,000,000;
                California:
                San Francisco, Federal Building, $15,687,000;
                Georgia:
                Atlanta, Sam Nunn Atlanta Federal Center, $10,229,000;
                Massachusetts:
                Boston, John J. Moakley U.S. Courthouse, $10,345,000;
                Montana:
                Butte, Mike Mansfield Federal Building and U.S. Courthouse,
            $25,792,000;
                New York:
                New York, Alexander Hamilton U.S. Custom House, $68,497,000;
                Ohio:
                Cleveland, Carl B. Stokes U.S. Courthouse, $10,235,000;
                Oklahoma:
                Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and
            Post Office, $3,093,000;
                Pennsylvania:
                Philadelphia, James A. Byrne U.S. Courthouse, $12,927,000;
                Vermont:
                St. Albans, Federal Building, U.S. Post Office and Custom
            House, $17,978,000;
                        (B) $398,797,000 is for Basic Repairs and
                    Alterations, of which $3,000,000 is for repairs to the
                    water feature at the Wilkie D. Ferguson Jr. U.S.
                    Courthouse in Miami, FL; and
                        (C) $18,700,000 is for Special Emphasis Programs as
                    follows:
                Judiciary Capital Security Program, $18,700,000;
              Provided, That funds made available in this or any previous
            Act in the Federal Buildings Fund for Repairs and Alterations
            shall, for prospectus projects, be limited to the amount
            identified for each project, except each project in this or any
            previous Act may be increased by an amount not to exceed 20
            percent unless advance approval is obtained from the Committees
            on Appropriations of the House of Representatives and the Senate
            of a greater amount:  Provided further,
            That <<NOTE: Compliance.>> additional projects for which
            prospectuses have been fully approved may be funded under this
            category only if advance approval is obtained from

    [[Page 136 STAT. 4684]]

            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, <<NOTE: Proposed
            prospectus.>> 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

    [[Page 136 STAT. 4685]]

    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

    [[Page 136 STAT. 4686]]

    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, <<NOTE: Advance approvals.>> That any
    proposed transfers shall be approved in advance by the Committees on
    Appropriations of the House of Representatives and the Senate.

        Sec. 522. <<NOTE: Courts. Study.>> 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. <<NOTE: Determination.>> 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

    [[Page 136 STAT. 4687]]

    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. <<NOTE: Notifications.>> 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. <<NOTE: Contracts. Determination. Statement.>> In any case
    in which the Committee on Transportation and Infrastructure of the House
    of Representatives and the Committee on Environment and Public Works of
    the Senate adopt a resolution granting lease authority pursuant to a
    prospectus transmitted to Congress by the Administrator of the General
    Services Administration under 40 U.S.C. 3307, the Administrator shall
    ensure that the delineated area of procurement is identical to the
    delineated area included in the prospectus for all lease agreements,
    except that, if the Administrator determines that the delineated area of
    the procurement should not be identical to the delineated area included
    in the prospectus, the Administrator shall provide an explanatory
    statement to each of such committees and the Committees on
    Appropriations of the House of Representatives and the Senate prior to
    exercising any lease authority provided in the resolution.

        Sec. 526. <<NOTE: Spending plan. Deadline.>>  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. <<NOTE: Site selection.>>  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 <<NOTE: Deadline. Consultations. Maryland. Virginia. Evaluation.>>
    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.

    [[Page 136 STAT. 4688]]

                      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).

    [[Page 136 STAT. 4689]]

                      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.

    [[Page 136 STAT. 4690]]

     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

    [[Page 136 STAT. 4691]]

    or modernization, and shall be in addition to funds otherwise made
    available for such purposes:  Provided further, That of the total amount
    made available under this heading, $1,381,748 may be made available for
    strengthening the capacity and capabilities of the acquisition workforce
    (as defined by the Office of Federal Procurement Policy Act, as amended
    (41 U.S.C. 4001 et seq.)), including the recruitment, hiring, training,
    and retention of such workforce and information technology in support of
    acquisition workforce effectiveness or for management solutions to
    improve acquisition management; and in addition $194,924,000 for
    administrative expenses, to be transferred from the appropriate trust
    funds of OPM without regard to other statutes, including direct
    procurement of printed materials, for the retirement and insurance
    programs:  Provided further, That the provisions of this appropriation
    shall not affect the authority to use applicable trust funds as provided
    by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
    9004(f)(2)(A) of title 5, United States Code:  Provided further, That no
    part of this appropriation shall be available for salaries and expenses
    of the Legal Examining Unit of OPM established pursuant to Executive
    Order No. 9358 of July 1, 1943, or any successor unit of like purpose:
    Provided further, <<NOTE: Donations.>> 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, <<NOTE: Notifications. Approvals. Time period.>> 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 <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4692]]

    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

    [[Page 136 STAT. 4693]]

    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 <<NOTE: Reduction.>>  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, <<NOTE: President. Exemption.>> 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

    [[Page 136 STAT. 4694]]

    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, <<NOTE: Fees.>> 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.

    [[Page 136 STAT. 4695]]

                               office of advocacy

        For necessary expenses of the Office of Advocacy in carrying out the
    provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
    the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
    $10,211,000, to remain available until expended.

                         business loans program account

                          (including transfer of funds)

        For the cost of direct loans, $6,000,000, to remain available until
    expended:  Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974:  Provided further, That subject to section 502 of
    the Congressional Budget Act of 1974, during fiscal year 2023
    commitments to guarantee loans under section 503 of the Small Business
    Investment Act of 1958 and commitments for loans authorized under
    subparagraph (C) of section 502(7) of the Small Business Investment Act
    of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate,
    $15,000,000,000:  Provided further, That during fiscal year 2023
    commitments for general business loans authorized under paragraphs (1)
    through (35) of section 7(a) of the Small Business Act shall not exceed
    $35,000,000,000 for a combination of amortizing term loans and the
    aggregated maximum line of credit provided by revolving loans:  Provided
    further, That during fiscal year 2023 commitments to guarantee loans for
    debentures under section 303(b) of the Small Business Investment Act of
    1958 shall not exceed $5,000,000,000:  Provided further, That during
    fiscal year 2023, guarantees of trust certificates authorized by section
    5(g) of the Small Business Act shall not exceed a principal amount of
    $15,000,000,000. In addition, for administrative expenses to carry out
    the direct and guaranteed loan programs, $165,300,000, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses.

                         disaster loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the direct loan program
    authorized by section 7(b) of the Small Business Act, $179,000,000, to
    be available until expended, of which $1,600,000 is for the Office of
    Inspector General of the Small Business Administration for audits and
    reviews of disaster loans and the disaster loan programs and shall be
    transferred to and merged with the appropriations for the Office of
    Inspector General; of which $169,000,000 is for direct administrative
    expenses of loan making and servicing to carry out the direct loan
    program, which may be transferred to and merged with the appropriations
    for Salaries and Expenses; and of which $8,400,000 is for indirect
    administrative expenses for the direct loan program, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses:  Provided, That, of the funds provided under this heading,
    $143,000,000 shall be for major disasters declared pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5122(2)):  Provided further, That the amount for major disasters
    under this heading is designated by the Congress

    [[Page 136 STAT. 4696]]

    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. <<NOTE: Advance approvals.>> 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, <<NOTE: Grants. Contracts.>> 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, <<NOTE: Mail.>> 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

    [[Page 136 STAT. 4697]]

    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 <<NOTE: Certificate.>>  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. <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 4698]]

    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. <<NOTE: Compliance.>>  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. <<NOTE: Advance approvals.>>  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, <<NOTE: Consultation.>> 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, <<NOTE: Reports.>> That not later than 60 days after the date
    of enactment of this Act, each agency funded by this Act shall submit a
    report to the Committees on Appropriations of the House of
    Representatives and the Senate to establish the baseline for application
    of reprogramming and transfer authorities for the current fiscal year:
    Provided further, <<NOTE: Applicability.>> 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,

    [[Page 136 STAT. 4699]]

    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, <<NOTE: Reduction.>>
    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, <<NOTE: Approval requests.>>  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, <<NOTE: Compliance.>> That these requests
    shall be made in compliance with reprogramming guidelines.

        Sec. 610. <<NOTE: Background investigations.>>  (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 <<NOTE: Determination. Tax exemption.>>  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) <<NOTE: Time period.>>  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. <<NOTE: Abortion.>> 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.

    [[Page 136 STAT. 4700]]

        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) <<NOTE: Contracts. Consultation.>> 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) <<NOTE: President.>>  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) <<NOTE: Definition.>>  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).

    [[Page 136 STAT. 4701]]

                (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. <<NOTE: Reports. Compliance.>> 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) <<NOTE: Allocation.>>  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. <<NOTE: Records.>> 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. <<NOTE: Compliance.>> 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. <<NOTE: Reports.>> Each Inspector General covered by this section
    shall

    [[Page 136 STAT. 4702]]

    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) <<NOTE: Pornography.>>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

        (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, Tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution,
    adjudication activities, or other law enforcement- or victim assistance-
    related activity.
        Sec. 626. <<NOTE: Contracts. Determination.>>  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. <<NOTE: Conference
    attendees. Determinations. Notifications.>>  (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.

    [[Page 136 STAT. 4703]]

        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. <<NOTE: Notification.>>  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. <<NOTE: Requirement.>>  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. <<NOTE: Requirement.>>  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. <<NOTE: Reports.>>  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) <<NOTE: Appointments.>>  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.''.

    [[Page 136 STAT. 4704]]

        (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. <<NOTE: California.>>  (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. <<NOTE: Drug-free workplace.>> 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. <<NOTE: 31 USC 1343 note.>> 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,

    [[Page 136 STAT. 4705]]

    are hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 704. <<NOTE: 5 USC 3101 note.>>  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, <<NOTE: Affidavits.>>  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, <<NOTE: Affidavits.>> That for purposes of paragraphs (2) and
    (3) such affidavits shall be submitted prior to employment and updated
    thereafter as necessary:  Provided further, <<NOTE: Penalties.>> 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, <<NOTE: Time period.>> 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, <<NOTE: Time period.>> That this section does not
    apply to the employment as Wildland firefighters for not more than 120
    days of nonresident aliens employed by the Department of the Interior or
    the USDA Forest Service pursuant to an agreement with another country.

        Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 14057

    [[Page 136 STAT. 4706]]

            (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. <<NOTE: Applicability.>> 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. <<NOTE: Notifications.>> 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. <<NOTE: Definition.>> 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) <<NOTE: Certification.>>  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

    [[Page 136 STAT. 4707]]

    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.

    [[Page 136 STAT. 4708]]

        Sec. 715. <<NOTE: Propaganda. Lobbying.>>  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. <<NOTE: Approval requirement.>>  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. <<NOTE: Propaganda.>> 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) <<NOTE: Definitions.>>  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. <<NOTE: Reimbursement. Approval.>>  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

    [[Page 136 STAT. 4709]]

    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, <<NOTE: Deadline. Spend
    plan.>> That not later than 90 days after enactment of this Act, the
    Director of the Office of Management and Budget, in consultation with
    the Administrator of General Services, shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Committee on Homeland Security and Governmental Affairs of the Senate,
    and the Committee on Oversight and Reform of the House of
    Representatives a detailed spend plan for the funds to be transferred or
    reimbursed:  Provided further, <<NOTE: Estimates.>> 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, <<NOTE: Time
    period. Notifications.>> 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. <<NOTE: Breastfeeding.>> 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, <<NOTE: Reports.>> 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. <<NOTE: Compliance.>> 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

    [[Page 136 STAT. 4710]]

    requirements in part 200 of title 2, Code of Federal Regulations:
    Provided, <<NOTE: Applicability.>> 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) <<NOTE: Data.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Contracts. Drugs and drug
    abuse. Contraceptives.>>  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) <<NOTE: Religion.>>  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) <<NOTE: Discrimination.>>  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) <<NOTE: Abortion.>>  Nothing in this section shall be construed
    to require coverage of abortion or abortion-related services.

        Sec. 727. <<NOTE: Anti-doping.>> The United States is committed to
    ensuring the health of its Olympic, Pan American, and Paralympic
    athletes,

    [[Page 136 STAT. 4711]]

    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. <<NOTE: Contracts. Advance approvals.>>  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. <<NOTE: News stories.>>  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. <<NOTE: Contracts.>>  (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) <<NOTE: Determination.>>  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--

    [[Page 136 STAT. 4712]]

                (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. <<NOTE: Contracts.>>  (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) <<NOTE: Definitions.>>  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. <<NOTE: Portraits.>>  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. <<NOTE: Time periods. 5 USC 5343 note.>>  (a)(1)
    Notwithstanding any other provision of law, and except as otherwise
    provided in this section, no part of any of the funds appropriated for
    fiscal year 2023, by this or any other Act, may be used to pay any
    prevailing rate employee described in section 5342(a)(2)(A) of title 5,
    United States Code--
                (A) during the period from the date of expiration of the
            limitation imposed by the comparable section for the previous
            fiscal years until the normal effective date of the applicable
            wage survey adjustment that is to take effect in fiscal year
            2023, in an amount that exceeds the rate payable for the
            applicable grade and step of the applicable wage schedule in
            accordance with such section; and
                (B) during the period consisting of the remainder of fiscal
            year 2023, in an amount that exceeds, as a result of a wage

    [[Page 136 STAT. 4713]]

            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) <<NOTE: Determination. Regulations.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Locality pay.>>  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

    [[Page 136 STAT. 4714]]

            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) <<NOTE: Effective date.>>  effective as of the first day
            of the first applicable pay period beginning after September 30,
            2022.

        Sec. 738. <<NOTE: Reports. Contracts.>>  (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) <<NOTE: Cost statement.>>  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) <<NOTE: Deadline. Time period. Notification.>>  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) <<NOTE: Grants. Contracts.>>  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

    [[Page 136 STAT. 4715]]

    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) <<NOTE: Contracts. Grants. Confidentiality
    agreements.>>  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) <<NOTE: Nondisclosure agreements.>> 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,

    [[Page 136 STAT. 4716]]

    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) <<NOTE: Compliance.>>  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. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax
    liability. Determination.>> None of the funds made available by this or
    any other Act may be used to enter into a contract, memorandum of
    understanding, or cooperative agreement with, make a grant to, or
    provide a loan or loan guarantee to, any corporation that has any unpaid
    Federal tax liability that has been assessed, for which all judicial and
    administrative remedies have been exhausted or have lapsed, and that is
    not being paid in a timely manner pursuant to an agreement with the
    authority responsible for collecting the tax liability, where the
    awarding agency is aware of the unpaid tax liability, unless a Federal
    agency has considered suspension or debarment of the corporation and has
    made a determination that this further action is not necessary to
    protect the interests of the Government.

        Sec.
    745. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
    l violations. Time period. Determination.>> 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) <<NOTE: Notifications.>>  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) <<NOTE: Public information. Web posting.>>  Any notification
    required by this section shall be made available on the Bureau's public
    website.

        Sec. 747. (a) <<NOTE: Effective date. 5 USC 5303 note.>>
    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) <<NOTE: Effective date.>> 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

    [[Page 136 STAT. 4717]]

    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) <<NOTE: Applicability.>>  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. <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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.

    [[Page 136 STAT. 4718]]

        (k) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>> 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) <<NOTE: Effective date.>>  This section takes effect on the
    first day of the first applicable pay period beginning on or after
    January 1, 2023.

        Sec. 748. <<NOTE: President. Reports. Statement.>> 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, <<NOTE: Records.>> 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) <<NOTE: Notifications. Apportionments.>>  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

    [[Page 136 STAT. 4719]]

    Congressionally Directed Medical Research Programs and the National
    Institutes of Health research programs.
        Sec. 752. (a)(1) <<NOTE: Reports. Deadline. Criteria. 29 USC 794d-
    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) <<NOTE: Requirements. Determinations.>>  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) <<NOTE: Accessibility.>>  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) <<NOTE: Guidance. Data. Compliance.>>  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) <<NOTE: Evaluations.>> Not later than 225 days after the date of
    enactment of this Act, the head of each agency shall--
                (A) evaluate the extent to which the electronic and
            information technology of the agency are accessible to and
            usable by individuals with disabilities described in subsection
            (a)(1) of such section 508 compared to the access to and use of
            the technology and services by individuals described in such
            section who are not individuals with disabilities;
                (B) evaluate the electronic and information technology of
            the agency in accordance with the criteria and instructions
            provided in paragraph (1); and
                (C) submit a report containing the evaluations jointly to
            the Director and the Administrator.

        (b)(1) Not later than 1 year after the date of enactment of this
    Act, and annually thereafter, the Administrator, in consultation with
    the Director, shall prepare and submit to the Committees on
    Appropriations and Homeland Security and Governmental Affairs of the
    Senate and the Committees on Appropriations and Oversight and Reform of
    the House of Representatives a report that shall include--
                (A) <<NOTE: Assessment. Compliance.>>  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);

    [[Page 136 STAT. 4720]]

                (B) <<NOTE: Time period.>>  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) <<NOTE: List. Recommenda- tions.>>  a list of
            recommendations that agencies or Congress may take to help
            support that compliance.

        (2) <<NOTE: Public information. Web posting.>>  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. <<NOTE: Reimbursements. Approval.>> 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, <<NOTE: Deadline. Spend plan.>> 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 <<NOTE: Estimates.>>
    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, <<NOTE: Time period. Notifications.>>  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.

    [[Page 136 STAT. 4721]]

                                   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. <<NOTE: Propaganda. Lobbying.>> 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) <<NOTE: Advance approvals.>> 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) <<NOTE: Termination date.>>  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. <<NOTE: Definition.>>  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--

    [[Page 136 STAT. 4722]]

                (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) <<NOTE: Voting rights.>>  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. <<NOTE: Needle distribution.>> 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. <<NOTE: Contraceptives. Conscience exception.>> 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. <<NOTE: Penalties. Drugs and drug abuse.>>  (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.

    [[Page 136 STAT. 4723]]

        Sec. 810. <<NOTE: Abortion.>>  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) <<NOTE: Deadline. Operating budget.>>  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) <<NOTE: Applicability. Certification.>> 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. <<NOTE: Deadline. Operating budget.>>  No later than 30
    calendar days after the date of the enactment of this Act, the Chief
    Financial Officer for the District of Columbia shall submit to the
    appropriate committees of Congress, the Mayor, and the Council for the
    District of Columbia, a revised appropriated funds operating budget for
    the District of Columbia Public Schools that aligns schools budgets to
    actual enrollment. The revised appropriated funds budget shall be in the
    format of the budget that the District of Columbia government submitted
    pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
    Official Code, sec. 1-204.42).

        Sec. 813. (a) Amounts appropriated in this Act as operating funds
    may be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred, shall retain appropriation
    authority consistent with the provisions of this Act.
        (b) <<NOTE: Time period.>>  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, <<NOTE: Advance
    approvals.>> 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,

    [[Page 136 STAT. 4724]]

    That <<NOTE: Compliance.>>  these requests shall be made in compliance
    with reprogramming guidelines outlined in section 803 of this Act.

        Sec. 816. <<NOTE: Time periods.>>  (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) <<NOTE: Applicability.>>  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) <<NOTE: Definition. Virginia.>>  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.

    [[Page 136 STAT. 4725]]

        Sec. 818. <<NOTE: Reports.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>>  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-- <<NOTE: Department of Homeland Security Appropriations Act,
    2023.>> 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, <<NOTE: Submission.>>  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.

    [[Page 136 STAT. 4726]]

                               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

    [[Page 136 STAT. 4727]]

    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) <<NOTE: Reports. Grants. Contracts. Time period.>>
    The Secretary of Homeland Security shall submit a report not later than
    October 15, 2023, to the Inspector General of the Department of Homeland
    Security listing all grants and contracts awarded by any means other
    than full and open competition during fiscal years 2022 or 2023.

        (b) <<NOTE: Review. Assessment. Compliance.>>  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. <<NOTE: Budget. Reports.>>  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. <<NOTE: Contracts. Award fees.>>  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. <<NOTE: Notifications.>>  (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. <<NOTE: Briefing. Deadline. Contracts.>>  (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;

    [[Page 136 STAT. 4728]]

                (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) <<NOTE: Cost estimate.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Summary.>>  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) <<NOTE: Estimates.>>  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) <<NOTE: Listing.>>  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) <<NOTE: Memorandums. Deadline.>>  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) <<NOTE: Reports.>>  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;

    [[Page 136 STAT. 4729]]

                (2) <<NOTE: Assessment. Data.>>  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) <<NOTE: Implementation plan. Cost
            estimates. Schedules.>>  an implementation plan, including
            milestones, cost estimates, and implementation schedules,
            including a projected end date.

        (d) <<NOTE: Reports. Costs.>>  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

    [[Page 136 STAT. 4730]]

    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, <<NOTE: Reports.>> That of
    the amounts made available under this heading for the Executive
    Leadership and Oversight program, project, and activity, as outlined in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act), $5,000,000 shall not be
    available for obligation until the reports concerning human capital
    strategic plans and the Office of Field Operations workload staffing
    model that are directed in such explanatory statement are submitted to
    the Committees on Appropriations of the Senate and the House of
    Representatives.

                   procurement, construction, and improvements

        For necessary expenses of U.S. Customs and Border Protection for
    procurement, construction, and improvements, including procurement of
    marine vessels, aircraft, and unmanned aerial systems, $581,558,000, of
    which $481,658,000 shall remain available until September 30, 2025; and
    of which $99,900,000 shall remain available until September 30, 2027.

                    U.S. Immigration and Customs Enforcement

                             operations and support

        For necessary expenses of U.S. Immigration and Customs Enforcement
    for operations and support, including the purchase and lease of up to
    3,790 (2,350 for replacement only) police-type

    [[Page 136 STAT. 4731]]

    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, <<NOTE: Reports.>> 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, <<NOTE: Reduction.>> 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.

    [[Page 136 STAT. 4732]]

                   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

    [[Page 136 STAT. 4733]]

    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.

    [[Page 136 STAT. 4734]]

                            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. <<NOTE: Applicability.>>  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. <<NOTE: Puerto Rico. Virgin Islands.>>  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. <<NOTE: Fees. Canada. Mexico.>>  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) <<NOTE: Reduction.>> For an additional amount for
    ``U.S. Customs and Border Protection--Operations and Support'',
    $31,000,000, to remain available until expended, to be reduced by
    amounts collected and credited to this appropriation in fiscal year 2023
    from amounts authorized to be collected by section 286(i) of the
    Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the
    Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and
    section 817 of the Trade Facilitation and Trade Enforcement Act of 2015
    (Public Law 114-125), or other such authorizing language.

        (b) To the extent that amounts realized from such collections exceed
    $31,000,000, those amounts in excess of $31,000,000 shall be credited to
    this appropriation, to remain available until expended.
        Sec. 205. <<NOTE: Drugs and drug abuse. Canada. Compliance.>>  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, <<NOTE: Applicability. Time period.>> 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

    [[Page 136 STAT. 4735]]

    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) <<NOTE: Notification. Deadline. Waivers.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Definition.>>  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) <<NOTE: Deadline. Expenditure plan.>>  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. <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 4736]]

    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) <<NOTE: Time period.>> 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) <<NOTE: Disbursement. Time period.>>  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) <<NOTE: Reimbursement. Effective date.>>  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. <<NOTE: Determination.>> 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) <<NOTE: Contracts. 6 USC 211 note.>>  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. <<NOTE: Aliens.>>  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. <<NOTE: Time period. Applicability. 8 USC 1378a note.>>
    The reports required to be submitted under section 216 of the Department
    of Homeland Security Appropriations Act,

    [[Page 136 STAT. 4737]]

    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. <<NOTE: Applicability.>> 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. <<NOTE: Explosives detection systems.>> 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. <<NOTE: Contracts. Explosives detection systems.>>
    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. <<NOTE: Reports. Plans.>>  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) <<NOTE: Vessels.>>  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

    [[Page 136 STAT. 4738]]

    from owners of yachts and credited to the appropriation made available
    by this Act under the heading ``Coast Guard--Operations and Support''.

        (b) To the extent such fees are insufficient to pay expenses of
    recreational vessel documentation under such section 12114, and there is
    a backlog of recreational vessel applications, personnel performing non-
    recreational vessel documentation functions under subchapter II of
    chapter 121 of title 46, United States Code, may perform documentation
    under section 12114.
        Sec. 224.  Without regard to the limitation as to time and condition
    of section 503(d) of this Act, after June 30, in accordance with the
    notification requirement described in subsection (b) of such section, up
    to the following amounts may be reprogrammed within ``Coast Guard--
    Operations and Support''--
                (1) $10,000,000 to or from the ``Military Personnel''
            funding category; and
                (2) $10,000,000 between the ``Field Operations'' funding
            subcategories.

        Sec. 225. <<NOTE: Investment plan. Requirements.>>  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

    [[Page 136 STAT. 4739]]

    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) <<NOTE: Determination.>>  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. <<NOTE: Reimbursements.>>  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) <<NOTE: Contracts. Reimbursement.>>  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. <<NOTE: Notifications. Time period.>>  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:

    [[Page 136 STAT. 4740]]

     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, <<NOTE: Puerto Rico.>>  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

    [[Page 136 STAT. 4741]]

            of 2002 (6 U.S.C. 604 and 605), of which $152,500,000 is for
            eligible recipients located in high-risk urban areas that
            receive funding under section 2003 of such Act and $152,500,000
            is for eligible recipients that are located outside such areas:
            Provided, That eligible recipients are those described in
            section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an
            otherwise eligible recipient at risk of a terrorist or other
            extremist attack.
                (4) $105,000,000 for Public Transportation Security
            Assistance, Railroad Security Assistance, and Over-the-Road Bus
            Security Assistance under sections 1406, 1513, and 1532 of the
            Implementing Recommendations of the 9/11 Commission Act of 2007
            (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
            for Amtrak security and $2,000,000 shall be for Over-the-Road
            Bus Security:  Provided, That such public transportation
            security assistance shall be provided directly to public
            transportation agencies.
                (5) $100,000,000 for Port Security Grants in accordance with
            section 70107 of title 46, United States Code.
                (6) $720,000,000, to remain available until September 30,
            2024, of which $360,000,000 shall be for Assistance to
            Firefighter Grants and $360,000,000 shall be for Staffing for
            Adequate Fire and Emergency Response Grants under sections 33
            and 34 respectively of the Federal Fire Prevention and Control
            Act of 1974 (15 U.S.C. 2229 and 2229a).
                (7) $355,000,000 for emergency management performance grants
            under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
            et seq.), the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
            Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6,
            United States Code, and Reorganization Plan No. 3 of 1978 (5
            U.S.C. App.).
                (8) $312,750,000 for necessary expenses for Flood Hazard
            Mapping and Risk Analysis, in addition to and to supplement any
            other sums appropriated under the National Flood Insurance Fund,
            and such additional sums as may be provided by States or other
            political subdivisions for cost-shared mapping activities under
            section 1360(f)(2) of the National Flood Insurance Act of 1968
            (42 U.S.C. 4101(f)(2)), to remain available until expended.
                (9) $12,000,000 for Regional Catastrophic Preparedness
            Grants.
                (10) $130,000,000 for the emergency food and shelter program
            under title III of the McKinney-Vento Homeless Assistance Act
            (42 U.S.C. 11331), to remain available until September 30, 2024:
             Provided, That not to exceed 3.5 percent shall be for total
            administrative costs.
                (11) $56,000,000 for the Next Generation Warning System.
                (12) $335,145,000 for Community Project Funding and
            Congressionally Directed Spending grants, which shall be for the
            purposes, and the amounts, specified in the table entitled
            ``Community Project Funding/Congressionally Directed Spending''
            under this heading in the explanatory statement described in
            section 4 (in the matter preceding division A of this
            consolidated Act), of which--
                        (A) $86,140,285, in addition to amounts otherwise
                    made available for such purpose, is for emergency
                    operations center grants under section 614 of the Robert
                    T.

    [[Page 136 STAT. 4742]]

                    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)

    [[Page 136 STAT. 4743]]

    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 <<NOTE: Grants.>>  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) <<NOTE: Briefings. Time periods. Deadlines.>> 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) <<NOTE: Reduction.>> 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.

    [[Page 136 STAT. 4744]]

        (b) <<NOTE: Applicability.>>  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. <<NOTE: Deadlines.>>  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) <<NOTE: Briefing. Time periods. Public information.>>
    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) <<NOTE: Rescission.>>  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. <<NOTE: Applicability.>>  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) <<NOTE: Waiver authority.>>  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) <<NOTE: Fees.>>  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.

    [[Page 136 STAT. 4745]]

        (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) <<NOTE: Effective date.>>  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. <<NOTE: Waiver authority.>>  In making grants under the
    heading ``Federal Emergency Management Agency--Federal Assistance'', for
    Assistance to Firefighter Grants, the Administrator of the Federal
    Emergency Management Agency may waive subsection (k) of section 33 of
    the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229).

                                    TITLE IV

                  RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

                    U.S. Citizenship and Immigration Services

                             operations and support

        For necessary expenses of U.S. Citizenship and Immigration Services
    for operations and support, including for the E-Verify Program and for
    the Refugee and International Operations Programs, $242,981,000:
    Provided, That such amounts shall be in addition to any other amounts
    made available for such purposes, and shall not be construed to require
    any reduction of any fee described in section 286(m) of the Immigration
    and Nationality Act (8 U.S.C. 1356(m)):  Provided further, That not to
    exceed $5,000 shall be for official reception and representation
    expenses.

                               federal assistance

        For necessary expenses of U.S. Citizenship and Immigration Services
    for Federal assistance for the Citizenship and Integration Grant
    Program, $25,000,000, to remain available until September 30, 2024.

                    Federal Law Enforcement Training Centers

                             operations and support

        For necessary expenses of the Federal Law Enforcement Training
    Centers for operations and support, including the purchase of not to
    exceed 117 vehicles for police-type use and hire of passenger motor
    vehicles, and services as authorized by section 3109 of title 5, United
    States Code, $354,552,000, of which $66,665,000 shall remain available
    until September 30, 2024:  Provided, That not to exceed $7,180 shall be
    for official reception and representation expenses.

                   procurement, construction, and improvements

        For necessary expenses of the Federal Law Enforcement Training
    Centers for procurement, construction, and improvements, $51,995,000, to
    remain available until September 30, 2027, for acquisition of necessary
    additional real property and facilities,

    [[Page 136 STAT. 4746]]

    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.

    [[Page 136 STAT. 4747]]

                            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. <<NOTE: Biometrics.>> 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.

    [[Page 136 STAT. 4748]]

        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) <<NOTE: Notifications. Time periods.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Termination date.>>  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) <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 4749]]

    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) <<NOTE: Applicability. 31 USC 501 note.>>  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) <<NOTE: Deadline.>>  Except as otherwise specifically
    provided by law, not to exceed 50 percent of unobligated balances
    remaining available at the end of fiscal year 2023, as recorded in the
    financial records at the time of a reprogramming notification, but not
    later than June 30, 2024, from appropriations for ``Operations and
    Support'' for fiscal year 2023 in this Act shall remain available
    through September 30, 2024, in the account and for the purposes for
    which the appropriations were provided.

        (b) <<NOTE: Notification.>>  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) <<NOTE: Briefing. Plan.>>  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) <<NOTE: Notifications. Deadlines. Grants. Contracts. Public
    information.>>  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) <<NOTE: Determination. Deadline.>>  If the Secretary of Homeland
    Security determines that compliance with this section would pose a
    substantial risk to human

    [[Page 136 STAT. 4750]]

    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. <<NOTE: Contracts. Notification.>>  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. <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  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. <<NOTE: National identification card.>>  None of the funds
    made available in this Act may be used for planning, testing, piloting,
    or developing a national identification card.

        Sec. 516. <<NOTE: Delegation authority.>>  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.

    [[Page 136 STAT. 4751]]

        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. <<NOTE: Contracts.>>  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) <<NOTE: Pornography.>>  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. <<NOTE: Contracts.>>  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. <<NOTE: Firearms.>>  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) <<NOTE: Conference
    attendees. Determination. Notifications. Deadline.>>  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) <<NOTE: Definition.>>  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.

    [[Page 136 STAT. 4752]]

        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) <<NOTE: Pay reform. Employment positions. Time
    periods. Notification.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Web posting. Public
    information. Reports. Determination.>>  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) <<NOTE: Time period.>>  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. <<NOTE: Continuation.>>  The authority provided by section
    532 of the Department of Homeland Security Appropriations Act, 2018
    (Public Law 115-141) regarding primary and secondary schooling of
    dependents shall continue in effect during fiscal year 2023.

        Sec. 529. <<NOTE: Aliens. Congress.>>  (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

    [[Page 136 STAT. 4753]]

    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) <<NOTE: Time period.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: Pregnant women. Determinations.>>  (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.

    [[Page 136 STAT. 4754]]

        Sec. 532. <<NOTE: Records.>>  (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. <<NOTE: Applicability.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Summary.>>  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) <<NOTE: Definition.>>  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.

    [[Page 136 STAT. 4755]]

        Sec.
    535. <<NOTE: Deadlines. Determination. President. Evaluation. Notificatio
    ns. Threat assessments.>>  (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) <<NOTE: Reports.>>  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. <<NOTE: Project proposal.>>  (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) <<NOTE: Notifications.>>  notifies the Committees on
            Appropriations of the Senate and the House of Representatives of
            the proposed submission of the project proposal;
                (2) <<NOTE: Records.>>  submits to the Committees on
            Appropriations a copy of the project proposal; and
                (3) <<NOTE: Analysis.>>  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) <<NOTE: Time period. Reports.>>  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;

    [[Page 136 STAT. 4756]]

                (2) <<NOTE: Contracts.>>  the finalized interagency
            agreement between the Department and the Fund including the
            project's deliverables and repayment terms, as applicable;
                (3) <<NOTE: Analysis.>>  a detailed analysis of how the
            project will supplement or supplant existing funding available
            to the Department for similar activities;
                (4) <<NOTE: Repayment plan.>>  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. <<NOTE: Deadline. Budget.>> 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. <<NOTE: Treaty resolution.>>   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. <<NOTE: Contracts. Memorandums. Grants. Loans.>> No
    Federal funds made available to the Department of Homeland Security may
    be used to enter into a procurement contract, memorandum of
    understanding, or cooperative agreement with, or make a grant to, or
    provide a loan or guarantee to, any entity identified under section
    1260H of the William M. (Mac) Thornberry National Defense Authorization
    Act for Fiscal Year 2021 (Public Law 116-283) or any subsidiary of such
    entity.

        Sec. 540.  Section 205 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5135) is amended--
                (1) in subsection (d)--
                        (A) in paragraph (2)--
                              (i) by striking subparagraph (C);
                              (ii) at the end of subparagraph (A), by adding
                          ``and''; and
                              (iii) at the end of subparagraph (B), by
                          striking ``; and'' and inserting a period;
                        (B) in paragraph (3)(D), by striking ``local
                    governments, insular areas, and Indian tribal
                    governments'' and inserting ``local governments and
                    Tribal governments''; and
                        (C) by striking paragraph (4); and
                (2) in subsection (m)--
                        (A) by striking paragraph (3) and inserting the
                    following:
                ``(3) <<NOTE: Definition.>>  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

    [[Page 136 STAT. 4757]]

    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. <<NOTE: Applicability. 6 USC 320 note.>> 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. <<NOTE: Khalid Sheikh Mohammed. Detainees.>>  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) <<NOTE: Cuba.>>  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. <<NOTE: Time period. Effective date. Estimates.>>  (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) <<NOTE: Verification. Review.>>  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;

    [[Page 136 STAT. 4758]]

                        (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) <<NOTE: Deadline. Expenditure plan.>>  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) <<NOTE: Updates. Time period.>>  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. <<NOTE: Applicability. 6 USC 124n note.>> 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).

    [[Page 136 STAT. 4759]]

                (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''.

    [[Page 136 STAT. 4760]]

       DIVISION G-- <<NOTE: Department of the Interior, Environment, and
    Related Agencies Appropriations Act, 2023.>> DEPARTMENT OF THE INTERIOR,
    ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

                                     TITLE I

                           DEPARTMENT OF THE INTERIOR

                            Bureau of Land Management

                        management of lands and resources

        For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law, in
    the management of lands and their resources under the jurisdiction of
    the Bureau of Land Management, including the general administration of
    the Bureau, and assessment of mineral potential of public lands pursuant
    to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
    $1,368,969,000, to remain available until September 30, 2024; of which
    $76,187,000 for annual maintenance and deferred maintenance programs and
    $147,888,000 for the wild horse and burro program, as authorized by
    Public Law 92-195 (16 U.S.C. 1331 et seq.), shall remain available until
    expended:  Provided, <<NOTE: Drilling permits.>> 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, <<NOTE: Reduction.>>  $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

    [[Page 136 STAT. 4761]]

    lands or interests therein, including existing connecting roads on or
    adjacent to such grant lands; $120,334,000, to remain available until
    expended:  Provided, <<NOTE: Transfer authority.>> 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, <<NOTE: 43 USC 1735 note.>> 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, <<NOTE: 43 USC 1735 note.>> 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.

    [[Page 136 STAT. 4762]]

    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, <<NOTE: Contracts. Determination.>> 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, <<NOTE: Reimbursements.>> 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

    [[Page 136 STAT. 4763]]

    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

    [[Page 136 STAT. 4764]]

    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, <<NOTE: Apportionment. District of
    Columbia. Territories.>>  That the Secretary shall, after deducting
    $13,812,000 and administrative expenses, apportion the amount provided
    herein in the following manner: (1) to the District of Columbia and to
    the Commonwealth of Puerto Rico, each a sum equal to not more than one-
    half of 1 percent thereof; and (2) to Guam, American Samoa, the United
    States Virgin Islands, and the Commonwealth of the Northern Mariana
    Islands, each a sum equal to not more than one-fourth of 1 percent
    thereof:  Provided further, That <<NOTE: Apportionment.>> 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 <<NOTE: Adjustment.>> 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 <<NOTE: >> 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.Reap
    portionment

                            administrative provisions

        The <<NOTE: Contracts. Grants.>> 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, <<NOTE: Contracts. Determination.>> 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 <<NOTE: Donations.>> the Service may

    [[Page 136 STAT. 4765]]

    accept donated aircraft as replacements for existing aircraft:  Provided
    further, <<NOTE: Fees.>>  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 <<NOTE: 36 USC note prec. 101.>> 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).

    [[Page 136 STAT. 4766]]

                           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, <<NOTE: Grants.>> 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, <<NOTE: Approval.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 4767]]

    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, <<NOTE: Consultation.>> 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 <<NOTE: Fees.>> addition to other uses set forth in section
    101917(c)(2) of title 54, United States Code, franchise fees credited to
    a sub-account shall be available for expenditure by the Secretary,
    without further appropriation, for use at any unit within the National
    Park System to extinguish or reduce liability for Possessory Interest or
    leasehold surrender interest. Such funds may only be used for this
    purpose to the extent that the benefitting unit anticipated franchise
    fee receipts over the term of the contract at that unit exceed the
    amount of funds used to extinguish or reduce liability. Franchise fees
    at the benefitting unit shall be credited to the sub-account of the
    originating unit over a period not to exceed the term of a single
    contract at the benefitting unit, in the amount of funds so expended to
    extinguish or reduce liability.

        For the costs of administration of the Land and Water Conservation
    Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
    Energy Security Act of 2006 (Public Law 109-432), the National Park
    Service may retain up to 3 percent of the amounts which are authorized
    to be disbursed under such section, such retained amounts to remain
    available until expended.
        National Park Service funds may be transferred to the Federal
    Highway Administration (FHWA), Department of Transportation, for
    purposes authorized under 23 U.S.C. 203. Transfers may include a
    reasonable amount for FHWA administrative support costs.

                         United States Geological Survey

                      surveys, investigations, and research

                          (including transfer of funds)

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify

    [[Page 136 STAT. 4768]]

    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, <<NOTE: 43 USC 50.>> 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 <<NOTE: Contracts. Grants.>>  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, <<NOTE: Contracts.>> 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.

    [[Page 136 STAT. 4769]]

                        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, <<NOTE: Reduction.>> 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, <<NOTE: Reduction.>> 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, <<NOTE: Reduction.>> 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 <<NOTE: Reduction.>> 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 <<NOTE: Reduction.>> 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

    [[Page 136 STAT. 4770]]

    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, <<NOTE: 30 USC 1211 note.>>  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 <<NOTE: 30 USC 1257 note.>>  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 <<NOTE: Reduction.>> 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, <<NOTE: Debt
    collection. Contracts.>> 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

    [[Page 136 STAT. 4771]]

    restoration related to treatment or abatement of acid mine drainage from
    abandoned mines:  Provided further, That such projects must be
    consistent with the purposes and priorities of the Surface Mining
    Control and Reclamation Act:  Provided further, That amounts provided
    under this heading may be used for the travel and per diem expenses of
    State and tribal personnel attending Office of Surface Mining
    Reclamation and Enforcement sponsored training.

        In addition, $135,000,000, to remain available until expended, for
    grants to States and federally recognized Indian Tribes for reclamation
    of abandoned mine lands and other related activities in accordance with
    the terms and conditions described in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act):  Provided, That such additional amount shall be used
    for economic and community development in conjunction with the
    priorities in section 403(a) of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1233(a)):  Provided further, That of
    such additional amount, $88,042,000 shall be distributed in equal
    amounts to the three Appalachian States with the greatest amount of
    unfunded needs to meet the priorities described in paragraphs (1) and
    (2) of such section, $35,218,000 shall be distributed in equal amounts
    to the three Appalachian States with the subsequent greatest amount of
    unfunded needs to meet such priorities, and $11,740,000 shall be for
    grants to federally recognized Indian Tribes without regard to their
    status as certified or uncertified under the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
    abandoned mine lands and other related activities in accordance with the
    terms and conditions described in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act)
    and shall be used for economic and community development in conjunction
    with the priorities in section 403(a) of the Surface Mining Control and
    Reclamation Act of 1977:  Provided further, <<NOTE: Allocations. State
    and local governments. Native Americans. Deadline.>>  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

    [[Page 136 STAT. 4772]]

    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 <<NOTE: Expiration date.>> 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

    [[Page 136 STAT. 4773]]

    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 <<NOTE: Reimbursement.>> 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

    [[Page 136 STAT. 4774]]

    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 <<NOTE: Deadline.>>
    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 <<NOTE: Contracts. Grants.>>  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.

         <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 4775]]

    provisions of the Indian Self-Determination Act or the Tribal Self-
    Governance Act of 1994 (Public Law 103-413).
        In the event any tribe returns appropriations made available by this
    Act to the Bureau of Indian Affairs or the Bureau of Indian Education,
    this action shall not diminish the Federal Government's trust
    responsibility to that tribe, or the government-to-government
    relationship between the United States and that tribe, or that tribe's
    ability to access future appropriations.
         <<NOTE: Alaska.>> 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 <<NOTE: Waiver authority. Determination.>>  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. <<NOTE: Charter
    schools. Reimbursement.>> 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.

         <<NOTE: Continuation.>> 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.

         <<NOTE: Waiver authority. Compliance.>> 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

    [[Page 136 STAT. 4776]]

    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, <<NOTE: Definition.>> 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 <<NOTE: Time period.>>  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 <<NOTE: Statement. Records.>>  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

    [[Page 136 STAT. 4777]]

    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 <<NOTE: Time period.>> 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, <<NOTE: Records. Determination.>> 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 <<NOTE: 31 USC 6903 note.>>  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

    [[Page 136 STAT. 4778]]

    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, <<NOTE: Audits. 48 USC 1469b.>> That all financial
    transactions of the territorial and local governments herein provided
    for, including such transactions of all agencies or instrumentalities
    established or used by such governments, may be audited by the
    Government Accountability Office, at its discretion, in accordance with
    chapter 35 of title 31, United States Code:  Provided further, That
    Northern Mariana Islands Covenant grant funding shall be provided
    according to those terms of the Agreement of the Special Representatives
    on Future United States Financial Assistance for the Northern Mariana
    Islands approved by Public Law 104-134:  Provided
    further, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4779]]

    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 <<NOTE: Guam. Loans.>>  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

    [[Page 136 STAT. 4780]]

    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, <<NOTE: Contracts. Grants.>> 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, <<NOTE: Guidance.>>  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, <<NOTE: Reimbursement.>> 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, <<NOTE: Contracts. Real property. State and local
    governments.>> 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,

    [[Page 136 STAT. 4781]]

    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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Determination. Deadline.>> 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

    [[Page 136 STAT. 4782]]

    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 <<NOTE: Grants.>>  the Secretary may
    transfer the funds provided under this heading in this Act to any other
    account in the Department to carry out such purposes, and may expend
    such funds directly, or through grants:  Provided further, That these
    amounts are not available to fulfill Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)
    obligations agreed to in settlement or imposed by a court, whether for
    payment of funds or for work to be performed.

               natural resource damage assessment and restoration

                     natural resource damage assessment fund

        To conduct natural resource damage assessment, restoration
    activities, and onshore oil spill preparedness by the Department of the
    Interior necessary to carry out the provisions of the Comprehensive
    Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
    et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
    seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
    U.S.C. 100721 et seq., $8,037,000, to remain available until expended.

                              working capital fund

        For the operation and maintenance of a departmental financial and
    business management system, data management, information technology
    improvements of general benefit to the Department, cybersecurity, and
    the consolidation of facilities and operations throughout the
    Department, $112,198,000, to remain available until expended:  Provided,
    That <<NOTE: Advance approvals.>> 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, <<NOTE: Contracts. State and local governments. Tribal
    governments.>> 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, <<NOTE: Grants. Contracts.>> That
    the Secretary may enter into grants and cooperative agreements to
    support the Office of Natural

    [[Page 136 STAT. 4783]]

    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,

    [[Page 136 STAT. 4784]]

    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 <<NOTE: Reimbursement.>> 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 <<NOTE: Determination. Deadline.>> 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, <<NOTE: Reimbursement.>> 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. <<NOTE: Notification. Deadline.>>  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.

    [[Page 136 STAT. 4785]]

                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.  <<NOTE: New York. New
    Jersey. Contracts.>> Notwithstanding any other provision of law, the
    Secretary of the Interior is authorized to acquire lands, waters, or
    interests therein, including the use of all or part of any pier, dock,
    or landing within the State of New York and the State of New Jersey, for
    the purpose of operating and maintaining facilities in the support of
    transportation and accommodation of visitors to Ellis, Governors, and
    Liberty Islands, and of other program and administrative activities, by
    donation or with appropriated funds, including franchise fees (and other
    monetary consideration), or by exchange; and the Secretary is authorized
    to negotiate and enter into leases, subleases, concession contracts, or
    other agreements for the use of such facilities on such terms and
    conditions as the Secretary may determine reasonable.

                     outer continental shelf inspection fees

        Sec. 107. (a) In fiscal year 2023, the Secretary of the Interior
    shall collect a nonrefundable inspection fee, which shall be deposited
    in the ``Offshore Safety and Environmental Enforcement'' account, from
    the designated operator for facilities subject to inspection under 43
    U.S.C. 1348(c).
        (b) Annual fees shall be collected for facilities that are above the
    waterline, excluding drilling rigs, and are in place at the start of the
    fiscal year. Fees for fiscal year 2023 shall be--
                (1) $10,500 for facilities with no wells, but with
            processing equipment or gathering lines;
                (2) $17,000 for facilities with 1 to 10 wells, with any
            combination of active or inactive wells; and
                (3) $31,500 for facilities with more than 10 wells, with any
            combination of active or inactive wells.

        (c) Fees for drilling rigs shall be assessed for all inspections
    completed in fiscal year 2023. Fees for fiscal year 2023 shall be--
                (1) $30,500 per inspection for rigs operating in water
            depths of 500 feet or more; and
                (2) $16,700 per inspection for rigs operating in water
            depths of less than 500 feet.

        (d) Fees for inspection of well operations conducted via non-rig
    units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
    assessed for all inspections completed in fiscal year 2023. Fees for
    fiscal year 2023 shall be--
                (1) $13,260 per inspection for non-rig units operating in
            water depths of 2,500 feet or more;

    [[Page 136 STAT. 4786]]

                (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) <<NOTE: Time period. Deadlines.>>  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.  <<NOTE: 16 USC 1336 note.>>  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. <<NOTE: Time period.>> 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) <<NOTE: Grants. Contracts.>> 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.

    [[Page 136 STAT. 4787]]

        (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. <<NOTE: Deadline.>>  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. <<NOTE: Applicability. 31 USC 6906 note.>>  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) <<NOTE: Web posting. Public
    information. Deadline.>> 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) <<NOTE: Virginia. District of Columbia.>>
    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

    [[Page 136 STAT. 4788]]

    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), <<NOTE: 54 USC 320101 note.>>  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 <<NOTE: 54 USC 320101 note.>>  (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) <<NOTE: 54
    USC 320101 note.>>  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) <<NOTE: 54 USC 320101
    note.>>  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), <<NOTE: 54 USC
    320101 note.>> 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.''.

    [[Page 136 STAT. 4789]]

        (f) Section 512 of the National Aviation Heritage Area Act (title V
    of division J of Public Law 108-447), <<NOTE: 54 USC 320101 note.>>  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) <<NOTE: 54 USC 320101 note.>>  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) <<NOTE: 54 USC 320101 note.>> ,
    is amended by striking ``$10,000,000'' and inserting ``$12,000,000''.

        (i) Section 125(a) of Public Law 98-398 <<NOTE: 120 Stat. 1853.>> is
    amended by striking ``$10,000,000'' and inserting ``$12,000,000''.

                             appraiser pay authority

        Sec. 119.  For fiscal year 2023, funds made available in this or any
    other Act or otherwise made available to the Department of the Interior
    for the Appraisal and Valuation Services Office may be used by the
    Secretary of the Interior to establish higher minimum rates of basic pay
    for employees of the Department of the Interior in the Appraiser (GS-
    1171) job series at grades 11 through 15 carrying out appraisals of real
    property and appraisal reviews conducted in support of the Department's
    realty programs at rates no greater than 15 percent above the minimum
    rates of basic pay normally scheduled, and such higher rates shall be
    consistent with subsections (e) through (h) of section 5305 of title 5,
    United States Code.

                                   sage-grouse

        Sec. 120.  None of the funds made available by this or any other Act
    may be used by the Secretary of the Interior to write or issue pursuant
    to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
                (1) a proposed rule for greater sage-grouse (Centrocercus
            urophasianus);
                (2) a proposed rule for the Columbia basin distinct
            population segment of greater sage-grouse.

                            state conservation grants

        Sec. 121.  For expenses necessary to carry out section 200305 of
    title 54, United States Code, the National Park Service may retain up to
    7 percent of the State Conservation Grants program to provide to States,
    the District of Columbia, and insular areas, as matching grants to
    support state program administrative costs.

                          lowell national historic park

        Sec. 122.  Section 103(a) of Public Law 95-290 (16 U.S.C. 410cc-
    13(a); 92 Stat. 292) is amended by striking paragraph (1) and
    redesignating paragraph (2) as paragraph (1).

                    visitor experience improvement authority

        Sec. 123.  Section 101938 of title 54, United States Code, is
    amended by striking ``7'' and inserting ``9''.

    [[Page 136 STAT. 4790]]

                          delaware water gap authority

        Sec. 124. <<NOTE: Applicability.>>   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

    [[Page 136 STAT. 4791]]

                (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 <<NOTE: Grants. Contracts.>> 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, <<NOTE: Reduction.>> 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, <<NOTE: Allocation.>> 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.

    [[Page 136 STAT. 4792]]

                          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 <<NOTE: Allocations.>> 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

    [[Page 136 STAT. 4793]]

            $1,126,101,000 shall be for making capitalization grants for the
            Drinking Water State Revolving Funds under section 1452 of the
            Safe Drinking Water Act:  Provided, That $863,108,642 of the
            funds made available for capitalization grants for the Clean
            Water State Revolving Funds and $609,255,899 of the funds made
            available for capitalization grants for the Drinking Water State
            Revolving Funds shall be for the construction of drinking water,
            wastewater, and storm water infrastructure and for water quality
            protection in accordance with the terms and conditions specified
            for such grants in the explanatory statement described in
            section 4 (in the matter preceding division A of this
            consolidated Act) for projects specified for ``STAG--Drinking
            Water SRF'' and ``STAG--Clean Water SRF'' in the table titled
            ``Interior and Environment Incorporation of Community Project
            Funding Items/Congressionally Directed Spending Items'' included
            for this division in the explanatory statement described in
            section 4 (in the matter preceding division A of this
            consolidated Act), and, for purposes of these grants, each
            grantee shall contribute not less than 20 percent of the cost of
            the project unless the grantee is approved for a waiver by the
            Agency:  Provided further, That for fiscal year 2023, to the
            extent there are sufficient eligible project applications and
            projects are consistent with State Intended Use Plans, not less
            than 10 percent of the funds made available under this title to
            each State for Clean Water State Revolving Fund capitalization
            grants shall be used by the State for projects to address green
            infrastructure, water or energy efficiency improvements, or
            other environmentally innovative activities:  Provided further,
            That for fiscal year 2023, funds made available under this title
            to each State for Drinking Water State Revolving Fund
            capitalization grants may, at the discretion of each State, be
            used for projects to address green infrastructure, water or
            energy efficiency improvements, or other environmentally
            innovative activities:  Provided further, That the Administrator
            is authorized to use up to $1,500,000 of funds made available
            for the Clean Water State Revolving Funds under this heading
            under title VI of the Federal Water Pollution Control Act (33
            U.S.C. 1381) to conduct the Clean Watersheds Needs Survey:
            Provided further, That notwithstanding section 603(d)(7) of the
            Federal Water Pollution Control Act, the limitation on the
            amounts in a State water pollution control revolving fund that
            may be used by a State to administer the fund shall not apply to
            amounts included as principal in loans made by such fund in
            fiscal year 2023 and prior years where such amounts represent
            costs of administering the fund to the extent that such amounts
            are or were deemed reasonable by the Administrator, accounted
            for separately from other assets in the fund, and used for
            eligible purposes of the fund, including administration:
            Provided further, <<NOTE: Territories. District of
            Columbia.>> 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:

    [[Page 136 STAT. 4794]]

            (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, <<NOTE: Oklahoma. Determination.>> 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, <<NOTE: Territories.>> 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, <<NOTE: Determination.>> 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

    [[Page 136 STAT. 4795]]

            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, <<NOTE: Alaska.>> That of these

    [[Page 136 STAT. 4796]]

            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, <<NOTE: Allocations.>> That at least 10 percent shall
            be allocated for assistance in persistent poverty counties:
            Provided further, <<NOTE: Definition.>>  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, <<NOTE: Oklahoma. Determination. Alaska.>> 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

    [[Page 136 STAT. 4797]]

            the Interior), and Alaska Native Villages as defined in Public
            Law 92-203;
                (15) $7,000,000 shall be for grants under section 103(b)(3)
            of the Clean Air Act for wildfire smoke preparedness grants in
            accordance with the terms and conditions in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act):  Provided, That not more
            than 3 percent shall be for administrative costs to carry out
            such section;
                (16) $16,973,000 shall be for State and Tribal Assistance
            Grants to be allocated in the amounts specified for those
            projects and for the purposes delineated in the table titled
            ``Interior and Environment Incorporation of Community Project
            Funding Items/Congressionally Directed Spending Items'' included
            for this division in the explanatory statement described in
            section 4 (in the matter preceding division A of this
            consolidated Act) for remediation, construction, and related
            environmental management activities in accordance with the terms
            and conditions specified for such grants in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act);
                (17) $5,000,000 shall be for grants under section 1459F of
            the Safe Drinking Water Act (42 U.S.C. 300j-19g);
                (18) $4,000,000 shall be for carrying out section 2001 of
            the America's Water Infrastructure Act of 2018 (Public Law 115-
            270, 42 U.S.C. 300j-3c note):
            Provided, <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 4798]]

            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

         <<NOTE: Loans.>> 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 <<NOTE: Criteria.>> 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 <<NOTE: Certification. Compliance.>> 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, <<NOTE: Records.>> 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.

    [[Page 136 STAT. 4799]]

           Administrative Provisions--Environmental Protection Agency

                         (including transfers of funds)

         <<NOTE: Contracts. Native Americans.>> 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.

         <<NOTE: Fees.>> 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.

         <<NOTE: Fees.>> 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.

         <<NOTE: Fees.>> 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.
         <<NOTE: Grants.>> 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.

    [[Page 136 STAT. 4800]]

         <<NOTE: Grants.>> 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).
         <<NOTE: Contracts.>> For fiscal year 2023, the Office of Chemical
    Safety and Pollution Prevention and the Office of Water may, using funds
    appropriated under the headings ``Environmental Programs and
    Management'' and ``Science and Technology'', contract directly with
    individuals or indirectly with institutions or nonprofit organizations,
    without regard to 41 U.S.C. 5, for the temporary or intermittent
    personal services of students or recent graduates, who shall be
    considered employees for the purposes of chapters 57 and 81 of title 5,
    United States Code, relating to compensation for travel and work
    injuries, and chapter 171 of title 28, United States Code, relating to
    tort claims, but shall not be considered to be Federal employees for any
    other purpose:  Provided, That amounts used for this purpose by the
    Office of Chemical Safety and Pollution Prevention and the Office of
    Water collectively may not exceed $2,000,000.

                                    TITLE III

                                RELATED AGENCIES

                            DEPARTMENT OF AGRICULTURE

       office of the under secretary for natural resources and environment

        For necessary expenses of the Office of the Under Secretary for
    Natural Resources and Environment, $1,000,000:  Provided, That funds
    made available by this Act to any agency in the Natural Resources and
    Environment mission area for salaries and expenses are available to fund
    up to one administrative support staff for the office.

                                 Forest Service

                            forest service operations

                         (including transfers of funds)

        For necessary expenses of the Forest Service, not otherwise provided
    for, $1,152,744,000, to remain available through September 30, 2026:
    Provided, That a portion of the funds made available under this heading
    shall be for the base salary and expenses of employees in the Chief's
    Office, the Work Environment and Performance Office, the Business
    Operations Deputy Area, and the Chief Financial Officer's Office to
    carry out administrative and general management support functions:
    Provided further, That funds provided under this heading shall be
    available for the costs of facility maintenance, repairs, and leases for
    buildings and sites where these administrative, general management and
    other Forest Service support functions take place; the costs of all
    utility and

    [[Page 136 STAT. 4801]]

    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, <<NOTE: Applicability.>> 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, <<NOTE: Determination.>>  That $20,000,000 may be used by the
    Secretary of Agriculture to enter into procurement

    [[Page 136 STAT. 4802]]

    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, <<NOTE: Fees. Advance approval. 43 USC 1751 note.>> 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.

    [[Page 136 STAT. 4803]]

    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, <<NOTE: Reimbursements.>>  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

    [[Page 136 STAT. 4804]]

    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 <<NOTE: Notifications. Deadline.>> amounts may be transferred to
    the ``Wildland Fire Management'' accounts in the Department of the
    Interior or the Department of Agriculture only upon the notification of
    the House and Senate Committees on Appropriations that all wildfire
    suppression operations funds appropriated under that heading in this and
    prior appropriations Acts to the agency to which the funds will be
    transferred will be obligated within 30 days:  Provided further, That
    the transfer authority provided under this heading is in addition to any
    other transfer authority provided by law:  Provided further,
    That, <<NOTE: Determination. Deadline.>> 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.

    [[Page 136 STAT. 4805]]

                    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.
         <<NOTE: Notifications. Deadline.>> 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, <<NOTE: Notifications. Advance approvals.>> That none of the
    funds transferred pursuant to this paragraph shall be available

    [[Page 136 STAT. 4806]]

    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, <<NOTE: Contracts. Intergovern- mental relations.>>  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.

         <<NOTE: Contracts.>> 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 <<NOTE: Wild horses and burros.>>  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.

         <<NOTE: 16 USC 556i.>> 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.).

    [[Page 136 STAT. 4807]]

        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 <<NOTE: Contracts. Native Americans. State and local
    governments. Nonprofits.>>  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.

         <<NOTE: Rural and urban areas.>> 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

    [[Page 136 STAT. 4808]]

    as a result of OGC assistance or participation requested by the Forest
    Service at meetings, training sessions, management reviews, land
    purchase negotiations, and similar matters unrelated to civil
    litigation:  Provided, That future budget justifications for both the
    Forest Service and the Department of Agriculture should clearly display
    the sums previously transferred and the sums requested for transfer.
        An eligible individual who is employed in any project funded under
    title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.
        Funds appropriated to the Forest Service shall be available to pay,
    from a single account, the base salary and expenses of employees who
    carry out functions funded by other accounts for Enterprise Program,
    Geospatial Technology and Applications Center, remnant Natural Resource
    Manager, Job Corps, and National Technology and Development Program.

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                              Indian Health Service

                             indian health services

                         (including rescission of funds)

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination and Education Assistance Act,
    the Indian Health Care Improvement Act, and titles II and III of the
    Public Health Service Act with respect to the Indian Health Service,
    $4,919,670,000, to remain available until September 30, 2024, except as
    otherwise provided herein; and, in addition, $4,627,968,000, which shall
    become available on October 1, 2023, and remain available through
    September 30, 2025, except as otherwise provided herein; together with
    payments received during each fiscal year pursuant to sections 231(b)
    and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b),
    for services furnished by the Indian Health Service:  Provided, That
    funds made available to tribes and tribal organizations through
    contracts, grant agreements, or any other agreements or compacts
    authorized by the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
    the grant or contract award and thereafter shall remain available to the
    tribe or tribal organization without fiscal year limitation:  Provided
    further, That $2,500,000 shall be available for each of fiscal years
    2023 and 2024 for grants or contracts with public or private
    institutions to provide alcohol or drug treatment services to Indians,
    including alcohol detoxification services:  Provided further, That of
    the total amount of funds provided, $1,993,510,000 shall remain
    available until expended for Purchased/Referred Care, of which
    $996,755,000 shall be from funds that become available on October 1,
    2023:  Provided further, That of the total amount specified in the
    preceding proviso for Purchased/Referred Care, $108,000,000 shall be for
    the Indian Catastrophic Health Emergency Fund of which $54,000,000 shall
    be from funds that become available on October 1, 2023:  Provided
    further, That for each of fiscal years 2023 and 2024, up to $51,000,000
    shall

    [[Page 136 STAT. 4809]]

    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 <<NOTE: Allocations.>> 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, <<NOTE: Contracts. Grants. Time
    period. Records.>> 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 <<NOTE: Reports.>> 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

    [[Page 136 STAT. 4810]]

    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 <<NOTE: Consultation. Time period.>> 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, <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 4811]]

    until expended; and, in addition, $501,490,000, which shall become
    available on October 1, 2023, and remain available until expended:
    Provided, That notwithstanding any other provision of law, funds
    appropriated for the planning, design, construction, renovation, or
    expansion of health facilities for the benefit of an Indian tribe or
    tribes may be used to purchase land on which such facilities will be
    located:  Provided further, That not to exceed $500,000 may be used for
    each of fiscal years 2023 and 2024 by the Indian Health Service to
    purchase TRANSAM equipment from the Department of Defense for
    distribution to the Indian Health Service and tribal facilities:
    Provided further, That none of the funds provided that become available
    on October 1, 2023, may be used for Health Care Facilities Construction
    or for Sanitation Facilities Construction:  Provided further, That of
    the amount appropriated under this heading for fiscal year 2023 for
    Sanitation Facilities Construction, $15,192,000 shall be for projects
    specified for Sanitation Facilities Construction (CDS) in the table
    titled ``Interior and Environment Incorporation of Community Project
    Funding Items/Congressionally Directed Spending Items'' included for
    this division in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act):  Provided
    further, That none of the funds appropriated to the Indian Health
    Service may be used for sanitation facilities construction for new homes
    funded with grants by the housing programs of the United States
    Department of Housing and Urban Development.

                administrative provisions--indian health service

        Appropriations provided in this Act to the Indian Health Service
    shall be available for services as authorized by 5 U.S.C. 3109 at rates
    not to exceed the per diem rate equivalent to the maximum rate payable
    for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation, and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary of Health and Human Services; uniforms, or
    allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
    expenses of attendance at meetings that relate to the functions or
    activities of the Indian Health Service:  Provided, That in accordance
    with the provisions of the Indian Health Care Improvement Act, non-
    Indian patients may be extended health care at all tribally administered
    or Indian Health Service facilities, subject to charges, and the
    proceeds along with funds recovered under the Federal Medical Care
    Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
    the facility providing the service and shall be available without fiscal
    year limitation:  Provided further, That notwithstanding any other law
    or regulation, funds transferred from the Department of Housing and
    Urban Development to the Indian Health Service shall be administered
    under Public Law 86-121, the Indian Sanitation Facilities Act and Public
    Law 93-638:  Provided further, That funds appropriated to the Indian
    Health Service in this Act, except those used for administrative and
    program direction purposes, shall not be subject to limitations directed
    at curtailing Federal travel and transportation:  Provided
    further, <<NOTE: Assessments.>> That none of the funds made available to
    the Indian Health Service in this Act shall be used

    [[Page 136 STAT. 4812]]

    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, <<NOTE: Regulations. Budget request.>> 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 <<NOTE: Reimbursements.>> 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, <<NOTE: Reimbursements.>>  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, <<NOTE: Notifications.>> 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.

    [[Page 136 STAT. 4813]]

                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 <<NOTE: Studies. Evaluations.>> 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, <<NOTE: Appointment.>>  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, <<NOTE: Career positions.>>  That the Chemical Safety and
    Hazard Investigation Board (Board) shall have not more than three career
    Senior Executive Service positions:  Provided further <<NOTE: 5 USC 415
    note.>> , 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

    [[Page 136 STAT. 4814]]

    position of Inspector General of the Board:  Provided further, <<NOTE: 5
    USC 415 note.>>  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,

    [[Page 136 STAT. 4815]]

    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, <<NOTE: Advance
    payments.>> That funds appropriated herein are available for advance
    payments to independent contractors performing research services or
    participating in official Smithsonian presentations:  Provided
    further, <<NOTE: District of Columbia.>> 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, <<NOTE: District of Columbia.>> 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 <<NOTE: Contracts. Effective date. Time period. Reports.>> 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

    [[Page 136 STAT. 4816]]

    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, <<NOTE: Contracts.>>  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.

    [[Page 136 STAT. 4817]]

                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

    [[Page 136 STAT. 4818]]

    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, <<NOTE: Fees.>> 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, <<NOTE: Applicability. 20 USC 956a
    note.>> 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, <<NOTE: Determination. Time
    periods. 20 USC 956a note.>> 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.

    [[Page 136 STAT. 4819]]

                     United States Holocaust Memorial Museum

                            holocaust memorial museum

        For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $65,231,000, of which
    $1,000,000 shall remain available until September 30, 2025, for the
    Museum's equipment replacement program; and of which $4,000,000 for the
    Museum's repair and rehabilitation program and $1,264,000 for the
    Museum's outreach initiatives program shall remain available until
    expended.

                                 Presidio Trust

        The Presidio Trust is authorized to issue obligations to the
    Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
    Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
    an amount not to exceed $90,000,000:  Provided, <<NOTE: 16 USC 460bb
    note.>>  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,

    [[Page 136 STAT. 4820]]

    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. <<NOTE: Estimates. Approvals.>>  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) <<NOTE: Patents and trademarks.>>  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) <<NOTE: Determination. Claims.>> 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

    [[Page 136 STAT. 4821]]

    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. <<NOTE: Continuation.>>   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. <<NOTE: 16 USC 1604 note.>>  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, <<NOTE: Courts.>>  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

    [[Page 136 STAT. 4822]]

    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. <<NOTE: Approvals.>>   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) <<NOTE: Public information. Web
    posting. Determination.>>  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) <<NOTE: Time period.>>  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--

    [[Page 136 STAT. 4823]]

                (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) <<NOTE: Procedures.>> The Chairperson shall establish
            procedures to ensure that no funding provided through a grant,
            except a grant made to a State or local arts agency, or regional
            group, may be used to make a grant to any other organization or
            individual to conduct activity independent of the direct grant
            recipient. Nothing in this subsection shall prohibit payments
            made in exchange for goods and services.
                (3) No grant shall be used for seasonal support to a group,
            unless the application is specific to the contents of the
            season, including identified programs or projects.

               national endowment for the arts program priorities

        Sec. 413. (a) In providing services or awarding financial assistance
    under the National Foundation on the Arts and the Humanities Act of 1965
    from funds appropriated under this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that serve underserved populations.
        (b) <<NOTE: Definitions.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Reports.>>  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

    [[Page 136 STAT. 4824]]

                (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.  <<NOTE: Reports.>> 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. <<NOTE: Pornography.>>  (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. <<NOTE: Wild horses and burros.>> (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

    [[Page 136 STAT. 4825]]

                (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. <<NOTE: Applicability. 16 USC 580d note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Waiver request. Public information. Records. Time
    period.>> 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. <<NOTE: Web posting.>> 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) <<NOTE: Applicability.>> This section shall be applied in a
    manner consistent with United States obligations under international
    agreements.

    [[Page 136 STAT. 4826]]

        (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.  <<NOTE: Grants.>> 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. <<NOTE: Applicability. 16 USC 6809 note.>>  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. <<NOTE: Advance approvals.>>  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. <<NOTE: Applicability. 16 USC 565a-1 note.>>  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. <<NOTE: Applicability.>>  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

         <<NOTE: Applicability. 16 USC 565a-1 note.>> 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. <<NOTE: Applicability.>>   The authority provided by the
    19th unnumbered paragraph under heading ``Administrative Provisions,
    Forest

    [[Page 136 STAT. 4827]]

    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. <<NOTE: Applicability. 16 USC 528 note.>>   Section 339 of
    the Department of the Interior and Related Agencies Appropriations Act,
    2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as
    amended by section 335(6) of Public Law 108-108 and section 432 of
    Public Law 113-76, shall be applied by substituting ``fiscal year 2023''
    for ``fiscal year 2019''.

                                  chaco canyon

        Sec. 428.  None of the funds made available by this Act may be used
    to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
    seq., or to offer for oil and gas leasing, any Federal lands within the
    withdrawal area identified on the map of the Chaco Culture National
    Historical Park prepared by the Bureau of Land Management and dated
    April 2, 2019, prior to the completion of the cultural resources
    investigation identified in the explanatory statement described in
    section 4 in the matter preceding division A of the Consolidated
    Appropriations Act, 2021 (Public Law 116-260).

                                  tribal leases

        Sec. 429. <<NOTE: Effective date.>>  (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) <<NOTE: Consultation.>>  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. <<NOTE: Applicability.>>  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) <<NOTE: Deadlines. 54 USC 200303 note.>>  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

    [[Page 136 STAT. 4828]]

    (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) <<NOTE: Reallocation. Requirements.>> 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) <<NOTE: Notifications.>> 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

    [[Page 136 STAT. 4829]]

                    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) <<NOTE: Data sheets.>> 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) <<NOTE: Lists.>>  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

    [[Page 136 STAT. 4830]]

    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) <<NOTE: Reports.>> The Department of the Interior and the
    Department of Agriculture shall provide the Committees on Appropriations
    of the House of Representatives and Senate quarterly reports on the
    status of balances of projects and activities funded by the National
    Parks and Public Land Legacy Restoration Fund for amounts allocated
    pursuant to subsection (a)(1) of this section and the status of balances
    of projects and activities funded by the Land and Water Conservation
    Fund for amounts allocated pursuant to subsection (a)(2) of this
    section, including all uncommitted, committed, and unobligated funds,
    and, for amounts allocated pursuant to subsection (a)(1) of this
    section, National Parks and Public Land Legacy Restoration Fund amounts
    reallocated pursuant to subsection (c) of this section.

                       policies relating to biomass energy

        Sec. 432.  To support the key role that forests in the United States
    can play in addressing the energy needs of the United States, the
    Secretary of Energy, the Secretary of Agriculture, and the Administrator
    of the Environmental Protection Agency shall, consistent with their
    missions, jointly--
                (1) ensure that Federal policy relating to forest
            bioenergy--
                        (A) is consistent across all Federal departments and
                    agencies; and
                        (B) recognizes the full benefits of the use of
                    forest biomass for energy, conservation, and responsible
                    forest management; and
                (2) establish clear and simple policies for the use of
            forest biomass as an energy solution, including policies that--
                        (A) reflect the carbon neutrality of forest
                    bioenergy and recognize biomass as a renewable energy
                    source, provided the use of forest biomass for energy
                    production does not cause conversion of forests to non-
                    forest use;
                        (B) encourage private investment throughout the
                    forest biomass supply chain, including in--
                              (i) working forests;
                              (ii) harvesting operations;
                              (iii) forest improvement operations;
                              (iv) forest bioenergy production;
                              (v) wood products manufacturing; or
                              (vi) paper manufacturing;
                        (C) encourage forest management to improve forest
                    health; and
                        (D) recognize State initiatives to produce and use
                    forest biomass.

    [[Page 136 STAT. 4831]]

                            small remote incinerators

        Sec. 433. <<NOTE: Regulations. Alaska.>>  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. <<NOTE: Alaska.>>  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.

    [[Page 136 STAT. 4832]]

                               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) <<NOTE: 16 USC 579c-1.>> 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

    [[Page 136 STAT. 4833]]

    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. <<NOTE: Repeal.>>  (a) Section 613 of title VI of division
    J of Public Law 117-58 <<NOTE: 26 USC 9507 note.>> is repealed.

        (b) <<NOTE: 26 USC 9507 note.>>  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. <<NOTE: Applicability.>>   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''.

    [[Page 136 STAT. 4834]]

     DIVISION H-- <<NOTE: Departments of Labor, Health and Human Services,
            and Education, and Related Agencies Appropriations Act,
    2023.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
    AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

    TITLE <<NOTE: Department of Labor Appropriations Act, 2023.>> I

    DEPARTMENT OF <<NOTE: Time periods.>> LABOR

                     Employment and Training Administration

                        training and employment services

        For necessary expenses of the Workforce Innovation and Opportunity
    Act (referred to in this Act as ``WIOA'') and the National
    Apprenticeship Act, $4,140,911,000, plus reimbursements, shall be
    available. Of the amounts provided:
                (1) for grants to States for adult employment and training
            activities, youth activities, and dislocated worker employment
            and training activities, $2,929,332,000 as follows:
                        (A) $885,649,000 for adult employment and training
                    activities, of which $173,649,000 shall be available for
                    the period July 1, 2023 through June 30, 2024, and of
                    which $712,000,000 shall be available for the period
                    October 1, 2023 through June 30, 2024;
                        (B) $948,130,000 for youth activities, which shall
                    be available for the period April 1, 2023 through June
                    30, 2024; and
                        (C) $1,095,553,000 for dislocated worker employment
                    and training activities, of which $235,553,000 shall be
                    available for the period July 1, 2023 through June 30,
                    2024, and of which $860,000,000 shall be available for
                    the period October 1, 2023 through June 30, 2024:
              Provided, That the funds available for allotment to outlying
            areas to carry out subtitle B of title I of the WIOA shall not
            be subject to the requirements of section 127(b)(1)(B)(ii) of
            such Act:  Provided further, That notwithstanding the
            requirements of WIOA, outlying areas may submit a single
            application for a consolidated grant that awards funds that
            would otherwise be available to such areas to carry out the
            activities described in subtitle B of title I of the WIOA:
            Provided further, That such application shall be submitted to
            the Secretary of Labor (referred to in this title as
            ``Secretary''), at such time, in such manner, and containing
            such information as the Secretary may require:  Provided
            further, That outlying areas awarded a consolidated grant
            described in the preceding provisos may use the funds for any of
            the programs and activities authorized under such subtitle B of
            title I of the WIOA subject to approval of the application and
            such reporting requirements issued by the Secretary; and
                (2) for national programs, $1,211,579,000 as follows:
                        (A) $325,859,000 for the dislocated workers
                    assistance national reserve, of which $125,859,000 shall
                    be available for the period July 1, 2023 through
                    September 30, 2024, and of which $200,000,000 shall be
                    available for the period October 1, 2023 through
                    September 30, 2024:  Provided, That funds provided to
                    carry out section 132(a)(2)(A) of the WIOA may be used
                    to provide assistance to a State for statewide or local
                    use in order to address cases where

    [[Page 136 STAT. 4835]]

                    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, <<NOTE: Requirements.>>  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

    [[Page 136 STAT. 4836]]

                    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.

    [[Page 136 STAT. 4837]]

                                    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, <<NOTE: Termination date.>>  That any funds transferred
            pursuant to the preceding proviso shall not be available for
            obligation after June 30, 2023:  Provided
            further, <<NOTE: Notifications.>> 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

    [[Page 136 STAT. 4838]]

    beyond the current fiscal year pursuant to the authorities of section
    245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

         state unemployment insurance and employment service operations

                          (including transfer of funds)

        For authorized administrative expenses, $84,066,000, together with
    not to exceed $3,925,084,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which--
                (1) $3,134,635,000 from the Trust Fund is for grants to
            States for the administration of State unemployment insurance
            laws as authorized under title III of the Social Security Act
            (including not less than $375,000,000 to carry out reemployment
            services and eligibility assessments under section 306 of such
            Act, any claimants of regular compensation, as defined in such
            section, including those who are profiled as most likely to
            exhaust their benefits, may be eligible for such services and
            assessments:  Provided, That of such amount, $117,000,000 is
            specified for grants under section 306 of the Social Security
            Act and is provided to meet the terms of a concurrent resolution
            on the budget in the Senate and section 1(j)(2) of H. Res. 1151
            (117th Congress), as engrossed in the House of Representatives
            on June 8, 2022, and $258,000,000 is additional new budget
            authority specified for purposes of a concurrent resolution on
            the budget in the Senate and section 1(j) of such House
            resolution; and $9,000,000 for continued support of the
            Unemployment Insurance Integrity Center of Excellence), the
            administration of unemployment insurance for Federal employees
            and for ex-service members as authorized under 5 U.S.C. 8501-
            8523, and the administration of trade readjustment allowances,
            reemployment trade adjustment assistance, and alternative trade
            adjustment assistance under the Trade Act of 1974 and under
            section 231(a) of the Trade Adjustment Assistance Extension Act
            of 2011, sections 405(a) and 406 of the Trade Preferences
            Extension Act of 2015, and section 285(a) of the Trade Act of
            1974, as amended, and shall be available for obligation by the
            States through December 31, 2023, except that funds used for
            automation shall be available for Federal obligation through
            December 31, 2023, and for State obligation through September
            30, 2025, or, if the automation is being carried out through
            consortia of States, for State obligation through September 30,
            2029, and for expenditure through September 30, 2030, and funds
            for competitive grants awarded to States for improved operations
            and to conduct in-person reemployment and eligibility
            assessments and unemployment insurance improper payment reviews
            and provide reemployment services and referrals to training, as
            appropriate, shall be available for Federal obligation through
            December 31, 2023 (except that funds for outcome payments
            pursuant to section 306(f)(2) of the Social Security Act shall
            be available for Federal obligation through March 31, 2024), and
            for obligation by the States through September 30, 2025, and
            funds for the Unemployment Insurance Integrity Center of
            Excellence shall be available for obligation by the State
            through September

    [[Page 136 STAT. 4839]]

            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 <<NOTE: Payments.>> 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 <<NOTE: Payments.>> , 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, <<NOTE: Contracts. Grants.>>  That funds appropriated in this
    Act which are used to establish a national one-stop career

    [[Page 136 STAT. 4840]]

    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 <<NOTE: Grants.>> 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, <<NOTE: Reallotment.>>  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, <<NOTE: Fees.>>  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.

    [[Page 136 STAT. 4841]]

                    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 <<NOTE: Contracts.>> 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, <<NOTE: Approval. Notifications.>> 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.

    [[Page 136 STAT. 4842]]

                 Office of Federal Contract Compliance Programs

                              salaries and expenses

        For necessary expenses for the Office of Federal Contract Compliance
    Programs, $110,976,000.

                    Office of Workers' Compensation Programs

                              salaries and expenses

        For necessary expenses for the Office of Workers' Compensation
    Programs, $120,500,000, together with $2,205,000 which may be expended
    from the Special Fund in accordance with sections 39(c), 44(d), and
    44(j) of the Longshore and Harbor Workers' Compensation Act.

                                special benefits

                          (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses not otherwise authorized) accruing during the
    current or any prior fiscal year authorized by 5 U.S.C. 81; continuation
    of benefits as provided for under the heading ``Civilian War Benefits''
    in the Federal Security Agency Appropriation Act, 1947; the Employees'
    Compensation Commission Appropriation Act, 1944; section 5(f) of the War
    Claims Act (50 U.S.C. App. 2012); obligations incurred under the War
    Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
    additional compensation and benefits required by section 10(h) of the
    Longshore and Harbor Workers' Compensation Act, $250,000,000, together
    with such amounts as may be necessary to be charged to the subsequent
    year appropriation for the payment of compensation and other benefits
    for any period subsequent to August 15 of the current year, for deposit
    into and to assume the attributes of the Employees' Compensation Fund
    established under 5 U.S.C. 8147(a):
    Provided, <<NOTE: Reimbursement.>> 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 <<NOTE: Reimbursements.>> 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, <<NOTE: Determination.>> 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;

    [[Page 136 STAT. 4843]]

                (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)

         <<NOTE: 26 USC 9501 note.>> 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.

    [[Page 136 STAT. 4844]]

                  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 <<NOTE: Fees.>> 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, <<NOTE: Farms and farming.>> 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 <<NOTE: Small businesses.>> 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

    [[Page 136 STAT. 4845]]

                (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, <<NOTE: Deadline.>>  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, <<NOTE: 30 USC 966 note.>>  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, <<NOTE: 30 USC 962.>>  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, <<NOTE: 30 USC
    962.>>  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, <<NOTE: 30 USC 962.>> 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 <<NOTE: Approval. 30 USC
    962.>> 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,

    [[Page 136 STAT. 4846]]

    together with not to exceed $68,000,000 which may be expended from the
    Employment Security Administration account in the Unemployment Trust
    Fund.

                     Office of Disability Employment Policy

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses for the Office of Disability Employment
    Policy to provide leadership, develop policy and initiatives, and award
    grants furthering the objective of eliminating barriers to the training
    and employment of people with disabilities, $43,000,000, of which not
    less than $9,000,000 shall be for research and demonstration projects
    related to testing effective ways to promote greater labor force
    participation of people with disabilities:  Provided, That the Secretary
    may transfer amounts made available under this heading for research and
    demonstration projects to the ``State Unemployment Insurance and
    Employment Service Operations'' account for such purposes.

                             Departmental Management

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses for Departmental Management, including the
    hire of three passenger motor vehicles, $391,889,000, together with not
    to exceed $308,000, which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund:  Provided, That
    $81,725,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2023:  Provided
    further, <<NOTE: Contracts. Grants.>> 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 <<NOTE: Notifications.>>  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

    [[Page 136 STAT. 4847]]

    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, <<NOTE: Reallocation.>> 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, <<NOTE: Grants.>>  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

    [[Page 136 STAT. 4848]]

    incarceration who are at risk of homelessness:  Provided further, That
    notwithstanding <<NOTE: Data. Contracts.>> 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 <<NOTE: Fees.>> 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, <<NOTE: Notifications.>> That the Committees on Appropriations
    of the House of Representatives and the Senate are notified at least 15
    days in advance of any transfer.

    [[Page 136 STAT. 4849]]

        Sec. <<NOTE: Child labor.>> 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, <<NOTE: Grants. Contracts.>> That funds
    transferred under this subsection shall be available to the Secretary to
    carry out program integrity activities directly or through grants,
    cooperative agreements, contracts and other arrangements with States and
    other appropriate entities:

    [[Page 136 STAT. 4850]]

     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. <<NOTE: Evaluations.>>  (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, <<NOTE: Plan.>>  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. <<NOTE: Applicability.>>  (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

    [[Page 136 STAT. 4851]]

                        ``(v) making recommendations regarding litigation.

        ``(2) The exemption in this subsection shall not affect the
    exemption provided by section 13(a)(1).
        ``(3) <<NOTE: Definitions.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Assessment.>>  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.

    [[Page 136 STAT. 4852]]

        (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. <<NOTE: Determinations. Wages.>>  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. <<NOTE: Determination.>>  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. <<NOTE: Applicability.>> (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) <<NOTE: Guidelines.>>  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

    [[Page 136 STAT. 4853]]

    (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) <<NOTE: Coordination.>>  coordinate with local law
            enforcement agencies; and
                ``(5) <<NOTE: Investigations.>> 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) <<NOTE: Effective date.>>  This section shall be effective on
    the date of enactment of this Act.

        Sec. 114. <<NOTE: Real property.>>  The Secretary is authorized to
    dispose of or divest, by any means the Secretary determines appropriate,
    including an agreement or partnership to construct a new Job Corps
    center, all or a portion of the real property on which the Treasure
    Island Job Corps Center is situated. Any sale or other disposition, to
    include any associated construction project, will not be subject to any
    requirement of any Federal law or regulation relating to the disposition
    of Federal real property or relating to Federal procurement, including
    but not limited to subchapter III of chapter 5 of title 40 of the United
    States Code, subchapter V of chapter 119 of title 42 of the United
    States Code, and chapter 33 of division C of subtitle I of title 41 of
    the United States Code. The net proceeds of such a sale shall be
    transferred to the Secretary, which shall be available until expended to
    carry out the Job Corps Program on Treasure Island.

        Sec. 115.  None of the funds made available by this Act may be used
    to--
                (1) alter or terminate the Interagency Agreement between the
            United States Department of Labor and the United States
            Department of Agriculture; or
                (2) close any of the Civilian Conservation Centers, except
            if such closure is necessary to prevent the endangerment of the
            health and safety of the students, the capacity of the program
            is retained, and the requirements of section 159(j) of the WIOA
            are met.

                                  (rescission)

        Sec. 116. <<NOTE: Deadline.>>   Of the unobligated funds available
    under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
    1356(s)(2)), $142,000,000 are hereby permanently rescinded not later
    than September 30, 2023.

        This title may be cited as the ``Department of Labor Appropriations
    Act, 2023''.

    [[Page 136 STAT. 4854]]

    TITLE II <<NOTE: Department of Health and Human Services Appropriations
    Act, 2023.>>

                     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 <<NOTE: Waiver
    authority. 42 USC 294a note.>> 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 <<NOTE: Applicability.>>  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, <<NOTE: Fees.>>  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

    [[Page 136 STAT. 4855]]

    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, <<NOTE: Applicability. Definition.>> 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, <<NOTE: Termination. Contracts.>> 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 <<NOTE: Determination.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Time period.>> 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 <<NOTE: Matching
    funds.>> 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

    [[Page 136 STAT. 4856]]

    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.

    [[Page 136 STAT. 4857]]

                                 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 <<NOTE: Abortions. Lobbying.>>  provided to said projects under
    such title shall not be expended for abortions, that all pregnancy
    counseling shall be nondirective, and that such amounts shall not be
    expended for any activity (including the publication or distribution of
    literature) that in any way tends to promote public support or
    opposition to any legislative proposal or candidate for public office.

                    hrsa-wide activities and program support

        For carrying out title III of the Public Health Service Act and for
    cross-cutting activities and program support for activities funded in
    other appropriations included in this Act for the Health Resources and
    Services Administration, $1,735,769,000, of which $38,050,000 shall be
    for expenses necessary for the Office for the Advancement of Telehealth,
    including grants, contracts, and cooperative agreements for the
    advancement of telehealth activities:  Provided, That funds made
    available under this heading may be used to supplement program support
    funding provided under the headings ``Primary Health Care'', ``Health
    Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
    Program'', ``Health Systems'', and ``Rural Health'':  Provided further,
    That of the amount made available under this heading, $1,521,681,000
    shall be used for the projects financing the construction and renovation
    (including equipment) of health care and other facilities, and for the
    projects financing one-time grants that support health-related
    activities, including training and information technology, and in the
    amounts specified in the table titled ``Community Project Funding/
    Congressionally Directed Spending'' included for this division in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided further, That none of
    the funds made available for projects described in the preceding proviso
    shall be subject to section 241 of the PHS Act or section 205 of this
    Act.

                 vaccine injury compensation program trust fund

        For payments from the Vaccine Injury Compensation Program Trust Fund
    (the ``Trust Fund''), such sums as may be necessary for claims
    associated with vaccine-related injury or death with respect to vaccines
    administered after September 30, 1988, pursuant to subtitle 2 of title
    XXI of the PHS Act, to remain available until expended:  Provided, That
    for necessary administrative expenses, not to exceed $15,200,000 shall
    be available from the Trust Fund to the Secretary.

                      covered countermeasures process fund

        For carrying out section 319F-4 of the PHS Act, $7,000,000, to
    remain available until expended.

    [[Page 136 STAT. 4858]]

                   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.

    [[Page 136 STAT. 4859]]

                              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, <<NOTE: Notifications. Time period.>>  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, <<NOTE: Detailees. Notice. Deadline. Reports. Updates. Time
    period.>>  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

    [[Page 136 STAT. 4860]]

    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, <<NOTE: Contracts.>>  That funds
    appropriated

    [[Page 136 STAT. 4861]]

    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, <<NOTE: Detailees.>>  That
    employees of CDC or the Public Health Service, both civilian and
    commissioned officers, detailed to States, municipalities, or other
    organizations under authority of section 214 of the PHS Act, or in
    overseas assignments, shall be treated as non-Federal employees for
    reporting purposes only and shall not be included within any personnel
    ceiling applicable to the Agency, Service, or HHS during the period of
    detail or assignment:  Provided further, That CDC may use up to $10,000
    from amounts appropriated to CDC in this Act for official reception and
    representation expenses when specifically approved by the Director of
    CDC:  Provided further, That in addition, such sums as may be derived
    from authorized user fees, which shall be credited to the appropriation
    charged with the cost thereof:  Provided further, That with respect to
    the previous proviso, authorized user fees from the Vessel Sanitation
    Program and the Respirator Certification Program shall be available
    through September 30, 2024.

                          National Institutes of Health

                            national cancer institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to cancer, $7,104,159,000, of which up to $30,000,000 may be
    used for facilities repairs and improvements at the National Cancer
    Institute--Frederick Federally Funded Research and Development Center in
    Frederick, Maryland.

                    national heart, lung, and blood institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to cardiovascular, lung, and blood diseases, and blood and blood
    products, $3,982,345,000.

             national institute of dental and craniofacial research

        For carrying out section 301 and title IV of the PHS Act with
    respect to dental and craniofacial diseases, $520,163,000.

        national institute of diabetes and digestive and kidney diseases

        For carrying out section 301 and title IV of the PHS Act with
    respect to diabetes and digestive and kidney disease, $2,300,721,000.

             national institute of neurological disorders and stroke

        For carrying out section 301 and title IV of the PHS Act with
    respect to neurological disorders and stroke, $2,588,925,000.

              national institute of allergy and infectious diseases

        For carrying out section 301 and title IV of the PHS Act with
    respect to allergy and infectious diseases, $6,562,279,000.

    [[Page 136 STAT. 4862]]

                 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.

    [[Page 136 STAT. 4863]]

                       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, <<NOTE: Contracts.>>  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.

    [[Page 136 STAT. 4864]]

                             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, <<NOTE: Time
    period. Advance approvals.>>  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, <<NOTE: Consultation. Audit plan. Time periods. Deadline.>>
    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, <<NOTE: Grants.>>  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,

    [[Page 136 STAT. 4865]]

    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, <<NOTE: Determination.>>  That upon a determination by
    the Director that funds transferred pursuant to the previous proviso are
    not necessary for the purposes provided, such amounts may be transferred
    back to the Account:  Provided further, That the transfer authority
    provided under this heading is in addition to any other transfer
    authority provided by law.

            Substance Abuse and Mental Health Services Administration

                                  mental health

        For carrying out titles III, V, and XIX of the PHS Act with respect
    to mental health, the Protection and Advocacy for Individuals with
    Mental Illness Act, and the SUPPORT for Patients and Communities Act,
    $2,693,507,000:  Provided, That of the funds made available under this
    heading, $93,887,000 shall be for the National Child Traumatic Stress
    Initiative:  Provided further, That notwithstanding section 520A(f)(2)
    of the PHS Act, no funds appropriated for carrying out section 520A
    shall be available for carrying out section 1971 of the PHS Act:
    Provided further, That in addition to amounts provided herein,
    $21,039,000 shall be available under section 241 of the PHS Act to carry
    out subpart I of part B of title XIX of the PHS Act to fund section
    1920(b) technical assistance, national data, data collection and
    evaluation activities, and further that the total available under this
    Act for section 1920(b) activities shall not exceed 5 percent of the
    amounts appropriated for subpart I of part B of title XIX:  Provided
    further, That of the funds made available under this heading for subpart
    I of part B of title XIX of the PHS Act, at least 5 percent shall be
    available to support evidence-based crisis systems:  Provided
    further, <<NOTE: Grants. Contracts.>>  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

    [[Page 136 STAT. 4866]]

    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 <<NOTE: State and local
    governments. Opioids.>>  15 percent of the remaining amount shall be for
    the States with the highest mortality rate related to opioid use
    disorders:  Provided further, <<NOTE: Allocations. State and local
    governments.>>  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, <<NOTE: Allocations. State and local
    governments. Territories. District of
    Columbia. Determination. Deadline.>>  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.

    Deadline.

    [[Page 136 STAT. 4867]]

                           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:
    <<NOTE: Fees.>>  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.

    [[Page 136 STAT. 4868]]

                    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, <<NOTE: Fees.>>  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

    [[Page 136 STAT. 4869]]

    made available under this heading, $397,334,000 shall remain available
    until September 30, 2024, and shall be available for the Survey and
    Certification Program:  Provided further, That amounts available under
    this heading to support quality improvement organizations (as defined in
    section 1152 of the Social Security Act) shall not exceed the amount
    specifically provided for such purpose under this heading in division H
    of the Consolidated Appropriations Act, 2018 (Public Law 115-141).

                   health care fraud and abuse control account

        In addition to amounts otherwise available for program integrity and
    program management, $893,000,000, to remain available through September
    30, 2024, to be transferred from the Federal Hospital Insurance Trust
    Fund and the Federal Supplementary Medical Insurance Trust Fund, as
    authorized by section 201(g) of the Social Security Act, of which
    $665,648,000 shall be for the Centers for Medicare & Medicaid Services
    program integrity activities, of which $105,145,000 shall be for the
    Department of Health and Human Services Office of Inspector General to
    carry out fraud and abuse activities authorized by section 1817(k)(3) of
    such Act, and of which $122,207,000 shall be for the Department of
    Justice to carry out fraud and abuse activities authorized by section
    1817(k)(3) of such Act:  Provided, That the report required by section
    1817(k)(5) of the Social Security Act for fiscal year 2023 shall include
    measures of the operational efficiency and impact on fraud, waste, and
    abuse in the Medicare, Medicaid, and CHIP programs for the funds
    provided by this appropriation:  Provided further, That of the amount
    provided under this heading, $317,000,000 is provided to meet the terms
    of a concurrent resolution on the budget in the Senate, and $576,000,000
    is additional new budget authority specified for purposes of a
    concurrent resolution on the budget in the Senate and section 1(h) of H.
    Res. 1151 (117th Congress), as engrossed in the House of Representatives
    on June 8, 2022 for additional health care fraud and abuse control
    activities:  Provided further, That the Secretary shall provide not less
    than $35,000,000 from amounts made available under this heading and
    amounts made available for fiscal year 2023 under section 1817(k)(3)(A)
    of the Social Security Act for the Senior Medicare Patrol program to
    combat health care fraud and abuse.

                    Administration for Children and Families

      payments to states for child support enforcement and family support
                                    programs

        For carrying out, except as otherwise provided, titles I, IV-D, X,
    XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
    $2,883,000,000, to remain available until expended; and for such
    purposes for the first quarter of fiscal year 2024, $1,300,000,000, to
    remain available until expended.
        For carrying out, after May 31 of the current fiscal year, except as
    otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
    Security Act and the Act of July 5, 1960, for the last 3 months of the
    current fiscal year for unanticipated costs, incurred for the current
    fiscal year, such sums as may be necessary.

    [[Page 136 STAT. 4870]]

                        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, <<NOTE: Applicability. State and
    local governments. Territories. Allocations.>>  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, <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 4871]]

    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, <<NOTE: Contracts.>>  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,

    [[Page 136 STAT. 4872]]

    2023:  Provided, That $11,996,820,000 shall be for making payments under
    the Head Start Act, including for Early Head Start-Child Care
    Partnerships, and, of which, notwithstanding section 640 of such Act:
                (1) $596,000,000 shall be available for a cost of living
            adjustment, and with respect to any continuing appropriations
            act, funding available for a cost of living adjustment shall not
            be construed as an authority or condition under this Act;
                (2) $25,000,000 shall be available for allocation by the
            Secretary to supplement activities described in paragraphs
            (7)(B) and (9) of section 641(c) of the Head Start Act under the
            Designation Renewal System, established under the authority of
            sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and
            such funds shall not be included in the calculation of ``base
            grant'' in subsequent fiscal years, as such term is used in
            section 640(a)(7)(A) of such Act;
                (3) $262,000,000 shall be available for quality improvement
            consistent with section 640(a)(5) of such Act except that any
            amount of the funds may be used on any of the activities in such
            section, of which not less than $13,000,000 shall be available
            to migrant and seasonal Head Start programs for such activities,
            in addition to funds made available for migrant and seasonal
            Head Start programs under any other provision of section 640(a)
            of such Act;
                (4) $100,000,000, in addition to funds otherwise available
            for such purposes under section 640 of the Head Start Act, shall
            be available through September 30, 2024, for awards to eligible
            entities for Head Start and Early Head Start programs and to
            entities defined as eligible under section 645A(d) of such Act
            for high quality infant and toddler care through Early Head
            Start-Child Care Partnerships, and for training and technical
            assistance for such activities:  Provided, That of the funds
            made available in this paragraph, up to $21,000,000 shall be
            available to the Secretary for the administrative costs of
            carrying out this paragraph;
                (5) $8,000,000 shall be available for the Tribal Colleges
            and Universities Head Start Partnership Program consistent with
            section 648(g) of such Act; and
                (6) $21,000,000 shall be available to supplement funding
            otherwise available for research, evaluation, and Federal
            administrative costs:

      Provided further, That the Secretary may reduce the reservation of
    funds under section 640(a)(2)(C) of such Act in lieu of reducing the
    reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
    640(a)(2)(E) of such Act:  Provided further, That $315,000,000 shall be
    available until December 31, 2023 for carrying out sections 9212 and
    9213 of the Every Student Succeeds Act:  Provided further, That up to 3
    percent of the funds in the preceding proviso shall be available for
    technical assistance and evaluation related to grants awarded under such
    section 9212:  Provided further, That $804,383,000 shall be for making
    payments under the CSBG Act:  Provided further, <<NOTE: State and local
    governments. Applicability.>>  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

    [[Page 136 STAT. 4873]]

    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, <<NOTE: Procedures. Time period. 42 USC 9921 note.>>  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, <<NOTE: 42 USC 9921 note.>>  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, <<NOTE: Applicability. 42 USC 9921 note.>>  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

    [[Page 136 STAT. 4874]]

    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, <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 4875]]

    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, <<NOTE: Notice. Deadline.>>  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

    [[Page 136 STAT. 4876]]

    vehicles, and for carrying out titles III, XVII, XXI, and section 229 of
    the PHS Act, the United States-Mexico Border Health Commission Act, and
    research studies under section 1110 of the Social Security Act,
    $537,144,000, together with $64,828,000 from the amounts available under
    section 241 of the PHS Act to carry out national health or human
    services research and evaluation activities:  Provided, That of this
    amount, $60,000,000 shall be for minority AIDS prevention and treatment
    activities:  Provided further, That of the funds made available under
    this heading, $101,000,000 shall be for making competitive contracts and
    grants to public and private entities to fund medically accurate and age
    appropriate programs that reduce teen pregnancy and for the Federal
    costs associated with administering and evaluating such contracts and
    grants, of which not more than 10 percent of the available funds shall
    be for training and technical assistance, evaluation, outreach, and
    additional program support activities, and of the remaining amount 75
    percent shall be for replicating programs that have been proven
    effective through rigorous evaluation to reduce teenage pregnancy,
    behavioral risk factors underlying teenage pregnancy, or other
    associated risk factors, and 25 percent shall be available for research
    and demonstration grants to develop, replicate, refine, and test
    additional models and innovative strategies for preventing teenage
    pregnancy:  Provided further, That of the amounts provided under this
    heading from amounts available under section 241 of the PHS Act,
    $6,800,000 shall be available to carry out evaluations (including
    longitudinal evaluations) of teenage pregnancy prevention approaches:
    Provided further, That of the funds made available under this heading,
    $35,000,000 shall be for making competitive grants which exclusively
    implement education in sexual risk avoidance (defined as voluntarily
    refraining from non-marital sexual activity):  Provided
    further, <<NOTE: Sexual risk avoidance.>>  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, <<NOTE: Embryo adoption.>>  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)).

    [[Page 136 STAT. 4877]]

                          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

    [[Page 136 STAT. 4878]]

    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, <<NOTE: President. Appointment. 42 USC 241 note.>>  That the
    President shall appoint in the Department of Health and Human Services a
    director of advanced research projects for health (Director):  Provided
    further, <<NOTE: 42 USC 241 note.>>  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, <<NOTE: Determination. 42 USC
    241 note.>>  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, <<NOTE: Grants. Contracts. Cash prizes. 42 USC 241 note.>>
    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, <<NOTE: 42 USC
    241 note.>>  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:  <<NOTE: Deadline. 42 USC 241
    note.>>  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, <<NOTE: Notifications. Time period. 42 USC 241
    note.>>  That the Committees on Appropriations of the House of
    Representatives and the Senate

    [[Page 136 STAT. 4879]]

    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. <<NOTE: Reports.>>   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. <<NOTE: Determination. Evaluation.>>   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, <<NOTE: Notifications. Time period.>>  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. <<NOTE: Time period. Contracts.>>   In lieu of the
    timeframe specified in section 338E(c)(2) of the PHS Act, terminations
    described in such section may occur up to 60 days after the effective
    date of a contract awarded in fiscal year 2023 under section 338B of
    such Act, or at any time if the individual who has been awarded such
    contract has not received funds due under the contract.

        Sec. 207. <<NOTE: Certification. Children and youth. Family
    planning.>>   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. <<NOTE: Child abuse.>>   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.

    [[Page 136 STAT. 4880]]

        Sec. 209. <<NOTE: Abortions.>>   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. <<NOTE: Gun control.>>   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. <<NOTE: Government employees. Children and youth. AIDS.>>
     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. <<NOTE: Consultation.>>  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) <<NOTE: Reimbursement.>>  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. <<NOTE: Cooperation. Compliance.>>  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 <<NOTE: Grants. Contracts. Nonprofits. HIV/AIDS.>>
            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.

    [[Page 136 STAT. 4881]]

            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, <<NOTE: Notifications. Time period.>>  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. <<NOTE: Determination.>>   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) <<NOTE: Procedures. Assessments.>>  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. <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 4882]]

    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. <<NOTE: Contracts.>>  (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) <<NOTE: Determination.>>  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) <<NOTE: Publication. Web posting.>>  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) <<NOTE: Statement.>>  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

    [[Page 136 STAT. 4883]]

                (3) work on contracts for which FTE reporting is not a
            requirement of their contract, such as fixed-price contracts.

        Sec. 220. <<NOTE: Publication.>>  The Secretary shall publish, as
    part of the fiscal year 2024 budget of the President submitted under
    section 1105(a) of title 31, United States Code, information that
    details the uses of all funds used by the Centers for Medicare &
    Medicaid Services specifically for Health Insurance Exchanges for each
    fiscal year since the enactment of the ACA and the proposed uses for
    such funds for fiscal year 2024. Such information shall include, for
    each such fiscal year, the amount of funds used for each activity
    specified under the heading ``Health Insurance Exchange Transparency''
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

        Sec. 221.  None of the funds made available by this Act from the
    Federal Hospital Insurance Trust Fund or the Federal Supplemental
    Medical Insurance Trust Fund, or transferred from other accounts funded
    by this Act to the ``Centers for Medicare & Medicaid Services--Program
    Management'' account, may be used for payments under section 1342(b)(1)
    of Public Law 111-148 (relating to risk corridors).

                               (transfer of funds)

        Sec. 222. (a) <<NOTE: Deadline.>>  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. <<NOTE: Effective date. Time period.>>  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. <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 4884]]

    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. <<NOTE: Opioids. Time period. Notifications.>>  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. <<NOTE: Notifications. Grants.>>  (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) <<NOTE: Time period.>>  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. <<NOTE: Reports.>>  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. <<NOTE: Definition.>>  For purposes of this
    section, the term ``U.S. territory'' means Guam, the Commonwealth of
    Puerto Rico, the Northern

    [[Page 136 STAT. 4885]]

    Mariana Islands, the Virgin Islands, American Samoa, or the Trust
    Territory of the Pacific Islands.

        Sec. 230. <<NOTE: Donations. Alien children.>>  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. <<NOTE: Alien children. Determination. Time
    periods. Grants. Contracts.>>  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) <<NOTE: Requirements. Compliance.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Waiver authority. Certification. Reports.>>  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) <<NOTE: Deadline. Briefing.>>  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

    [[Page 136 STAT. 4886]]

            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.  <<NOTE: Notification. Time periods. Analysis. Alien
    children. 6 USC 279 note.>>  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. <<NOTE: Reports.>>  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. <<NOTE: Congress. Alien children. Time period.>>   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. <<NOTE: Public information. Web posting. Reports. Alien
    children. 6 USC 279 note.>>  Not later than 14 days after the date of
    enactment of this Act, and monthly thereafter, the Secretary shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate, and make publicly available online, a
    report with respect to children who were separated from their parents or
    legal guardians by the Department of Homeland Security (DHS) (regardless
    of whether or not such separation was pursuant to an option selected by
    the children, parents, or guardians), subsequently classified as
    unaccompanied alien children, and transferred to the care and custody of
    ORR during the previous month. Each report shall contain the following
    information:
                (1) the number and ages of children so separated subsequent
            to apprehension at or between ports of entry, to be reported by
            sector where separation occurred; and
                (2) the documented cause of separation, as reported by DHS
            when each child was referred.

        Sec. 235.  Funds appropriated in this Act that are available for
    salaries and expenses of employees of the Centers for Disease Control
    and Prevention shall also be available for the primary and secondary
    schooling of eligible dependents of personnel stationed in a U.S.
    territory as defined in section 229 of this Act at costs not in excess
    of those paid for or reimbursed by the Department of Defense.

    [[Page 136 STAT. 4887]]

                                  (rescission)

        Sec. 236. <<NOTE: Deadline.>>  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.  <<NOTE: Waiver authority.>>  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 <<NOTE: Department of Education Appropriations Act, 2023.>>

                             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

    [[Page 136 STAT. 4888]]

    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

    [[Page 136 STAT. 4889]]

    $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 <<NOTE: Applicability.>> 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 <<NOTE: Time period.>>  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).

    [[Page 136 STAT. 4890]]

    Special Education <<NOTE: State and local governments.>>

        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, <<NOTE: Allocations.>> That the States shall allocate such
    funds distributed under the second proviso to local educational agencies
    in accordance with section 611(f):  Provided
    further, <<NOTE: Reduction. 20 USC 1411 note.>> 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, <<NOTE: Applicability. Time period.>> 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, <<NOTE: 20 USC 1411 note.>>  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, <<NOTE: 20 USC 1411 note.>>  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

    [[Page 136 STAT. 4891]]

    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 <<NOTE: Evaluation.>>  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 <<NOTE: Grants.>> 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, <<NOTE: Grants.>> 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, <<NOTE: Grants.>> 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 <<NOTE: Grants.>> 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, <<NOTE: Evaluation.>> That up to 15 percent of the amounts

    [[Page 136 STAT. 4892]]

    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, <<NOTE: State and local
    governments. Grants.>>  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.

    [[Page 136 STAT. 4893]]

                          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.
         <<NOTE: 20 USC 1070a note.>> 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, <<NOTE: Allocations.>>  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, <<NOTE: 20 USC 1087f note.>>  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, <<NOTE: Reallocation.>> 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, <<NOTE: Evaluations. Contracts.>> 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 <<NOTE: Time period. Briefings.>> the Secretary
    shall provide

    [[Page 136 STAT. 4894]]

    quarterly briefings to the Committees on Appropriations and Education
    and Labor of the House of Representatives and the Committees on
    Appropriations and Health, Education, Labor, and Pensions of the Senate
    on general progress related to solicitations for Federal student loan
    servicing contracts:  Provided further, <<NOTE: Publication. Data.>>
    That FSA shall strengthen transparency through expanded publication of
    aggregate data on student loan and servicer performance:  Provided
    further, That not <<NOTE: Deadline. Spend plan. Time period. Updates.>>
    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 <<NOTE: Extension authority. Contracts. Time
    period.>> 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, <<NOTE: Evaluation.>>  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, <<NOTE: Evaluation.>> 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

    [[Page 136 STAT. 4895]]

    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 <<NOTE: Data.>> 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.

    [[Page 136 STAT. 4896]]

                             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.  <<NOTE: Voluntary prayer. Meditation.>>  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, <<NOTE: Notifications. Time period.>>  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.  <<NOTE: Time period.>>  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. <<NOTE: Scholarships.>>  (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

    [[Page 136 STAT. 4897]]

    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) <<NOTE: Effective date.>>  Subsection (a) shall be in effect
    until titles III and V of the HEA are reauthorized.

        Sec. 305.  <<NOTE: Applicability. 20 USC 1011c note.>>  Section
    114(f) of the HEA (20 U.S.C. 1011c(f)) shall be applied by substituting
    ``2023'' for ``2021''.

        Sec. 306.  <<NOTE: Applicability. 20 USC 1087h note.>>  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.  <<NOTE: Loan cancellation.>>  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, <<NOTE: Website.>>  That the Secretary shall also communicate
    to all Direct Loan borrowers the full requirements of section 455(m) of
    such Act and improve the filing of employment certification by providing
    improved outreach and information such as outbound calls, electronic
    communications, ensuring prominent access to program requirements and
    benefits on each servicer's website, and creating an option for all
    borrowers to complete the entire payment certification process
    electronically and on a centralized website.

        Sec. 310.  <<NOTE: Evaluations. Analysis. Data.>>  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,

    [[Page 136 STAT. 4898]]

    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, <<NOTE: Deadline. Plan.>>  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, <<NOTE: Notifications. Time
    period.>>  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.  <<NOTE: 20 USC 1652.>>  The Education Amendments Act of
    1972 is amended by striking section 802.

    [[Page 136 STAT. 4899]]

                                  (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, <<NOTE: Contracts. Nonprofits.>>  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

    [[Page 136 STAT. 4900]]

    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, <<NOTE: Determination.>>  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, <<NOTE: Determination. Notice.>>  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.  <<NOTE: Notice. Public comment.>>  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.  <<NOTE: Requirements. Time period. 42 USC 12571 note.>>
    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

    [[Page 136 STAT. 4901]]

    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.  <<NOTE: Donations.>>  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.  <<NOTE: Time period.>>  Notwithstanding sections 139(b),
    146 and 147 of the 1990 Act, an individual who successfully completes a
    term of service of not less than 1,200 hours during a period of not more
    than one year may receive a national service education award having a
    value of 70 percent of the value of a national service education award
    determined under section 147(a) of the Act.

        Sec. 407.  <<NOTE: Applicability.>>  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, <<NOTE: Discrimination.>>  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, <<NOTE: Political test.>>  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

    [[Page 136 STAT. 4902]]

    technologies and services that create infrastructure and efficiencies
    within the public media system, $60,000,000.

                   Federal Mediation and Conciliation Service

                              salaries and expenses

         <<NOTE: Fees.>> 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.

    [[Page 136 STAT. 4903]]

                         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.  <<NOTE: Electronic voting.>>  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;

    [[Page 136 STAT. 4904]]

    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, <<NOTE: Payment schedule.>>  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-

    [[Page 136 STAT. 4905]]

    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.
         <<NOTE: Effective date.>> For making, after June 15 of the current
    fiscal year, benefit payments to individuals under title XVI of the
    Social Security Act, for unanticipated costs incurred for the current
    fiscal year, such sums as may be necessary.

        For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2024, $15,800,000,000, to
    remain available until expended.

                      limitation on administrative expenses

                          (including transfer of funds)

        For necessary expenses, including the hire and purchase of two
    passenger motor vehicles, and not to exceed $20,000 for official
    reception and representation expenses, not more than $13,985,978,000 may
    be expended, as authorized by section 201(g)(1) of the Social Security
    Act, from any one or all of the trust funds referred to in such section:
     Provided, That not less than $2,700,000 shall be for the Social
    Security Advisory Board:  Provided further, That $55,000,000 shall
    remain available through September 30, 2024, for activities to address
    the disability hearings backlog within the Office of Hearings
    Operations:  Provided further, That unobligated balances of funds
    provided under this paragraph at the end of fiscal year 2023 not needed
    for fiscal year 2023 shall remain available until expended to invest in
    the Social Security Administration information technology and
    telecommunications hardware and software infrastructure, including
    related equipment and non-payroll administrative expenses associated
    solely with this information technology and telecommunications
    infrastructure:  Provided further, That <<NOTE: Notification.>> 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, <<NOTE: Reimbursement.>>  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 <<NOTE: Reviews. Determination.>> 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

    [[Page 136 STAT. 4906]]

    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 <<NOTE: Reports. Time
    periods.>>  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, <<NOTE: Notice. Time period.>>
    That notice

    [[Page 136 STAT. 4907]]

    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. <<NOTE: Propaganda. Lobbying.>>  (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) <<NOTE: Gun control.>>  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

    [[Page 136 STAT. 4908]]

    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. <<NOTE: Abortions.>>  (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) <<NOTE: Definition.>>  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. <<NOTE: Abortions.>>  (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) <<NOTE: Discrimination.>>  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) <<NOTE: Definition.>> In this subsection, the term ``health care
    entity'' includes an individual physician or other health care
    professional, a hospital,

    [[Page 136 STAT. 4909]]

    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. <<NOTE: Human embryos.>>  (a) None of the funds made
    available in this Act may be used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses in
            utero under 45 CFR 46.204(b) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).

        (b) <<NOTE: Definition.>>  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. <<NOTE: Drugs and drug abuse.>>  (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. <<NOTE: Health and health care.>>   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.  <<NOTE: Contracts. Reports.>>  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.  <<NOTE: Certifications.>>  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.

    [[Page 136 STAT. 4910]]

        Sec. 514. <<NOTE: Consultations. Time periods. Notifications.>>  (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. <<NOTE: Political disclosure.>>  (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.  <<NOTE: Deadline. Operating plan.>>  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

    [[Page 136 STAT. 4911]]

    in section 4 (in the matter preceding division A of this consolidated
    Act) or the fiscal year 2023 budget request.

        Sec. 517.  <<NOTE: Reports. Contracts. Grants.>>  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.  <<NOTE: Mexico.>>  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. <<NOTE: Pornography.>>  (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

    [[Page 136 STAT. 4912]]

    made available to the agency for advertising or other communications
    regarding the programs and activities of the agency.
        Sec. 523. <<NOTE: Applicability.>>  (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) <<NOTE: Time period.>> 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.  <<NOTE: Effective date. Reports. 31 USC 1502 note.>>  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.  <<NOTE: Lists. Grants. Deadline. Time period.>>  The
    Departments of Labor, Health and Human Services, and Education shall
    provide to the Committees on Appropriations of the House of
    Representatives and the Senate a comprehensive list of any new or
    competitive grant award notifications, including supplements, issued at
    the discretion of such Departments not less than 3 full business days
    before any entity selected to receive a grant award is announced by the
    Department or its offices (other than emergency response grants at any
    time of the year or for grant awards made during the last 10 business
    days of the fiscal year, or if applicable, of the program year).

        Sec. 526.  <<NOTE: Needles. Syringes. Drugs and drug abuse.>>
    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, <<NOTE: Determination. HIV.>> 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.

    [[Page 136 STAT. 4913]]

        Sec. 527.  <<NOTE: Deadline.>>  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. <<NOTE: Applicability. Contracts.>>  (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) <<NOTE: Time period. Reimbursement.>>  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-- <<NOTE: Legislative Branch Appropriations Act,
    2023.>> LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2023

    TITLE <<NOTE: 2 USC 60a note.>> 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.

    [[Page 136 STAT. 4914]]

                        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.

    [[Page 136 STAT. 4915]]

                  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.

    [[Page 136 STAT. 4916]]

                  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).

    [[Page 136 STAT. 4917]]

        mccain-mansfield and sfc sean cooley and spc christopher horton
               congressional gold star family fellowships programs

        Sec. 102. <<NOTE: 2 USC 6519.>>  (a) Definitions.--In this section--
                (1) the term ``appropriate committees of the Senate'' means
            the Committee on Appropriations and the Committee on Rules and
            Administration of the Senate;
                (2) the term ``Fellowships Programs'' means the SFC Sean
            Cooley and SPC Christopher Horton Congressional Gold Star Family
            Fellowship Program (commonly referred to as the ``Green and Gold
            Congressional Aide Program'') established under Senate
            Resolution 442 (117th Congress), agreed to November 4, 2021, and
            the McCain-Mansfield Fellowship Program established under Senate
            Resolution 443 (117th Congress), agreed to November 4, 2021, or
            any successor program to such programs;
                (3) the term ``Fund'' means the Sergeant at Arms Fellowships
            Fund established under subsection (b); and
                (4) the term ``Sergeant at Arms'' means the Sergeant at Arms
            and Doorkeeper of the Senate.

        (b) Establishment.--There is established under the heading
    ``Contingent Expenses of the Senate'' an account to be known as the
    ``sergeant at arms fellowships fund''.
        (c) Use of Amounts.--
                (1) In general.--Amounts in the Fund shall be available to
            the Sergeant at Arms for the costs of compensation of fellows
            under the Fellowships Programs and the administration of the
            Fellowships Programs, except as provided in paragraph (2).
                (2) Agency contributions.--Agency contributions for the
            Fellowships Programs shall be paid from the appropriations
            account for ``Salaries, Officers and Employees'' of the Senate.

        (d) Oversight.--The Sergeant at Arms shall provide to the
    appropriate committees of the Senate--
                (1) <<NOTE: Plan.>> 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) <<NOTE: Reports.>> 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'';

    [[Page 136 STAT. 4918]]

                (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) <<NOTE: Definition.>>  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) <<NOTE: 2 USC 6154 note.>> 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 <<NOTE: Time period.>> , 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

    [[Page 136 STAT. 4919]]

    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,

    [[Page 136 STAT. 4920]]

    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, <<NOTE: Definition.>>  That as used in the preceding proviso,

    [[Page 136 STAT. 4921]]

    the term ``Members of the House of Representatives'' shall include a
    Delegate or Resident Commissioner to the Congress.

                             Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $430,785,200, including: supplies, materials, administrative costs
    and Federal tort claims, $1,555,000; official mail for committees,
    leadership offices, and administrative offices of the House, $190,000;
    Government contributions for health, retirement, Social Security,
    contractor support for actuarial projections, and other applicable
    employee benefits, $387,368,200, to remain available until March 31,
    2024, except that $37,000,000 of such amount shall remain available
    until expended; salaries and expenses for Business Continuity and
    Disaster Recovery, $22,841,000, of which $6,776,000 shall remain
    available until expended; transition activities for new members and
    staff, $5,895,000, to remain available until expended; Green and Gold
    Congressional Aide Program, $9,674,000, to remain available until
    expended; Office of Congressional Ethics, $1,762,000; and miscellaneous
    items including purchase, exchange, maintenance, repair and operation of
    House motor vehicles, interparliamentary receptions, and gratuities to
    heirs of deceased employees of the House, $1,500,000.

           House of Representatives Modernization Initiatives Account

        For the House of Representatives Modernization Initiatives Account
    established under section 115 of the Legislative Branch Appropriations
    Act, 2021 (2 U.S.C. 5513), $10,000,000, to remain available until
    expended:  Provided, <<NOTE: Approval.>>  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) <<NOTE: Regulations.>> The Committee on House Administration of
    the House of Representatives shall have authority to prescribe
    regulations to carry out this section.

        (c) <<NOTE: Definition.>> 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.

    [[Page 136 STAT. 4922]]

                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. <<NOTE: 2 USC 5549.>>  (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.

    [[Page 136 STAT. 4923]]

     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) <<NOTE: Reimbursement.>> 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) <<NOTE: 2 USC 4536 note.>> 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) <<NOTE: Applicability. 2 USC 5545 note.>>  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

    [[Page 136 STAT. 4924]]

    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) <<NOTE: Applicability. 2 USC 2062 note.>> 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) <<NOTE: Regulations.>> 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) <<NOTE: Applicability. 40 USC 590 note.>>  Effective Date.--The
    amendments made by this section shall apply with respect to fiscal year
    2023 and each succeeding fiscal year.

                                   JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,283,000, to be disbursed by the Secretary of the Senate.

                           Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $12,948,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.
        For other joint items, as follows:

                        Office of the Attending Physician

        For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and their assistants,
    including:
                (1) an allowance of $3,500 per month to the Attending
            Physician;
                (2) an allowance of $2,500 per month to the Senior Medical
            Officer;

    [[Page 136 STAT. 4925]]

                (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

         <<NOTE: Notifications.>> 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

         <<NOTE: Certification.>> 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, <<NOTE: Approval.>>  That amounts
    made available for the Enhanced Member Protection Program may be
    obligated and expended only upon approval of the Committees

    [[Page 136 STAT. 4926]]

    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. <<NOTE: 2 USC 1912.>>  (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) <<NOTE: Applicability.>> Effective Date.--This section shall
    apply with respect to fiscal year 2023 and each succeeding fiscal year.

        Sec. 121.  <<NOTE: Threat assessments. Protective details. Time
    period. Determinations. 2 USC 1966a.>>  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, <<NOTE: Extension authority.>> 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, <<NOTE: Memorandums.>>  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

         <<NOTE: Certification.>> 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.

    [[Page 136 STAT. 4927]]

                           CONGRESSIONAL BUDGET OFFICE

                              Salaries and Expenses

         <<NOTE: Certification.>> 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

    [[Page 136 STAT. 4928]]

    available until September 30, 2027, and of which $36,100,000 shall
    remain available until expended.

                             House Office Buildings

                          (including transfer of funds)

        For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $126,279,000, of which $14,500,000 shall
    remain available until September 30, 2027, and of which $40,600,000
    shall remain available until expended for the restoration and renovation
    of the Cannon House Office Building:  Provided, That of the amount made
    available under this heading, $4,000,000 shall be derived by transfer
    from the House Office Building Fund established under section 176(d) of
    the Continuing Appropriations Act, 2017 (2 U.S.C. 2001 note).

                               Capitol Power Plant

        For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Publishing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $166,951,000, of which $68,600,000 shall remain available
    until September 30, 2027:  Provided, That not more than $10,000,000 of
    the funds credited or to be reimbursed to this appropriation as herein
    provided shall be available for obligation during fiscal year 2023.

                          Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $144,220,000, of which $108,000,000 shall remain available until
    September 30, 2027.

                 Capitol Police Buildings, Grounds and Security

        For all necessary expenses for the maintenance, care and operation
    of buildings, grounds and security enhancements of the United States
    Capitol Police, wherever located, the Alternate Computing Facility, and
    Architect of the Capitol security operations, $402,907,000, of which
    $346,255,000 shall remain available until September 30, 2027:  Provided,
    That of such amount, $80,000,000 shall be for design and construction of
    enhanced screening vestibules at the north and south Capitol Building
    entrances:  Provided further, That of such amount, $238,455,000 shall be
    for the Capitol Complex Security Program:  Provided further, That
    amounts made

    [[Page 136 STAT. 4929]]

    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.  <<NOTE: Determination.>> 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

    [[Page 136 STAT. 4930]]

    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 <<NOTE: Certification.>>  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, <<NOTE: Reduction.>>  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, <<NOTE: Certification.>> 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

    [[Page 136 STAT. 4931]]

    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, <<NOTE: Advance approvals.>>  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.

    [[Page 136 STAT. 4932]]

      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) <<NOTE: Applicability. 2 USC 162b note.>> Effective Date.--The
    amendment made by this section shall apply with respect to fiscal year
    2023 and each succeeding fiscal year.

                          GOVERNMENT PUBLISHING OFFICE

                            Congressional Publishing

                          (including transfer of funds)

        For authorized publishing of congressional information and the
    distribution of congressional information in any format; publishing of
    Government publications authorized by law to be distributed to Members
    of Congress; and publishing, and distribution of Government publications
    authorized by law to be distributed without charge to the recipient,
    $82,992,000:  Provided, That this appropriation shall not be available
    for paper copies of the permanent edition of the Congressional Record
    for individual Representatives, Resident Commissioners or Delegates
    authorized under section 906 of title 44, United States Code:  Provided
    further, That this appropriation shall be available for the payment of
    obligations incurred under the appropriations for similar purposes for
    preceding fiscal years:  Provided further, <<NOTE: Time periods.>>  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, <<NOTE: Deadline. Time
    periods. Approval.>> 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

    [[Page 136 STAT. 4933]]

    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, <<NOTE: Deadline. Time
    periods. Approval.>>  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, <<NOTE: Contracts.>>  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 <<NOTE: Certification.>> 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

    [[Page 136 STAT. 4934]]

    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

         <<NOTE: Certification.>> 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 <<NOTE: Determination.>>  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, <<NOTE: Reimbursements.>>  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 <<NOTE: Russia.>>  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.

    [[Page 136 STAT. 4935]]

       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.  <<NOTE: Contracts. Public information.>>  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.  <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4936]]

    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) <<NOTE: Approval.>> At the direction of the Capitol Police
    Board, or at the direction of the Architect of the Capitol with the
    approval of the Capitol Police Board, guided tours of the United States
    Capitol which are led by employees and interns described in subsection
    (a) may be suspended temporarily or otherwise subject to restriction for
    security or related reasons to the same extent as guided tours of the
    United States Capitol which are led by the Architect of the Capitol.

             limitation on telecommunications equipment procurement

        Sec. 208. <<NOTE: Huawei Technologies Company. ZTE
    Corporation. Reviews.>>  (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) <<NOTE: Assessment. Cyber threats. Country listing.>>
            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

    [[Page 136 STAT. 4937]]

            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) <<NOTE: Mitigation strategy.>>  developed, in
            consultation with NIST and supply chain risk management experts,
            a mitigation strategy for any identified risks;
                (2) <<NOTE: Determination.>>  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) <<NOTE: Reports.>>  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. <<NOTE: Pornography.>> (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.  <<NOTE: Contracts. Coordination.>>  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''.

    [[Page 136 STAT. 4938]]

       DIVISION J-- <<NOTE: Military Construction, Veterans Affairs, and
      Related Agencies Appropriations Act, 2023.>> MILITARY CONSTRUCTION,
    VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

    TITLE I <<NOTE: Notifications.>>

                              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, <<NOTE: Determination.>>  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, <<NOTE: Determination.>> 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

    [[Page 136 STAT. 4939]]

    by law, $2,614,996,000, to remain available until September 30, 2027:
    Provided, <<NOTE: Determination.>>  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, <<NOTE: Determination.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 4940]]

    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, <<NOTE: Determination.>>  That, of the amount, not
    to exceed $56,982,000 shall be available for study, planning, design,
    and architect and engineer services, as authorized by law, unless the
    Director of the Air National Guard determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor:  Provided further, That of the amount made
    available under this heading, $112,970,000 shall be for the projects and
    activities, and in the amounts, specified in the table under the heading
    ``Military Construction, Air National Guard'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), in addition to amounts otherwise available for
    such purposes.

                       Military Construction, Army Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Army
    Reserve as authorized by chapter 1803 of title 10, United States Code,
    and Military Construction Authorization Acts, $193,878,000, to remain
    available until September 30, 2027:  Provided,
    That, <<NOTE: Determination.>> 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, <<NOTE: Determination.>>  That, of the amount, not to
    exceed $9,090,000 shall be available for study, planning, design,

    [[Page 136 STAT. 4941]]

    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, <<NOTE: Determination.>> 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.

    [[Page 136 STAT. 4942]]

                 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

    [[Page 136 STAT. 4943]]

    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. <<NOTE: Contracts. Approval.>>   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.  <<NOTE: Certification.>>  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.  <<NOTE: Determinations.>>  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.  <<NOTE: Notification.>>  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.  <<NOTE: Steel.>>  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.  <<NOTE: Contracts. Japan.>>  None of the funds made
    available in this title may be obligated for architect and engineer
    contracts estimated by the

    [[Page 136 STAT. 4944]]

    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.  <<NOTE: Kwajalein Atoll. Contracts.>>  None of the funds
    made available in this title for military construction in the United
    States territories and possessions in the Pacific and on Kwajalein
    Atoll, or in countries bordering the Arabian Gulf, may be used to award
    any contract estimated by the Government to exceed $1,000,000 to a
    foreign contractor:  Provided, That this section shall not be applicable
    to contract awards for which the lowest responsive and responsible bid
    of a United States contractor exceeds the lowest responsive and
    responsible bid of a foreign contractor by greater than 20 percent:
    Provided further, That this section shall not apply to contract awards
    for military construction on Kwajalein Atoll for which the lowest
    responsive and responsible bid is submitted by a Marshallese contractor.

        Sec. 113.  <<NOTE: Military exercise. Time period.>>  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.  <<NOTE: Time periods. Determination.>>  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

    [[Page 136 STAT. 4945]]

    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.  <<NOTE: 10 USC 2821 note.>>  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, <<NOTE: Time periods.>>  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, <<NOTE: Reports.>>  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.  <<NOTE: Time period. Determination.>>  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

    [[Page 136 STAT. 4946]]

    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, <<NOTE: Deadline. Expenditure
    plan.>>  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.  <<NOTE: Allotment. Contracts.>>  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

    [[Page 136 STAT. 4947]]

    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.  <<NOTE: Definition.>>  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, <<NOTE: Deadline. Expenditure plan.>>  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, <<NOTE: Approvals.>> That the Secretary of the military
    department concerned may not obligate or expend any funds prior to
    approval by the Committees on Appropriations of both Houses of Congress
    of the expenditure plan required by this section.

        Sec. 129.  For an additional amount for the accounts and in the
    amounts specified for planning and design and unspecified minor
    construction, for improving military installation resilience, to remain
    available until September 30, 2027:
                ``Military Construction, Army'', $25,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $40,000,000; and
                ``Military Construction, Air Force'', $25,000,000:

      Provided, <<NOTE: Deadline. Expenditure plan.>>  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, <<NOTE: Approvals.>>  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 <<NOTE: Deadline. Expenditure plan.>>  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.

    [[Page 136 STAT. 4948]]

        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, <<NOTE: Deadline. Expenditure plan.>>  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 <<NOTE: Deadline. Expenditure plan.>>  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, <<NOTE: Deadline. Expenditure plan.>> 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;

    [[Page 136 STAT. 4949]]

                ``Military Construction, Army Reserve'', $2,000,000; and
                ``Military Construction, Air Force Reserve'', $500,000:

      Provided, That <<NOTE: Deadline. Expenditure plan.>>  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, <<NOTE: Approvals.>> 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 <<NOTE: Deadline. Expenditure
    plan.>>  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.  <<NOTE: Cuba.>>  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, <<NOTE: Reimbursement.>>
    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, <<NOTE: Reimbursement.>>  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

    [[Page 136 STAT. 4950]]

    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.

    [[Page 136 STAT. 4951]]

          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, <<NOTE: Determination.>>  That expenses for services and
    assistance authorized under paragraphs (1), (2), (5), and (11) of
    section 3104(a) of title 38, United States Code, that the Secretary of
    Veterans Affairs determines are necessary to enable entitled veterans:
    (1) to the maximum extent feasible, to become employable and to obtain
    and maintain suitable employment; or (2) to achieve maximum independence
    in daily living, shall be charged to this account:  Provided further,
    That, of the funds made available under this heading, not to exceed 10
    percent shall remain available until September 30, 2024.

                         Veterans Health Administration

                                medical services

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section 1705(a)
    of title 38, United States Code, including care and treatment in
    facilities not under the jurisdiction of the Department, and including
    medical supplies and equipment, bioengineering services, food services,
    and salaries and expenses of healthcare employees hired under title 38,
    United States Code, assistance and support services for caregivers as
    authorized by section 1720G of title 38, United States Code, loan
    repayments authorized by section 604 of the Caregivers and Veterans
    Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174;
    38 U.S.C. 7681 note), monthly assistance allowances authorized by
    section 322(d) of title 38, United States Code, grants authorized by
    section 521A of title 38, United States Code, and administrative
    expenses necessary to carry out sections 322(d) and 521A of title 38,
    United States Code, and hospital care and medical services authorized by
    section 1787 of title 38, United States Code; $261,000,000, which shall
    be in addition to funds previously appropriated under this heading that
    became available on October 1, 2022; and, in addition, $74,004,000,000,
    plus reimbursements, shall become available on October 1, 2023, and
    shall remain available until September 30, 2024:  Provided, That, of the
    amount made available on October 1, 2023, under this heading,
    $2,000,000,000 shall remain available until September 30, 2025:
    Provided further, That, notwithstanding any other provision of law, the
    Secretary of Veterans Affairs shall establish a priority for the
    provision of medical treatment for veterans who have service-connected
    disabilities, lower income, or have special needs:  Provided further,
    That, notwithstanding any other provision of law, the Secretary of
    Veterans Affairs shall give priority funding for the provision of basic
    medical benefits to veterans in enrollment priority groups 1 through 6:
    Provided further, <<NOTE: Drugs and drug abuse.>>  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

    [[Page 136 STAT. 4952]]

    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;

    [[Page 136 STAT. 4953]]

    $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.

    [[Page 136 STAT. 4954]]

                         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, <<NOTE: Time period.>>  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, <<NOTE: Reports.>>  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, <<NOTE: Effective date. Certifications. Deadlines.>>  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--

    [[Page 136 STAT. 4955]]

                (1) <<NOTE: Reports. Timeline.>>  providing the Committees
            on Appropriations a report detailing the status of outstanding
            issues impacting the stability and usability of the new
            electronic health record system, including those that
            contributed to the October 13, 2022, deployment delay, along
            with a timeline and measurable metrics to resolve issues, no
            later than 60 days after enactment of this Act;
                (2) certifying and detailing any changes to the full
            deployment schedule, no later than 60 days prior to July 1,
            2023; and
                (3) certifying in writing no later than 30 days prior to
            July 1, 2023, the following--
                        (A) the status of issues included in the report
                    referenced in paragraph (1), including issues that have
                    not been closed but have been suitably resolved or
                    mitigated in a manner that will enhance provider
                    productivity and minimize the potential for patient
                    harm; and
                        (B) whether the system is stable, ready, and
                    optimized for further deployment at VA sites.

                           office of inspector general

        For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which
    not to exceed 10 percent shall remain available until September 30,
    2024.

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for, including planning,
    architectural and engineering services, construction management
    services, maintenance or guarantee period services costs associated with
    equipment guarantees provided under the project, services of claims
    analysts, offsite utility and storm drainage system construction costs,
    and site acquisition, where the estimated cost of a project is more than
    the amount set forth in section 8104(a)(3)(A) of title 38, United States
    Code, or where funds for a project were made available in a previous
    major project appropriation, $1,447,890,000, of which $731,722,000 shall
    remain available until September 30, 2027, and of which $716,168,000
    shall remain available until expended, of which $1,500,000 shall be
    available for seismic improvement projects and seismic program
    management activities, including for projects that would otherwise be
    funded by the Construction, Minor Projects, Medical Facilities or
    National Cemetery Administration accounts:  Provided,
    That <<NOTE: Notification. Approval.>>  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

    [[Page 136 STAT. 4956]]

    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, <<NOTE: Reimbursement.>>  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, <<NOTE: Contracts. Deadlines.>>  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 <<NOTE: Reports.>> 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.

    [[Page 136 STAT. 4957]]

            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, <<NOTE: Deadline. Expenditure plan.>>  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, <<NOTE: Approvals. Time period.>>
    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.  <<NOTE: Notifications. Approvals.>>  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

    [[Page 136 STAT. 4958]]

    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.  <<NOTE: Reimbursement.>>  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.  <<NOTE: Time period.>>  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. <<NOTE: Reimbursement.>>  Notwithstanding any other
    provision of law, during fiscal year 2023, the Secretary of Veterans
    Affairs shall, from the National Service Life Insurance Fund under
    section 1920 of title 38, United States Code, the Veterans' Special Life
    Insurance Fund under section 1923 of title 38, United States Code, and
    the United States Government Life Insurance Fund under section 1955 of
    title 38, United States Code, reimburse the ``General Operating
    Expenses, Veterans Benefits Administration'' and ``Information
    Technology Systems'' accounts for the cost of administration of the
    insurance programs financed through those accounts:  Provided,

    [[Page 136 STAT. 4959]]

    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, <<NOTE: Determination.>> 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.  <<NOTE: Disclosure. Reimbursement.>> 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

    [[Page 136 STAT. 4960]]

    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.  <<NOTE: Contracts. Alaska. Native Americans.>> 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. <<NOTE: Requirement. Compliance.>> The Secretary shall require
    participating veterans and facilities to comply with all appropriate
    rules and regulations, as established by the
    Secretary. <<NOTE: Definition.>> 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.  <<NOTE: Reports.>> 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

    [[Page 136 STAT. 4961]]

    total amount made available by this Act for the ``Information Technology
    Systems'' account:  Provided further, <<NOTE: Approvals.>>  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, <<NOTE: Notification.>> 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 <<NOTE: Repeal. 136 Stat.
    552.>> 220 of title II of division J of Public Law 117-103 is repealed.

                          (including transfer of funds)

        Sec. 220.  <<NOTE: Effective date.>> 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 <<NOTE: Notification.>> 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--

    [[Page 136 STAT. 4962]]

    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.  <<NOTE: Notifications. Deadlines.>> The Secretary of
    Veterans Affairs shall notify the Committees on Appropriations of both
    Houses of Congress of all bid savings in a major construction project
    that total at least $5,000,000, or 5 percent of the programmed amount of
    the project, whichever is less:  Provided, That such notification shall
    occur within 14 days of a contract identifying the programmed amount:
    Provided further, That the Secretary shall notify the Committees on
    Appropriations of both Houses of Congress 14 days prior to the
    obligation of such bid savings and shall describe the anticipated use of
    such savings.

        Sec. 225.  <<NOTE: Approvals.>> 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.  <<NOTE: Reports. Data.>> 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, <<NOTE: Time period.>> 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.

    [[Page 136 STAT. 4963]]

        Sec. 227.  <<NOTE: Notifications. Deadline.>> 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.  <<NOTE: Time period. Notifications.>> 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.  <<NOTE: Determinations.>> 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 <<NOTE: Approval.>> 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 <<NOTE: Approvals.>> 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, <<NOTE: Approvals.>>  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

    [[Page 136 STAT. 4964]]

    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) <<NOTE: Suicide hotline.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Study. Time period. Analysis. Data.>> 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 <<NOTE: Determinations.>>  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.  <<NOTE: Effective date. Time period.>> 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 <<NOTE: Definitions.>>  this section:

    [[Page 136 STAT. 4965]]

                (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.  <<NOTE: Contracts.>> 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) <<NOTE: Discontinuation. Deadlines. 38 USC note prec.
    5701.>> 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:

    [[Page 136 STAT. 4966]]

                (1) For all veterans submitting to the Secretary of Veterans
            Affairs new claims for benefits under laws administered by the
            Secretary, not later than March 23, 2023.
                (2) For all individuals not described in paragraph (1), not
            later than March 23, 2026.

        (b) The Secretary of Veterans Affairs may use a Social Security
    account number to identify an individual in an information system of the
    Department of Veterans Affairs if and only if the use of such number is
    required to obtain information the Secretary requires from an
    information system that is not under the jurisdiction of the Secretary.
        (c) The matter in subsections (a) and (b) shall supersede section
    238 of division F of Public Law 116-94.
        Sec. 238.  <<NOTE: Applicability.>> 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.  <<NOTE: Time periods.>> 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.  <<NOTE: Contracts.>> 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.  <<NOTE: Time periods. Applicability.>> 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. <<NOTE: Records. Compliance.>> (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) <<NOTE: Reports.>> 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

    [[Page 136 STAT. 4967]]

    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.  <<NOTE: Notifications. Proposal. Deadline.>> 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.  <<NOTE: Time periods. Applicability.>> 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. <<NOTE: Research and development. Effective
    date. Animals. Approval. 38 USC 303 note.>> (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 <<NOTE: Determination.>>  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 <<NOTE: Reports.>> 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 <<NOTE: Reports.>>  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;

    [[Page 136 STAT. 4968]]

                (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 <<NOTE: Plan. Deadline.>>  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 <<NOTE: Reports.>>  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 <<NOTE: Assessment.>>  assessment of the veteran-to-
            staff ratio for each such program; and
                (2) <<NOTE: Recommenda- tions.>> 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.  <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 4969]]

                (3) $75,000,000, for the deployment, upgrade, or
            installation of infrastructure or equipment to support goals
            established in Executive Order 14057:

      Provided, That <<NOTE: Execution plan. Approvals. Time period.>> 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, <<NOTE: Reprogramming request. Approvals. Time
    period.>>  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.  <<NOTE: Reports.>> 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, <<NOTE: Update. Expenditure
    plan.>> 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 <<NOTE: Notification. Reallocation plan. Approvals. Time
    period.>> 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.  <<NOTE: Time period. Determination.>> Any amounts
    transferred to the Secretary and administered by a corporation referred
    to in section 7364(b) of title 38, United States Code, between October
    1, 2017 and September 30, 2018 for purposes of carrying out an order
    placed with the Department of Veterans Affairs pursuant to section 1535
    of title 31, United States Code, that are available for obligation
    pursuant to section 7364(b)(1) of title 38, United States Code, are to
    remain available for the liquidation of valid obligations incurred by
    such corporation during the period of performance of such order,
    provided that the Secretary of Veterans Affairs determines that such
    amounts need to remain available for such liquidation.

                             (rescissions of funds)

        Sec. 255.  Of the unobligated balances available to the Department
    of Veterans Affairs from prior appropriations Acts, the following funds
    are hereby rescinded from the following accounts in the amounts
    specified:
                ``Asset and Infrastructure Review'', $5,000,000;
                ``Departmental Administration--Veterans Electronic Health
            Record'', $150,000,000; and
                ``Departmental Administration--Construction, Major
            Projects'', $76,000,000:

      Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 136 STAT. 4970]]

        Sec. 256.  <<NOTE: Reports. Analysis. Rural and urban areas.>> 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, <<NOTE: Obligation request. Approvals. Time period.>> 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 <<NOTE: Notice.>> 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.

    [[Page 136 STAT. 4971]]

                      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--

    [[Page 136 STAT. 4972]]

    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) <<NOTE: Web posting. Public
    information. Reports. Determination.>> Any agency receiving funds made
    available in this Act, shall, subject to subsections (b) and (c), post
    on the public

    [[Page 136 STAT. 4973]]

    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 <<NOTE: Time period.>> 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) <<NOTE: Pornography.>> 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.  <<NOTE: Contracts.>> None of the funds made available in
    this Act may be used to execute a contract for goods or services,
    including construction services, where the contractor has not complied
    with Executive Order No. 12989.

        Sec. 411.  None of the funds made available by this Act may be used
    in contravention of section 101(e)(8) of title 10, United States Code.
        Sec. 412. <<NOTE: Detainees. Cuba.>> (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''.

    [[Page 136 STAT. 4974]]

        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, <<NOTE: Allocations.>> 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.--

    [[Page 136 STAT. 4975]]

                        (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 <<NOTE: Consultation.>> the exercise of the
                    authority provided by this subparagraph shall be subject
                    to prior consultation with the Committees on
                    Appropriations.
                        (C) Funds <<NOTE: Contracts.>> 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, <<NOTE: Consultation.>> 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 <<NOTE: 22 USC 2706a.>> 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) <<NOTE: 22 USC 2719 note.>> 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''.

    [[Page 136 STAT. 4976]]

                             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, <<NOTE: Fellowships and scholarships. Consultation.>> 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, <<NOTE: Consultation. Notification.>> 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.

    [[Page 136 STAT. 4977]]

                 embassy security, construction, and maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
    repairing, and planning for real property that are owned or leased by
    the Department of State, and renovating, in addition to funds otherwise
    available, the Harry S Truman Building, $902,615,000, to remain
    available until September 30, 2027, of which not to exceed $25,000 may
    be used for overseas representation expenses as authorized:  Provided,
    That none of the funds appropriated in this paragraph shall be available
    for acquisition of furniture, furnishings, or generators for other
    departments and agencies of the United States Government.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $1,055,206,000, to remain
    available until expended.

               emergencies in the diplomatic and consular service

        For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    as authorized, $8,885,000, to remain available until expended, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account''.

                       repatriation loans program account

        For the cost of direct loans, $1,300,000, as authorized:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $4,753,048.

                   payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act (Public
    Law 96-8), $34,083,000.

             international center, washington, district of columbia

        Not to exceed $1,842,732 shall be derived from fees collected from
    other executive agencies for lease or use of facilities at the
    International Center in accordance with section 4 of the International
    Center Act (Public Law 90-553), and, in addition, as authorized by
    section 5 of such Act, $743,000, to be derived from the reserve
    authorized by such section, to be used for the purposes set out in that
    section.

          payment to the foreign service retirement and disability fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

    [[Page 136 STAT. 4978]]

    International <<NOTE: 22 USC 269a note.>> Organizations

                  contributions to international organizations

        For <<NOTE: United Nations. Notifications.>> 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, <<NOTE: Budget.>> 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, <<NOTE: Time period.>> 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, <<NOTE: Effective
    date.>> 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 <<NOTE: United Nations.>> 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, <<NOTE: Time period. Notification. Cost
    estimates.>> 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 <<NOTE: Certification. Reports. Human
    rights. Public information. Web posting.>> 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,

    [[Page 136 STAT. 4979]]

    including prosecution in their home countries and making information
    about such prosecutions publicly available on the website of the United
    Nations:  Provided further, <<NOTE: Procedures. Human rights.>> 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, <<NOTE: Determination.>> 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 <<NOTE: President. Recommenda- tions.>>  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, <<NOTE: Notification.>> 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 <<NOTE: 22 USC 269a note.>> 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 <<NOTE: Compliance.>> 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, <<NOTE: Transfer authority. Notification.>> 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.

    [[Page 136 STAT. 4980]]

                  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, <<NOTE: Allocations.>> 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, <<NOTE: Notification.>> 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.

    [[Page 136 STAT. 4981]]

    6202) and section 305(b) of such Act (22 U.S.C. 6204):  Provided
    further,
    That <<NOTE: Notification. Deadline. Determination. Terrorism.>> the
    USAGM Chief Executive Officer shall notify the Committees on
    Appropriations within 15 days of any determination by the USAGM that any
    of its broadcast entities, including its grantee organizations, provides
    an open platform for international terrorists or those who support
    international terrorism, or is in violation of the principles and
    standards set forth in section 303(a) and (b) of such Act or the
    entity's journalistic code of ethics:  Provided further, That in
    addition to funds made available under this heading, and notwithstanding
    any other provision of law, up to $5,000,000 in receipts from
    advertising and revenue from business ventures, up to $500,000 in
    receipts from cooperating international organizations, and up to
    $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, shall remain
    available until expended for carrying out authorized
    purposes: <<NOTE: Notification.>>   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: <<NOTE: Transfer authority.>>   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 <<NOTE: Consultation. Notification.>> 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.

    [[Page 136 STAT. 4982]]

              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, <<NOTE: Salaries. Contracts.>> 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.

    [[Page 136 STAT. 4983]]

                                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, <<NOTE: Contracts.>> That the
    Commission may procure temporary, intermittent, and other services
    notwithstanding paragraph (3) of section 312304(b) of such chapter:
    Provided further, <<NOTE: Termination date.>> That such authority shall
    terminate on October 1, 2023:  Provided
    further, <<NOTE: Notification.>> 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

    [[Page 136 STAT. 4984]]

    September 30, 2024:  Provided, <<NOTE: Extension. Applicability.>> 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 <<NOTE: Contracts. Reports.>>  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, <<NOTE: Contracts. Time period.>> 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, <<NOTE: Transfer
    authority.>> 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 <<NOTE: Notification.>>  appropriated under this heading shall be
    available

    [[Page 136 STAT. 4985]]

    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 <<NOTE: Apportionment.>> necessary expenses to carry out the
    provisions of chapters 1 and 10 of part I of the Foreign Assistance Act
    of 1961, for global health activities, in addition to funds otherwise
    available for such purposes, $4,165,950,000, to remain available until
    September 30, 2024, and which shall be apportioned directly to the
    United States Agency for International Development:  Provided, That
    this <<NOTE: HIV/AIDS. Tuberculosis. Polio. Malaria. Zoonotic
    diseases.>>  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 <<NOTE: Determination. President. Abortion.>>  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 <<NOTE: Deadline.>>
    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

    [[Page 136 STAT. 4986]]

    determination:  Provided further, <<NOTE: Abortion.>> 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, <<NOTE: Lobbying. Abortion.>> That none of the funds made
    available under this Act may be used to lobby for or against abortion:
    Provided further, That <<NOTE: Family
    planning. Requirements. Determination. Reports.>>  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 <<NOTE: Grants. Discrimination. Compliance.>>  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 <<NOTE: Definition.>>  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, <<NOTE: Condoms.>> That
    information provided about the use of condoms as part of projects or
    activities

    [[Page 136 STAT. 4987]]

    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, <<NOTE: Apportionment.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Apportionment.>> 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, <<NOTE: Apportionment. Deadline.>>
    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, <<NOTE: Reports.>> 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

    [[Page 136 STAT. 4988]]

    of assistance:  Provided further, <<NOTE: Determination.>> 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, <<NOTE: Consultation.>> 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 <<NOTE: Apportionment.>>
    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, <<NOTE: Consultation.>> That the Assistant Secretary for
    Democracy, Human Rights, and Labor, Department of State, shall consult
    with the Committees on Appropriations prior to the initial obligation of
    funds appropriated under this paragraph.

        For an additional amount for such purposes, $133,250,000, to remain
    available until September 30, 2024, which shall be made available for
    the Bureau for Development, Democracy, and Innovation, United States
    Agency for International Development.

                 assistance for europe, eurasia and central asia

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
    and the Support for Eastern European Democracy (SEED) Act of 1989
    (Public Law 101-179), $500,334,000, to remain

    [[Page 136 STAT. 4989]]

    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 <<NOTE: Transfer authority.>>  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

    [[Page 136 STAT. 4990]]

    $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: <<NOTE: Consultation.>>   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: <<NOTE: Abortions.>>   Provided further,
    That none of the funds appropriated under this heading shall be used to
    pay for abortions:  Provided further, <<NOTE: Applicability.>> 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, <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 4991]]

    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, <<NOTE: Waiver authority.>> 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, <<NOTE: Reports.>> That the USADF shall submit a
    report to the appropriate congressional committees after each time such
    waiver authority is exercised:  Provided
    further, <<NOTE: Payments.>> 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, <<NOTE: Contracts.>> 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 <<NOTE: President. Determination.>> ``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 <<NOTE: President. Determination.>> the costs, as defined in
    section 502 of the Congressional Budget Act of 1974, of modifying loans
    and loan guarantees, as

    [[Page 136 STAT. 4992]]

    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 <<NOTE: Notifications.>>  expenses to carry out
    section 481 of the Foreign Assistance Act of 1961, $1,391,004,000, to
    remain available until September 30, 2024:  Provided, That the
    Department of State may use the authority of section 608 of the Foreign
    Assistance Act of 1961, without regard to its restrictions, to receive
    excess property from an agency of the United States Government for the
    purpose of providing such property to a foreign country or international
    organization under chapter 8 of part I of such Act, subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That section 482(b) of the Foreign Assistance Act of
    1961 shall not apply to funds appropriated under this heading, except
    that any funds made available notwithstanding such section shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That funds appropriated under this
    heading shall be made available to support training and technical
    assistance for foreign law enforcement, corrections, judges, and other
    judicial authorities, utilizing regional partners:  Provided further,
    That funds made available under this heading that are transferred to
    another department, agency, or instrumentality of the United States
    Government pursuant to section 632(b) of the Foreign Assistance Act of
    1961 valued in excess of $5,000,000, and any agreement made pursuant to
    section 632(a) of such Act, shall be subject to the regular notification
    procedures of the Committees on Appropriations:  Provided further, That
    funds made available under this heading for Program Development and
    Support may be made available notwithstanding pre-obligation
    requirements contained in this Act, except for the notification
    requirements of section 7015.

         nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $921,000,000, to remain
    available until September 30, 2024, to carry out the provisions of
    chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
    terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
    of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
    section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
    Foreign Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other

    [[Page 136 STAT. 4993]]

    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, <<NOTE: Notification.>> 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, <<NOTE: Determination. Israel.>> 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 <<NOTE: Notification.>>  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 <<NOTE: Notification.>>  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

    [[Page 136 STAT. 4994]]

    improved civil-military relations, civilian control of the military, or
    respect for human rights:  Provided
    further, <<NOTE: Consultation.>> 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, <<NOTE: Consultation. Notification. Contracts.>> 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 <<NOTE: Apportionment.>> 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 <<NOTE: Contracts.>>  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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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

    [[Page 136 STAT. 4995]]

    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, <<NOTE: Notification.>> 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, <<NOTE: Deadline. Consultation. Notification.>> 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.

    [[Page 136 STAT. 4996]]

         contribution to the international bank for reconstruction and
                                   development

        For payment to the International Bank for Reconstruction and
    Development by the Secretary of the Treasury for the United States share
    of the paid-in portion of the increases in capital stock, $206,500,000,
    to remain available until expended.

                  limitation on callable capital subscriptions

        The United States Governor of the International Bank for
    Reconstruction and Development may subscribe without fiscal year
    limitation to the callable capital portion of the United States share of
    increases in capital stock in an amount not to exceed $1,421,275,728.70.

            contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $1,430,256,000, to remain available until
    expended.

                   contribution to the asian development fund

        For payment to the Asian Development Bank's Asian Development Fund
    by the Secretary of the Treasury, $43,610,000, to remain available until
    expended.

                  contribution to the african development bank

        For payment to the African Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of the
    increases in capital stock, $54,648,752, to remain available until
    expended.

                  limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation to the callable capital portion
    of the United States share of increases in capital stock in an amount
    not to exceed $856,174,624.

                  contribution to the african development fund

        For payment to the African Development Fund by the Secretary of the
    Treasury, $171,300,000, to remain available until expended.

       contribution to the international fund for agricultural development

        For payment to the International Fund for Agricultural Development
    by the Secretary of the Treasury, $43,000,000, to remain available until
    expended.

                  global agriculture and food security program

        For payment to the Global Agriculture and Food Security Program by
    the Secretary of the Treasury, $10,000,000, to remain available until
    expended.

    [[Page 136 STAT. 4997]]

     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 <<NOTE: Contracts.>> 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, <<NOTE: Extension. 12 USC 635a note.>> 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, <<NOTE: Fees.>> 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

    [[Page 136 STAT. 4998]]

    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 <<NOTE: Disbursement. Loans. Grants. Time periods.>>  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 <<NOTE: Reduction.>>  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

    [[Page 136 STAT. 4999]]

    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, <<NOTE: Consultation. Notification.>> 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 <<NOTE: Consultation.>>  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, <<NOTE: Collections.>> 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, <<NOTE: Reduction.>> 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 <<NOTE: Loans.>> account

        Amounts paid from ``United States International Development Finance
    Corporation--Corporate Capital Account'' (CCA) shall remain available
    until September 30, 2025:  Provided, That amounts

    [[Page 136 STAT. 5000]]

    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, <<NOTE: Disbursement. Time periods.>> That such
    amounts obligated in a fiscal year shall remain available for
    disbursement for the following 8 fiscal years:  Provided further, That
    funds <<NOTE: Time period.>>  made available in this Act and transferred
    to carry out the Foreign Assistance Act of 1961 pursuant to section
    1434(j) of the BUILD Act of 2018 may remain available for obligation for
    1 additional fiscal year:  Provided further, That the total loan
    principal or guaranteed principal amount shall not exceed
    $8,000,000,000.

                          Trade and Development Agency

        For necessary expenses to carry out the provisions of section 661 of
    the Foreign Assistance Act of 1961, $87,000,000, to remain available
    until September 30, 2024, of which no more than $21,000,000 may be used
    for administrative expenses:  Provided, That of the funds appropriated
    under this heading, not more than $5,000 may be available for
    representation and entertainment expenses.

                                    TITLE VII

                               GENERAL PROVISIONS

                          allowances and differentials

        Sec. 7001.  Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by section 3109 of such title and for
    hire of passenger transportation pursuant to section 1343(b) of title
    31, United States Code.

                           unobligated balances report

        Sec. 7002.  <<NOTE: Time periods.>> 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.

    [[Page 136 STAT. 5001]]

                               consulting services

        Sec. 7003.  <<NOTE: Contracts.>> 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 <<NOTE: Consultation.>>  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. <<NOTE: Notification. Waiver
            authority.>> --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

    [[Page 136 STAT. 5002]]

    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, <<NOTE: Transfer authority.>> 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, <<NOTE: Certification. Reports.>> 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, <<NOTE: Consultation. Notification.>> 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. <<NOTE: Consultations. Certification. Reports.>> --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 <<NOTE: Notification.>>  funds made available pursuant to such
    waiver shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

    [[Page 136 STAT. 5003]]

                           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. <<NOTE: Determination. Reports. Consultation. N
                    otification.>> --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

    [[Page 136 STAT. 5004]]

            1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
            254).
                (3) Notification.-- <<NOTE: Contracts.>> Any agreement
            entered into by the United States Agency for International
            Development or the Department of State with any department,
            agency, or instrumentality of the United States Government
            pursuant to section 632(b) of the Foreign Assistance Act of 1961
            valued in excess of $1,000,000 and any agreement made pursuant
            to section 632(a) of such Act, with funds appropriated by this
            Act or prior Acts making appropriations for the Department of
            State, foreign operations, and related programs under the
            headings ``Global Health Programs'', ``Development Assistance'',
            ``Economic Support Fund'', and ``Assistance for Europe, Eurasia
            and Central Asia'' shall be subject to the regular notification
            procedures of the Committees on Appropriations:  Provided, That
            the requirement in the previous sentence shall not apply to
            agreements entered into between USAID and the Department of
            State.

        (c) United States International Development Finance Corporation.--
                (1) Transfers.--Amounts transferred pursuant to section
            1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
            254) may only be transferred from funds made available under
            title III of this Act:
            Provided, <<NOTE: Consultation. Notification.>> 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 <<NOTE: Coordination.>>  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

    [[Page 136 STAT. 5005]]

            the United States International Development Finance Corporation:
             Provided further, <<NOTE: Consultation. Notification.>> 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 <<NOTE: Deadline. Notification.>>  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) <<NOTE: President. Time period. Consultation. Policy
    justification.>> 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) <<NOTE: Reports.>> 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, <<NOTE: Transmittals.>> 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) <<NOTE: Pornography.>> 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

    [[Page 136 STAT. 5006]]

    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) <<NOTE: Alcohol and alcoholic beverages.>> alcoholic
            beverages; or
                (2) <<NOTE: Fees.>> 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.  <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 5007]]

    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, <<NOTE: Reports.>> 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.  <<NOTE: Time
    period. Loans. President. Determination. Consultation.>> 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) <<NOTE: Negotiation.>>  Prohibition on Taxation.--
    None of the funds appropriated under titles III through VI of this Act
    may be made available to provide assistance for a foreign country under
    a new bilateral agreement governing the terms and conditions under which
    such assistance is to be provided unless such agreement includes a
    provision stating that assistance provided by the United States shall be
    exempt from taxation, or reimbursed, by the foreign government, and the
    Secretary of State and the Administrator of the United States Agency for
    International Development shall expeditiously seek to negotiate
    amendments to existing bilateral agreements, as necessary, to conform
    with this requirement.

        (b) Notification and Reimbursement of Foreign Taxes.--
    An <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5008]]

    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) <<NOTE: Assessments. Reports.>> 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) <<NOTE: Time period.>>  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) <<NOTE: Regulations. Guidance.>>  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, <<NOTE: Notification.>> That any such reprogramming shall be
    subject

    [[Page 136 STAT. 5009]]

    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) <<NOTE: Determination. Reports.>> 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.-- <<NOTE: Time period.>> 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) <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 5010]]

    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) <<NOTE: Time period.>> 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, <<NOTE: President.>> 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

    [[Page 136 STAT. 5011]]

            Act making or authorizing appropriations for the Department of
            Defense, unless the Secretary of State, in consultation with the
            Secretary of Defense and in accordance with the regular
            notification procedures of the Committees on Appropriations,
            submits a justification to such Committees that includes a
            description of, and the estimated costs associated with, the
            support or continuation of such program.
                (2) Funding.--Notwithstanding any other provision of law,
            funds transferred by the Department of Defense to the Department
            of State and the United States Agency for International
            Development for assistance for foreign countries and
            international organizations shall be subject to the regular
            notification procedures of the Committees on Appropriations.
                (3) Notification on excess defense articles.--Prior to
            providing excess Department of Defense articles in accordance
            with section 516(a) of the Foreign Assistance Act of 1961, the
            Department of Defense shall notify the Committees on
            Appropriations to the same extent and under the same conditions
            as other committees pursuant to subsection (f) of that section:
            Provided, That before issuing a letter of offer to sell excess
            defense articles under the Arms Export Control Act, the
            Department of Defense shall notify the Committees on
            Appropriations in accordance with the regular notification
            procedures of such Committees if such defense articles are
            significant military equipment (as defined in section 47(9) of
            the Arms Export Control Act) or are valued (in terms of original
            acquisition cost) at $7,000,000 or more, or if notification is
            required elsewhere in this Act for the use of appropriated funds
            for specific countries that would receive such excess defense
            articles:  Provided further, That such Committees shall also be
            informed of the original acquisition cost of such defense
            articles.

        (e) Waiver.--The requirements of this section or any similar
    provision of this Act or any other Act, including any prior Act
    requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if failure
    to do so would pose a substantial risk to human health or welfare:
    Provided, <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5012]]

    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) <<NOTE: Consultation.>>  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) <<NOTE: Reports. Certifications.>> 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) <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5013]]

    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) <<NOTE: Review. Updates. Compliance.>> 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;

    [[Page 136 STAT. 5014]]

                (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) <<NOTE: Guidance. Implementation.>>  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. <<NOTE: President. Determination. Notification. Deadline.>> 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. <<NOTE: President. Certification.>>  None of the funds made
    available to carry out part I of the Foreign Assistance Act of 1961, as
    amended, may be obligated or expended for any country or organization if
    the President certifies that the use of these funds by any such country
    or organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                             allocations and reports

        Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
    appropriated by this Act under titles III through V shall be made
    available in the amounts specifically designated in the respective
    tables included in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act):  Provided,
    That such designated amounts for foreign countries and international
    organizations shall serve as the amounts for such countries and
    international organizations transmitted to Congress in the report
    required by section 653(a) of the Foreign Assistance Act of 1961, and
    shall be made available for such foreign

    [[Page 136 STAT. 5015]]

    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, <<NOTE: Determination.>> 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: <<NOTE: Consultation. Notification.>>  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) <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 5016]]

    amounts designated for countries in this Act, unless such headings are
    specifically designated as the source of funds.

                               multi-year pledges

        Sec. 7020.  <<NOTE: Notification. Consultation. Deadline.>> 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. <<NOTE: President. Determinations.>> (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)): <<NOTE: Termination
            date.>>   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: <<NOTE: Applicability.>>   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) <<NOTE: Estimate.>>  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

    [[Page 136 STAT. 5017]]

                        (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, <<NOTE: Federal Register,
            publication. Deadline. Notification.>> 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 <<NOTE: Consultation. Reports.>>  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.

    [[Page 136 STAT. 5018]]

                     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, <<NOTE: Notification.>> 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) <<NOTE: President. Determination.>> activities in a
            country the President determines is recovering from widespread
            conflict, a humanitarian crisis, or a complex emergency.

        (b) Exports.--None of the funds appropriated by this or any other
    Act to carry out chapter 1 of part I of the Foreign Assistance Act of
    1961 shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in a
    foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United States:
     Provided, That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States;
                (2) research activities intended primarily to benefit United
            States producers;
                (3) activities in a country that is eligible for assistance
            from the International Development Association, is not eligible
            for assistance from the International Bank for Reconstruction
            and Development, and does not export on a consistent basis the
            agricultural commodity with respect to which assistance is
            furnished; or
                (4) <<NOTE: President. Determination.>> activities in a
            country the President determines is recovering from widespread
            conflict, a humanitarian crisis, or a complex emergency.

        (c) <<NOTE: 22 USC 262h note.>> 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

    [[Page 136 STAT. 5019]]

    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. <<NOTE: 22 USC 2362 note.>> (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) <<NOTE: Requirement.>> 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) <<NOTE: Requirement.>> 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

    [[Page 136 STAT. 5020]]

            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) <<NOTE: Deadline. President.>> 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) <<NOTE: Notification.>> 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, <<NOTE: President. Notification.>> 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, <<NOTE: Abortion. Sterilization.>> 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) <<NOTE: Notification.>> 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

    [[Page 136 STAT. 5021]]

            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. <<NOTE: Public information.>> (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

    [[Page 136 STAT. 5022]]

                    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) <<NOTE: Human rights.>> do not provide
                    incentives for, or facilitate, forced displacement or
                    other violations of human rights; and
                        (D) do not partner with or otherwise involve
                    enterprises owned or controlled by the armed forces.

        (c) Compensation.--None of the funds appropriated under title V of
    this Act may be made as payment to any international financial
    institution while the United States executive director to such
    institution is compensated by the institution at a rate which, together
    with whatever compensation such executive director receives from the
    United States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule under section
    5315 of title 5, United States Code, or while any alternate United
    States executive director to such institution is compensated by the
    institution at a rate in excess of the rate provided for an individual
    occupying a position at level V of the Executive Schedule under section
    5316 of title 5, United States Code.
        (d) Human Rights.--The Secretary of the Treasury shall instruct the
    United States executive director of each international financial
    institution to use the voice and vote of the United States to promote
    human rights due diligence and risk management, as appropriate, in
    connection with any loan, grant, policy, or strategy of such institution
    in accordance with the requirements specified under this section in
    House Report 117-401.
        (e) Fraud and Corruption.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to use the voice of the United States to include
    in loan, grant, and other financing agreements improvements in borrowing
    countries' financial management and judicial capacity to investigate,
    prosecute, and punish fraud and corruption.
        (f) Beneficial Ownership Information.--The Secretary of the Treasury
    shall instruct the United States executive director of each
    international financial institution to use the voice of the United
    States to encourage such institution to collect, verify, and publish, to
    the maximum extent practicable, beneficial ownership information
    (excluding proprietary information) for any corporation or limited
    liability company, other than a publicly listed company, that receives
    funds from any such financial institution.
        (g) Whistleblower Protections.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to use the voice of the United States to encourage
    such institution to effectively implement and enforce policies and
    procedures which meet or exceed best practices in the United States for
    the protection of whistleblowers from retaliation, including--
                (1) protection against retaliation for internal and lawful
            public disclosure;
                (2) legal burdens of proof;
                (3) statutes of limitation for reporting retaliation;

    [[Page 136 STAT. 5023]]

                (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) <<NOTE: President. Budget request. Determination. Reports.>>
    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) <<NOTE: China.>> 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, <<NOTE: Consultation.>> 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) <<NOTE: Allocations.>> CHIPS for America International
    Technology Security and Innovation Fund.--

    [[Page 136 STAT. 5024]]

                (1) <<NOTE: Deadline.>> 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): <<NOTE: Consultation. Notification.>>
            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) <<NOTE: Reports.>> 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.

    [[Page 136 STAT. 5025]]

                (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 <<NOTE: Applicability.>>  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) <<NOTE: Reports.>> 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 <<NOTE: Updates.>>  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) <<NOTE: Public information. Web posting.>> Determination
            and report.--For each government identified pursuant to
            paragraph (1), the Secretary of State, not later than 180 days
            after the date of enactment of this Act, shall make or update
            any determination of ``significant progress'' or ``no
            significant progress'' in meeting the minimum requirements of
            fiscal transparency, and make such determinations publicly
            available in an annual ``Fiscal Transparency Report'' to be
            posted on the Department of State website:  Provided, That such
            report shall include the elements included under this section in
            House Report 117-401.
                (3) Assistance.--Not less than $7,000,000 of the funds
            appropriated by this Act under the heading ``Economic Support
            Fund'' shall be made available for programs and activities to
            assist governments identified pursuant to paragraph (1) to
            improve budget transparency and to support civil society
            organizations in such countries that promote budget
            transparency.

    [[Page 136 STAT. 5026]]

        (c) <<NOTE: 8 USC 1182 note.>>  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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Termination date. Time period. List.>>
            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

    [[Page 136 STAT. 5027]]

            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

    [[Page 136 STAT. 5028]]

            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 <<NOTE: Determination. Negotiation>>  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

    [[Page 136 STAT. 5029]]

    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) <<NOTE: 22 USC 8201 note.>>  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, <<NOTE: Consultation. Notification.>> That such
    funds shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided
    further, That such programs shall hereafter be collectively named the
    ``David E. Price Legislative Strengthening Program''.

                         international religious freedom

        Sec. 7033. (a) International Religious Freedom Office.--Funds
    appropriated by this Act under the heading ``Diplomatic Programs'' shall
    be made available for the Office of International Religious Freedom,
    Department of State.
        (b) Assistance.--Funds appropriated by this Act under the headings
    ``Economic Support Fund'', ``Democracy Fund'', and ``International
    Broadcasting Operations'' shall be made available for international
    religious freedom programs and funds appropriated by this Act under the
    headings ``International Disaster Assistance'' and ``Migration and
    Refugee Assistance'' shall be made available for humanitarian assistance
    for vulnerable and persecuted ethnic and religious minorities:
    Provided, <<NOTE: Consultation.>> 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) <<NOTE: Extension.>> 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.

    [[Page 136 STAT. 5030]]

                               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) <<NOTE: Notification.>>  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) <<NOTE: Consultation. Notification.>> 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'',

    [[Page 136 STAT. 5031]]

            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) <<NOTE: Consultation. Notification.>> 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, <<NOTE: Deadline. Federal Register, publication.>> 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, <<NOTE: Consultation.>> 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

    [[Page 136 STAT. 5032]]

            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) <<NOTE: Consultation.>> 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: <<NOTE: Notification.>>
    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) <<NOTE: President.>> 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, <<NOTE: Reports.>> 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 <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>> 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) <<NOTE: Extension.>> 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) <<NOTE: 5 USC 5753 note.>> Incentives for critical
            posts.--The authority contained in section 1115(d) of the
            Supplemental Appropriations

    [[Page 136 STAT. 5033]]

            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.-- <<NOTE: Time period.>> 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) <<NOTE: 8 USC 1715 note.>> 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 <<NOTE: Deadline. Web
            posting. Procedures. Guidelines.>>  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: <<NOTE: Oversight.>>   Provided further, That the
            Secretary of State and USAID Administrator shall regularly--

    [[Page 136 STAT. 5034]]

                        (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) <<NOTE: Consultation.>>  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 <<NOTE: Notification.>>  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) <<NOTE: Foreign countries.>> 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) <<NOTE: Deadline. President. Designation.>> 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.--

    [[Page 136 STAT. 5035]]

                (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) <<NOTE: Definition. Time period. 22 USC 2152i
            note.>> 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) <<NOTE: Waiver authority. Consultation.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Updates. Termination date.>>  That such report shall be
    updated every 60 days until September 30, 2024.

        (s) Definitions.--
                (1) <<NOTE: 8 USC 1182 note.>> 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) <<NOTE: 22 USC 262h note.>> 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

    [[Page 136 STAT. 5036]]

            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) <<NOTE: 22 USC 2152i note.>> USAID.--In this Act, the
            term ``USAID'' means the United States Agency for International
            Development.

                          law enforcement and security

        Sec. 7035. (a) Assistance.--
                (1) Community-based police assistance.--Funds made available
            under titles III and IV of this Act to carry out the provisions
            of chapter 1 of part I and chapters 4 and 6 of part II of the
            Foreign Assistance Act of 1961, may be used, notwithstanding
            section 660 of that Act, to enhance the effectiveness and
            accountability of civilian police authority through training and
            technical assistance in human rights, the rule of law, anti-
            corruption, strategic planning, and through assistance to foster
            civilian police roles that support democratic governance,
            including assistance for programs to prevent conflict, respond
            to disasters, address gender-based violence, and foster improved
            police relations with the communities they serve.
                (2) Combat casualty care.--
                        (A) Consistent with the objectives of the Foreign
                    Assistance Act of 1961 and the Arms Export Control Act,
                    funds appropriated by this Act under the headings
                    ``Peacekeeping Operations'' and ``Foreign Military
                    Financing Program'' shall be made available for combat
                    casualty training and equipment in an amount above the
                    prior fiscal year.
                        (B) The Secretary of State shall offer combat
                    casualty care training and equipment as a component of
                    any package of lethal assistance funded by this Act with
                    funds appropriated under the headings ``Peacekeeping
                    Operations'' and ``Foreign Military Financing
                    Program'': <<NOTE: Applicability. Determination.>>
                    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

    [[Page 136 STAT. 5037]]

                    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, <<NOTE: Consultation. Deadline.>> 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) <<NOTE: Extension.>>  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) <<NOTE: Notification. Israel. Egypt. President. Determination
            .>> 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

    [[Page 136 STAT. 5038]]

            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) <<NOTE: Consultation. Compliance.>> 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) <<NOTE: Notification.>> 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

    [[Page 136 STAT. 5039]]

                    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) <<NOTE: Determinations.>> 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) <<NOTE: Definition.>> 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 <<NOTE: Consultation. Deadline.>>  the USAID Administrator shall
    consult with the Committees

    [[Page 136 STAT. 5040]]

    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. <<NOTE: Determination. Certification.>> (a) Limitation on
    Assistance.--None of the funds appropriated under titles III through VI
    of this Act may be provided to support a Palestinian state unless the
    Secretary of State determines and certifies to the appropriate
    congressional committees that--
                (1) the governing entity of a new Palestinian state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel; and
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgment of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through measures
                    including the establishment of demilitarized zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.

        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
        (c) <<NOTE: President. Determination.>> 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.

    [[Page 136 STAT. 5041]]

                      assistance for the west bank and gaza

        Sec. 7039. <<NOTE: Time
    period. Deadline. Certification. Procedures. Records. Review.>>  (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) <<NOTE: Terrorism. Determinations.>> 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, <<NOTE: Procedures. Termination.>> 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) <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 5042]]

        (d) Oversight by the United States Agency for International
    Development.--

            (1) <<NOTE: Audits. Contracts. Grants. Deadline. Compliance.>> Th
            e 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 <<NOTE: Investigation.>> 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) <<NOTE: Compliance.>>  the extent to which such Program
            complies with the requirements of subsections (b) and (c); and
                (2) <<NOTE: Examination.>>  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. <<NOTE: President.>> (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) <<NOTE: Certification.>>  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.

    [[Page 136 STAT. 5043]]

        (e) <<NOTE: Reports.>>  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) <<NOTE: Certification. Reports. Compliance.>>
            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) <<NOTE: Reports. Compliance.>> 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

    [[Page 136 STAT. 5044]]

            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) <<NOTE: Reports.>>  Foreign military financing
            program.--
                        (A) <<NOTE: Consultation. Notification.>>
                    Certification.--Of the funds appropriated by this Act
                    under the heading ``Foreign Military Financing
                    Program'', $1,300,000,000, to remain available until
                    September 30, 2024, should be made available for
                    assistance for Egypt:  Provided, That such funds may be
                    transferred to an interest bearing account in the
                    Federal Reserve Bank of New York, following consultation
                    with the Committees on Appropriations, and the uses of
                    any interest earned on such funds shall be subject to
                    the regular notification procedures of the Committees on
                    Appropriations: <<NOTE: Human rights.>>   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) <<NOTE: Compliance.>> 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).

    [[Page 136 STAT. 5045]]

                        (B <<NOTE: Determination.>> ) 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) <<NOTE: Determination. Political
                    prisoners. Detainees.>>  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

    [[Page 136 STAT. 5046]]

                    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) <<NOTE: Disbursement. Deadline.>> 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) <<NOTE: Consultation. Lebanese Internal Security
                    Forces. Lebanese Armed Forces.>> 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) <<NOTE: Terrorism.>> 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

    [[Page 136 STAT. 5047]]

                          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, <<NOTE: Spend plan.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Applicability.>> 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.--

    [[Page 136 STAT. 5048]]

                (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) <<NOTE: Determination.>>  may not be made
                    available for activities that further the strategic
                    objectives of the Government of the Russian Federation
                    that the Secretary of State determines may threaten or
                    undermine United States national security interests; and
                        (C) <<NOTE: Bashar al-Assad.>> 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) <<NOTE: Consultation.>> 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

    [[Page 136 STAT. 5049]]

            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) <<NOTE: Waiver
                    authority. Certification. Reports.>> 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) <<NOTE: President. Waiver
                    authority. Determination. Certification.>> 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) <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5050]]

                    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) <<NOTE: Applicability.>> 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.--
    <<NOTE: Determination. Reports.>> 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) <<NOTE: Lord's Resistance Army. Child soldiers.>> 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) <<NOTE: Ebola.>> 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

    [[Page 136 STAT. 5051]]

    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, <<NOTE: Consultation.>> 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) <<NOTE: Certification. Reports. 22 USC 2151 note.>>  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

    [[Page 136 STAT. 5052]]

            promote democracy, unless the Secretary of State certifies and
            reports to the Committees on Appropriations that the rule of law
            has been restored, including respect for ownership and title to
            property, and freedoms of expression, association, and assembly.
                (2) Limitation.--None of the funds appropriated by this Act
            shall be made available for assistance for the central
            Government of Zimbabwe, except for health and education, unless
            the Secretary of State certifies and reports as required in
            paragraph (1).

                            east asia and the pacific

        Sec. 7043. (a) Burma.--
                (1) Uses of funds.--Of the funds appropriated by this Act,
            not less than $136,127,000 shall be made available for
            assistance for Burma, which--
                        (A) <<NOTE: Consultations.>>  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) <<NOTE: Human rights.>> 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) <<NOTE: Determination.>> 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.

    [[Page 136 STAT. 5053]]

                (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) <<NOTE: Reports.>> 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) <<NOTE: Consultation.>> 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,

    [[Page 136 STAT. 5054]]

            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: <<NOTE: Allocation.>>
            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: <<NOTE: Transfer authority.>>   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, <<NOTE: Notification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Agent Orange.>> 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 <<NOTE: Assessments. Determination.>> Orange:  Provided, That
    funds made available pursuant to this subsection may be used, in
    consultation with the Government of Laos, for assessments

    [[Page 136 STAT. 5055]]

    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) <<NOTE: Determination. Reports.>> 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: <<NOTE: Waiver authority. Determination.>>
            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, <<NOTE: Applicability.>> 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) <<NOTE: Consultation.>> Pacific Islands Countries.--
                (1) Operations.--Funds appropriated under title I in this
            Act and prior Acts making appropriations for the Department of
            State, foreign operations, and related programs may be made
            available for establishing and operating diplomatic facilities
            in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to
            section 7015(a)(3) of this Act and following consultation with
            the Committees on Appropriations.
                (2) Assistance.--Of the funds appropriated by this Act under
            the headings ``Development Assistance'', ``Economic Support
            Fund'', ``International Narcotics Control and Law Enforcement",
            "Nonproliferation, Anti-terrorism, Demining and Related
            Programs'', and ``Foreign Military Financing Program'', not less
            than $150,000,000 shall be made available for assistance for
            Pacific Islands countries, as specified under this section in
            the explanatory statement described in section 4 (in the matter
            preceding division A of this consolidated Act), following
            consultation with the Committees on Appropriations:  Provided,
            That funds made available pursuant to this paragraph shall be
            made available for joint development and security programs
            between the United States and such countries in coordination
            with regional allies and partners, including Taiwan.

        (g) People's Republic of China.--

    [[Page 136 STAT. 5056]]

                (1) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Update.>> 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

    [[Page 136 STAT. 5057]]

            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) <<NOTE: Deadline.>>  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: <<NOTE: Notification.>>   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,

    [[Page 136 STAT. 5058]]

                    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) <<NOTE: Agent Orange.>> $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) <<NOTE: Ante, p. 650.>> 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, <<NOTE: Consultation.>> 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.

    [[Page 136 STAT. 5059]]

                (4) Report.--Not later than 45 days after the date of
            enactment of this Act, the Secretary of State and the USAID
            Administrator shall submit a report to the appropriate
            congressional committees detailing plans, consistent with the
            restriction contained in paragraph (1), to--
                        (A) protect and strengthen the rights of Afghan
                    women and girls;
                        (B) support higher education programs, including
                    continued support for the American University of
                    Afghanistan's (AUAF) online programs and support for
                    other higher education institutions in South Asia and
                    the Middle East that are hosting AUAF and other Afghan
                    students;
                        (C) support Afghan civil society activists,
                    journalists, and independent media, including in third
                    countries; and
                        (D) support health, education, including community-
                    based education, and other programs to address the basic
                    needs of the people of Afghanistan.

        (b) Bangladesh.--Of the funds appropriated under titles III and IV
    of this Act that are made available for assistance for Bangladesh--
                (1) not less than $23,500,000 shall be made available to
            address the needs of communities impacted by refugees from
            Burma;
                (2) not less than $10,000,000 shall be made available for
            programs to protect freedom of expression and association, and
            the right of due process; and
                (3) not less than $23,300,000 shall be made available for
            democracy programs.

        (c) Nepal.--Funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'' that are made available for
    assistance for Nepal shall only be made available for humanitarian and
    disaster relief and reconstruction activities, and in support of
    international peacekeeping operations, military professionalization and
    training, and border security activities:
    Provided, <<NOTE: Certification. Reports. Human rights.>>  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) <<NOTE: Reports.>>  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

    [[Page 136 STAT. 5060]]

                          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) <<NOTE: Consultation.>>  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) <<NOTE: Reports. Shakil Afridi.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Human rights.>>  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

    [[Page 136 STAT. 5061]]

                        (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, <<NOTE: Migration.>>  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

    [[Page 136 STAT. 5062]]

            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, <<NOTE: Consultation.>>  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, <<NOTE: Notification.>>  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) <<NOTE: Certification. Reports.>>  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,

    [[Page 136 STAT. 5063]]

                          and improving the transparency of political
                          campaign and political party financing;
                              (iii) protecting the rights of human rights
                          defenders, trade unionists, journalists, civil
                          society groups, opposition political parties, and
                          the independence of the media;
                              (iv) providing effective and accountable law
                          enforcement and security for its citizens,
                          curtailing the role of the military in public
                          security, and upholding due process of law;
                              (v) implementing programs to reduce violence
                          against women and girls;
                              (vi) implementing policies to reduce poverty
                          and promote economic growth and opportunity,
                          including the implementation of reforms to
                          strengthen educational systems, vocational
                          training programs, and programs for at-risk youth;
                              (vii) improving border security and combating
                          human smuggling and trafficking and countering the
                          activities of criminal gangs, drug traffickers,
                          and transnational criminal organizations;
                              (viii) informing its citizens of the dangers
                          of the journey to the southwest border of the
                          United States; and
                              (ix) implementing policies that improve the
                          environment for foreign investment, including
                          executing tax reform in a transparent manner,
                          ensuring effective legal mechanisms for
                          reimbursements of tax refunds owed to United
                          States businesses, and resolving disputes
                          involving the confiscation of real property of
                          United States entities.
                        (B) Reprogramming.--If the Secretary is unable to
                    make the certification required by subparagraph (A) for
                    one or more of the central governments, such assistance
                    shall be reprogrammed for assistance for civil society
                    organizations in such country, or for other countries in
                    Latin America and the Caribbean, notwithstanding the
                    funding provisions in this subsection and the
                    limitations in section 7019 of this Act:
                    Provided, <<NOTE: Notification.>>  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.--

    [[Page 136 STAT. 5064]]

                (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) <<NOTE: Certifications. Reports.>>  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;

    [[Page 136 STAT. 5065]]

                                        (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.

    [[Page 136 STAT. 5066]]

                (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, <<NOTE: Applicability.>>  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) <<NOTE: Consultation. Notification.>>  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

    [[Page 136 STAT. 5067]]

    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, <<NOTE: President. Determination.>>  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, <<NOTE: Consultation.>>  That prior to
    executing the authority contained in the previous proviso, the Secretary
    of State shall consult with the Committees on Appropriations on how such
    assistance supports the national security interest of the United States.

        (c) Section 907 of the FREEDOM Support Act.--Section 907 of the
    FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
            section 1424 of the Defense Against Weapons of Mass Destruction
            Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961;
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his or
            her official capacity;
                (4) any insurance, reinsurance, guarantee, or other
            assistance provided by the United States International
            Development Finance Corporation as authorized by the BUILD Act
            of 2018 (division F of Public Law 115-254);
                (5) any financing provided under the Export-Import Bank Act
            of 1945 (Public Law 79-173); or
                (6) humanitarian assistance.

        (d) <<NOTE: Determination. Reports.>>  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.--

    [[Page 136 STAT. 5068]]

                (1) <<NOTE: Determination. Reports.>>  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, <<NOTE: Waiver
            authority.>>  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) <<NOTE: Determination. Reports.>>  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, <<NOTE: Web posting. List.>>  That the
            Secretary shall publish on the Department of State website a
            list of any such central governments in a timely manner:
            Provided further, <<NOTE: Waiver
            authority. Determination. Reports.>>  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.

    [[Page 136 STAT. 5069]]

                (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. <<NOTE: Reports. Web postings.>>  (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''--

    [[Page 136 STAT. 5070]]

                (1) <<NOTE: Reports. Web postings.>>  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) <<NOTE: Determinations. Terrorism.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Determination. Reports. Israel.>>  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

    [[Page 136 STAT. 5071]]

    interest of the United States and that such Council is taking
    significant steps to remove Israel as a permanent agenda item and ensure
    integrity in the election of members to such Council:  Provided, That
    such report shall include a description of the national interest served
    and the steps taken to remove Israel as a permanent agenda item and
    ensure integrity in the election of members to such Council:  Provided
    further, <<NOTE: Resolution. Time period.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Procedure.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Compliance.>>  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.-- <<NOTE: Updates.>> Not later than 45 days after the
    date of enactment of this Act, the Secretary of State shall submit a
    report to the

    [[Page 136 STAT. 5072]]

    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, <<NOTE: Consultation. Notification.>>  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.--
    <<NOTE: Determinations.>> 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, <<NOTE: Notification. Deadline.>>  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, <<NOTE: Reports. Consultation.>>  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) <<NOTE: Notification.>>  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.  <<NOTE: President. Determination. Drawdown. United
    Nations.>>  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

    [[Page 136 STAT. 5073]]

    552(c):  Provided further, <<NOTE: Notification.>>  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, <<NOTE: Coordination. Assessment.>>  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

    [[Page 136 STAT. 5074]]

                    in order to share information, technologies, and best
                    practices, and to assess the effectiveness of such
                    technologies; and
                        (E) made available only with the concurrence of the
                    Assistant Secretary for Democracy, Human Rights, and
                    Labor, Department of State, that such funds are
                    allocated consistent with--
                              (i) the strategies referenced in subparagraph
                          (B) of this paragraph;
                              (ii) best practices regarding security for,
                          and oversight of, Internet freedom programs; and
                              (iii) sufficient resources and support for the
                          development and maintenance of anti-censorship
                          technology and tools.
                (2) United states agency for global media.--Funds
            appropriated by this Act under the heading ``International
            Broadcasting Operations'' that are made available pursuant to
            subsection (a) shall be--
                        (A) made available only for open-source tools and
                    techniques to securely develop and distribute USAGM
                    digital content, facilitate audience access to such
                    content on websites that are censored, coordinate the
                    distribution of USAGM digital content to targeted
                    regional audiences, and to promote and distribute such
                    tools and techniques, including digital security
                    techniques;
                        (B) coordinated by the USAGM CEO, in consultation
                    with the OTF President, with programs funded by this Act
                    under the heading ``International Broadcasting
                    Operations'', and shall be incorporated into country
                    broadcasting strategies, as appropriate;
                        (C) coordinated by the USAGM CEO, in consultation
                    with the OTF President, to solicit project proposals
                    through an open, transparent, and competitive process,
                    seek input from technical and subject matter experts to
                    select proposals, and support Internet circumvention
                    tools and techniques for audiences in countries that are
                    strategic priorities for the OTF and in a manner
                    consistent with the United States Government Internet
                    freedom strategy; and
                        (D) <<NOTE: Evaluation.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5075]]

    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, <<NOTE: Review. Updates.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Applicability. Determination.>>  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, <<NOTE: Consultation. Notification.>>  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

    [[Page 136 STAT. 5076]]

            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) <<NOTE: Applicability.>>  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.  <<NOTE: Applicability.>>  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. <<NOTE: Applicability.>>  (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) <<NOTE: Applicability.>>  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.

    [[Page 136 STAT. 5077]]

        (c) <<NOTE: Certification.>>  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. <<NOTE: President. Plans. Time period. Advance notice.>>  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) <<NOTE: Transfer authority. Notification.>>  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) <<NOTE: Abortion.>>  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

    [[Page 136 STAT. 5078]]

            available to UNFPA after March 1 for obligation for the
            remainder of the fiscal year in which the report is submitted.

                            global health activities

        Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
    of this Act that are made available for bilateral assistance for child
    survival activities or disease programs including activities relating to
    research on, and the prevention, treatment and control of, HIV/AIDS may
    be made available notwithstanding any other provision of law except for
    provisions under the heading ``Global Health Programs'' and the United
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided,
    That of the funds appropriated under title III of this Act, not less
    than $575,000,000 should be made available for family planning/
    reproductive health, including in areas where population growth
    threatens biodiversity or endangered species.
        (b) Pandemics and Other Infectious Disease Outbreaks.--
                (1) Global health security.--Funds appropriated by this Act
            under the heading ``Global Health Programs'' shall be made
            available for global health security programs to accelerate the
            capacity of countries to prevent, detect, and respond to
            infectious disease outbreaks, including by strengthening public
            health capacity where there is a high risk of emerging zoonotic
            infectious diseases:
            Provided, <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Determination. Reports.>>  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):

    [[Page 136 STAT. 5079]]

             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) <<NOTE: China.>>  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, <<NOTE: Consultation.>>  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) <<NOTE: 22 USC 2151-2 note.>>  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.

    [[Page 136 STAT. 5080]]

        (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) <<NOTE: 22 USC 2151c note.>>  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 <<NOTE: Implementation.>>  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, <<NOTE: Notification.>>  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, <<NOTE: Deadline. Consultation.>>  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

    [[Page 136 STAT. 5081]]

            available for scholar rescue programs, including for scholars
            from Afghanistan, Burma, Ethiopia, the Russian Federation,
            Ukraine, and Yemen:
            Provided, <<NOTE: Consultation. Deadline.>>  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, <<NOTE: Coordination.>>  That funds made
    available by this Act under the headings ``Development Assistance'',
    ``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
    Central Asia'' that are made available for activities to combat
    trafficking in persons should be obligated and programmed consistent
    with the country-specific recommendations included in the annual
    Trafficking in Persons Report, and shall be coordinated with the Office
    to Monitor and Combat Trafficking in Persons, Department of State.

        (f) Reconciliation Programs.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $25,000,000
    shall be made available to support people-to-

    [[Page 136 STAT. 5082]]

    people reconciliation programs which bring together individuals of
    different ethnic, racial, religious, and political backgrounds from
    areas of civil strife and war:
    Provided, <<NOTE: Consultation. Notification.>>  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, <<NOTE: Proposals.>>  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, <<NOTE: Consultation.>>  That any deviations proposed
    subsequent to the submission of such report shall be subject to prior
    consultation with such Committees:  Provided
    further, <<NOTE: Reports.>>  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) <<NOTE: Determination. Poaching. Reports.>>  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.

    [[Page 136 STAT. 5083]]

        (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, <<NOTE: Consultation.>>  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) <<NOTE: Implementation.>>  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).

    [[Page 136 STAT. 5084]]

                                budget documents

        Sec. 7062. <<NOTE: Deadlines.>>  (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, <<NOTE: Notification.>>  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

    [[Page 136 STAT. 5085]]

    for fiscal year 2024:  Provided, <<NOTE: Appendices.>>  That the
    appendices for such justification shall be provided to the Committees on
    Appropriations not later than 10 calendar days thereafter.

                                 reorganization

        Sec. 7063. (a) Prior Consultation and Notification.--Funds
    appropriated by this Act, prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, or any
    other Act may not be used to implement a reorganization, redesign, or
    other plan described in subsection (b) by the Department of State, the
    United States Agency for International Development, or any other Federal
    department, agency, or organization funded by this Act without prior
    consultation by the head of such department, agency, or organization
    with the appropriate congressional committees:  Provided, That such
    funds shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That any such
    notification submitted to such Committees shall include a detailed
    justification for any proposed action:  Provided further, That
    congressional notifications submitted in prior fiscal years pursuant to
    similar provisions of law in prior Acts making appropriations for the
    Department of State, foreign operations, and related programs may be
    deemed to meet the notification requirements of this section.
        (b) Description of Activities.--Pursuant to subsection (a), a
    reorganization, redesign, or other plan shall include any action to--
                (1) expand, eliminate, consolidate, or downsize covered
            departments, agencies, or organizations, including bureaus and
            offices within or between such departments, agencies, or
            organizations, including the transfer to other agencies of the
            authorities and responsibilities of such bureaus and offices;
                (2) expand, eliminate, consolidate, or downsize the United
            States official presence overseas, including at bilateral,
            regional, and multilateral diplomatic facilities and other
            platforms; or
                (3) expand or reduce the size of the permanent Civil
            Service, Foreign Service, eligible family member, and locally
            employed staff workforce of the Department of State and USAID
            from the staffing levels previously justified to the Committees
            on Appropriations for fiscal year 2023.

                         department of state management

        Sec. <<NOTE: Notification.>>  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) <<NOTE: Reports.>>  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

    [[Page 136 STAT. 5086]]

            grants management policies, procedures, and regulations, as
            applicable.
                (2) <<NOTE: Certification.>>  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) <<NOTE: Timeline.>>  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. <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: Expiration date.>>  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) <<NOTE: Notification.>>  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

    [[Page 136 STAT. 5087]]

    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 <<NOTE: Coordination. Consultation.>>  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

    [[Page 136 STAT. 5088]]

    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, <<NOTE: Allocation.>>  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, <<NOTE: Transfer authority.>>
    That funds appropriated under such headings may be transferred to, and
    merged with, funds appropriated under such headings for such purposes:
    Provided further, <<NOTE: Consultation. Notification.>>  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, <<NOTE: Consultation.>>  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.  <<NOTE: Notification.>>  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 136 STAT. 5089]]

               extension of consular fees and related authorities

        Sec. <<NOTE: Applicability. 22 USC 214 note.>>  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) <<NOTE: Transfer
    authorities. Determination. Reports. Consultation.>>  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. <<NOTE: Mexico. 22 USC 277j.>>   In fiscal year 2023 and
    in each fiscal year thereafter--

         (a) <<NOTE: Contracts. Determination.>>  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

    [[Page 136 STAT. 5090]]

    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) <<NOTE: Contracts.>>  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) <<NOTE: Notification.>>  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.  <<NOTE: President. Determination. Reports.>>  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

    [[Page 136 STAT. 5091]]

    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, <<NOTE: Termination date.>>  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) <<NOTE: Reports.>>  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. <<NOTE: 22 USC 284dd.>>  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:

    [[Page 136 STAT. 5092]]

    ``SEC. 37. <<NOTE: 22 USC 285hh.>>  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) <<NOTE: Saddam Hussein. Slobodan Milosovic. Osama bin
    Laden.>>  Assistance.--Nothing in this title shall prohibit the United
    States from rendering assistance to international efforts to bring to
    justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other
    members of Al Queda, leaders of Islamic Jihad, and other foreign
    nationals accused of genocide, war crimes or crimes against humanity, or
    from rendering assistance to the International Criminal Court to assist
    with investigations and prosecutions of foreign nationals related to the
    Situation in Ukraine, including to support victims and witnesses.

        ``(b) Authority.--Assistance made available pursuant to subsection
    (a) of this section may be made available notwithstanding section 705 of
    the Foreign Relations Authorization Act, Fiscal Year 2000 and 2001 (22
    U.S.C. 7401), except that none of the funds made available pursuant to
    this subsection may be made available for the purpose of supporting
    investigations or prosecutions of U.S. servicemembers or other covered
    United States persons or covered allied persons as such terms are
    defined in section 2013 of this Act.
        ``(c) <<NOTE: Deadline.>>  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) <<NOTE: 22 USC 7423 note.>>  Rule of Construction.--Nothing in
    this section may be construed to modify the existing roles or
    authorities of any Federal agency or official.

    [[Page 136 STAT. 5093]]

                                   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-- <<NOTE: Transportation, Housing and Urban Development, and
    Related Agencies Appropriations Act, 2022.>> TRANSPORTATION, HOUSING AND
    URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023

        TITLE I <<NOTE: Department of Transportation Appropriations Act,
    2022.>>

                          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;

    [[Page 136 STAT. 5094]]

                (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, <<NOTE: Transfer authority.>>  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 <<NOTE: Notice. Funding approval.>>  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, <<NOTE: Allocation. Determination.>>  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, <<NOTE: Continuance. 49 USC 112 note.>>  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)

    [[Page 136 STAT. 5095]]

    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, <<NOTE: Grants.>>  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, <<NOTE: Distribution.>>  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, <<NOTE: Allocations. Urban and rural areas.>>  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, <<NOTE: Determination. Urban and rural areas.>>  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, <<NOTE: Contracts.>>  That the Secretary of Transportation
    shall make such

    [[Page 136 STAT. 5096]]

    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, <<NOTE: Contracts.>>
    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, <<NOTE: Contracts.>>
    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, <<NOTE: Contracts.>>
    That such cooperative agreements shall facilitate the planning and
    development of transportation and community revitalization activities
    supported by the Department of Transportation under titles 23, 46, and
    49, United States Code, that increase mobility, reduce pollution from
    transportation sources, expand affordable transportation options,
    facilitate efficient land use, preserve or expand jobs, improve housing
    conditions, enhance connections to health care, education, and food
    security, or improve health outcomes:  Provided further, That the
    Secretary may prioritize assistance provided with amounts made available
    under this heading to communities that have disproportionate rates of
    pollution and poor air quality, communities experiencing
    disproportionate effects (as defined by Executive Order No. 12898),
    areas of persistent poverty as defined in section 6702(a)(1) of title
    49, United States Code, or historically disadvantaged communities:
    Provided further, That the preceding proviso shall not prevent the
    Secretary from providing assistance with amounts made available under
    this heading to entities described in the second proviso under this
    heading that request assistance through the thriving communities
    program:  Provided further, That planning and technical assistance made
    available under this heading may include pre-application assistance for
    capital projects eligible under titles 23, 46, and 49, United States
    Code:  Provided further, That the Secretary may retain amounts made
    available under this heading for the necessary administrative expenses
    of (1) developing and disseminating best practices, modeling, and cost-
    benefit analysis methodologies to assist entities described in the
    second proviso under this heading with applications for financial
    assistance programs under titles 23, 46, and 49, United States Code, and
    (2) award, administration, and oversight of cooperative agreements to
    carry out the provisions under this heading:  Provided further, That
    such amounts and payments as may be necessary to carry out the thriving
    communities program may be transferred to appropriate accounts of other
    operating administrations within the Department of Transportation:
    Provided further, <<NOTE: Notifications. Deadline.>>  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.

    [[Page 136 STAT. 5097]]

          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, <<NOTE: Fees.>>  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 <<NOTE: Loans.>>  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

    [[Page 136 STAT. 5098]]

    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, <<NOTE: Assessments. Notifications. Approvals.>>  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, <<NOTE: Determination.>>  That in determining between

    [[Page 136 STAT. 5099]]

    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, <<NOTE: Reimbursements.>>  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.  <<NOTE: Assessments. Contracts.>>  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.  <<NOTE: Web posting. Public
    information. Requirement. Records.>>  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.  <<NOTE: Reimbursements. Transit benefits.>>  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, <<NOTE: Time period.>>  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, <<NOTE: Reimbursement.>>  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

    [[Page 136 STAT. 5100]]

    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. <<NOTE: Retention bonuses. Advance approval.>>   None of
    the funds in this title may be obligated or expended for retention or
    senior executive bonuses for an employee of the Department of
    Transportation without the prior written approval of the Assistant
    Secretary for Administration.

        Sec. 106.  In addition to authority provided by section 327 of title
    49, United States Code, the Department's Administrative Working Capital
    Fund is hereby authorized to transfer information technology equipment,
    software, and systems from Departmental sources or other entities and
    collect and maintain a reserve at rates which will return full cost of
    transferred assets.
        Sec. 107.  <<NOTE: Deadline. Notification.>>  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

    [[Page 136 STAT. 5101]]

    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, <<NOTE: Determination.>>  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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5102]]

    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, <<NOTE: Transfer authority.>>  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, <<NOTE: Reports. 49 USC 44506 note.>>  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, <<NOTE: Reports. Reduction.>>  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, <<NOTE: Reports. Estimates. 49 USC 44502 note.>>  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, <<NOTE: Reduction.>>  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, <<NOTE: Grants. Contracts. Nonprofits. Aviation safety.>>  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, <<NOTE: Regulations.>>  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

    [[Page 136 STAT. 5103]]

    appropriation, as offsetting collections, funds received from States,
    counties, municipalities, foreign authorities, other public authorities,
    and private sources for expenses incurred in the provision of agency
    services, including receipts for the maintenance and operation of air
    navigation facilities, and for issuance, renewal or modification of
    certificates, including airman, aircraft, and repair station
    certificates, or for tests related thereto, or for processing major
    repair or alteration forms:  Provided further, That of the amounts made
    available under this heading, not less than $187,800,000 shall be used
    to fund direct operations of the current air traffic control towers in
    the contract tower program, including the contract tower cost share
    program, and any airport that is currently qualified or that will
    qualify for the program during the fiscal year:  Provided further, That
    none of the funds made available by this Act for aeronautical charting
    and cartography are available for activities conducted by, or
    coordinated through, the Working Capital Fund:  Provided further, That
    none of the funds appropriated or otherwise made available by this Act
    or any other Act may be used to eliminate the Contract Weather Observers
    program at any airport.

                            facilities and equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of national airspace systems and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of necessary
    sites by lease or grant; engineering and service testing, including
    construction of test facilities and acquisition of necessary sites by
    lease or grant; construction and furnishing of quarters and related
    accommodations for officers and employees of the Federal Aviation
    Administration stationed at remote localities where such accommodations
    are not available; and the purchase, lease, or transfer of aircraft from
    funds made available under this heading, including aircraft for aviation
    regulation and certification; to be derived from the Airport and Airway
    Trust Fund, $2,945,000,000, of which $570,000,000 is for personnel and
    related expenses and shall remain available until September 30, 2024,
    $2,221,200,000 shall remain available until September 30, 2025, and
    $153,800,000 is for terminal facilities and shall remain available until
    September 30, 2027:  Provided, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    other public authorities, and private sources, for expenses incurred in
    the establishment, improvement, and modernization of national airspace
    systems:  Provided further, <<NOTE: Deadline. Investment plan. Time
    period.>>  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, <<NOTE: Applicability.>>
    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

    [[Page 136 STAT. 5104]]

    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, <<NOTE: Advance approval. Transfer authority.>>  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, <<NOTE: Transfer authority.>>  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.

    [[Page 136 STAT. 5105]]

                           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, <<NOTE: Request for proposals.>>  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

    [[Page 136 STAT. 5106]]

    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, <<NOTE: Determination.>> 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.

    [[Page 136 STAT. 5107]]

        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.  <<NOTE: Reimbursement.>>  The Administrator of the
    Federal Aviation Administration may reimburse amounts made available to
    satisfy section 41742(a)(1) of title 49, United States Code, from fees
    credited under section 45303 of title 49, United States Code, and any
    amount remaining in such account at the close of any fiscal year may be
    made available to satisfy section 41742(a)(1) of title 49, United States
    Code, for the subsequent fiscal year.

        Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes as such appropriation.
        Sec. 114.  None of the funds made available by this Act shall be
    available for paying premium pay under section 5546(a) of title 5,
    United States Code, to any Federal Aviation Administration employee
    unless such employee actually performed work during the time
    corresponding to such premium pay.
        Sec. 115.  None of the funds made available by this Act may be
    obligated or expended for an employee of the Federal Aviation
    Administration to purchase a store gift card or gift certificate through
    use of a Government-issued credit card.
        Sec. 116.  Notwithstanding any other provision of law, none of the
    funds made available under this Act or any prior Act may be used to
    implement or to continue to implement any limitation on the ability of
    any owner or operator of a private aircraft to obtain, upon a request to
    the Administrator of the Federal Aviation Administration, a blocking of
    that owner's or operator's aircraft registration number, Mode S
    transponder code, flight identification, call sign, or similar
    identifying information from any ground based display to the public that
    would allow the real-time or near real-time flight tracking of that
    aircraft's movements, except data made available to a Government agency,
    for the noncommercial flights of that owner or operator.
        Sec. 117.  None of the funds made available by this Act shall be
    available for salaries and expenses of more than nine political and
    Presidential appointees in the Federal Aviation Administration.
        Sec. 118.  <<NOTE: Fees. Reports.>>  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.  <<NOTE: Advance notice.>>  None of the funds made
    available by this Act may be used to close a regional operations center
    of the Federal Aviation

    [[Page 136 STAT. 5108]]

    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.  <<NOTE: New Jersey.>>  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.  <<NOTE: Determination.>>  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.  <<NOTE: Reprogramming request.>>  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.  <<NOTE: Reimbursement.>>  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.  <<NOTE: Time periods.>>  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.  <<NOTE: Reimbursement. President.>>  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, <<NOTE: Audit.>>  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.

    [[Page 136 STAT. 5109]]

                         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 <<NOTE: 23 USC 104 note.>>  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, <<NOTE: Applicability.>>  That, except for
    funds made available under this heading for the Northern Border Regional
    Commission and the

    [[Page 136 STAT. 5110]]

    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, <<NOTE: Definition.>>  That for the purposes of funds
            made available under this paragraph, the term ``Appalachian
            State'' means a State that contains 1 or more counties
            (including any political subdivision located within the area) in
            the Appalachian region as defined in section 14102(a) of title
            40, United States Code:  Provided further, That funds made
            available under this heading for construction of the Appalachian
            Development Highway System shall remain available until
            expended:  Provided further, That, except as provided in the
            following proviso, funds made available under this heading for
            construction of the Appalachian Development Highway System shall
            be administered as if apportioned under chapter 1 of title 23,
            United States Code:  Provided further, That a project carried
            out with funds made available under this heading for
            construction of the Appalachian Development Highway System shall
            be carried out in the same manner as a project under section
            14501 of title 40, United States Code:  Provided further, That
            subject to the following proviso, funds made available under
            this heading for construction of the Appalachian Development
            Highway System shall be apportioned to Appalachian States
            according to the percentages derived from the 2012 Appalachian
            Development Highway System Cost-to-Complete Estimate, adopted in
            Appalachian Regional Commission Resolution Number 736, and
            confirmed as each Appalachian State's relative share of the
            estimated remaining need to complete the Appalachian Development
            Highway System, adjusted to exclude those corridors that such
            States have no current plans to complete, as reported in the
            2013 Appalachian Development Highway System Completion Report,
            unless those States have modified and assigned a higher

    [[Page 136 STAT. 5111]]

            priority for completion of an Appalachian Development Highway
            System corridor, as reported in the 2020 Appalachian Development
            Highway System Future Outlook:  Provided
            further, <<NOTE: Apportionments.>>  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: <<NOTE: Consultation.>>  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, <<NOTE: Apportionment.>>  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, <<NOTE: Definitions.>>  That,
            for the purposes of funds made available under this paragraph,
            the term ``State''

    [[Page 136 STAT. 5112]]

            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, <<NOTE: Distribution.>>  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, <<NOTE: Calculation.>>  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, <<NOTE: Apportionment.>>  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, <<NOTE: Apportionment.>>  That, except as otherwise
            provided under this heading, the funds made available under this
            paragraph shall be administered as if apportioned under

    [[Page 136 STAT. 5113]]

            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, <<NOTE: Applicability.>>  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.

    [[Page 136 STAT. 5114]]

            administrative provisions--federal highway administration

        Sec. 120. <<NOTE: 23 USC 104 note.>>  (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) <<NOTE: Determination.>>  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) <<NOTE: Distribution. Applicability.>>  distribute the
            obligation limitation for Federal-aid highways, less the
            aggregate amounts not distributed under paragraphs (1) and (2),
            for each of the programs (other than programs to which paragraph
            (1) applies) that are allocated by the Secretary under
            authorized Federal-aid highway and highway safety construction
            programs, or apportioned by the Secretary under section 202 or
            204 of title 23, United States Code, by multiplying--
                        (A) the proportion determined under paragraph (3);
                    by
                        (B) the amounts authorized to be appropriated for
                    each such program for such fiscal year; and
                (5) <<NOTE: Distribution.>>  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

    [[Page 136 STAT. 5115]]

            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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  Redistribution of Unused Obligation
    Authority.--Notwithstanding subsection (a), the Secretary shall, after
    August 1 of such fiscal year--
                (1) <<NOTE: Revision.>>  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

    [[Page 136 STAT. 5116]]

            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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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.  <<NOTE: Reimbursement.>>  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. <<NOTE: Deadline. Waivers. Public information. Notice. 23
    USC 313 note.>>   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: <<NOTE: Web posting.>>   Provided,
    That the Secretary shall post on a website any waivers granted under the
    Buy America requirements.

        Sec. 123.  <<NOTE: Grants. Deadline. Notifications. Evaluation.>>
    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

    [[Page 136 STAT. 5117]]

    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, <<NOTE: Notification. Reports.>>  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. <<NOTE: Time period.>>  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) <<NOTE: Definition. Time period.>>  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) <<NOTE: Effective date. Applicability. Certifications.>>  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) <<NOTE: Reports.>>  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

    [[Page 136 STAT. 5118]]

    and programs pursuant to section 31110 of title 49, United States Code,
    as amended by the Infrastructure Investment and Jobs Act (Public Law
    117-58), $367,500,000, to be derived from the Highway Trust Fund (other
    than the Mass Transit Account), together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration, the sum of which shall remain available until expended:
    Provided, That funds available for implementation, execution, or
    administration of motor carrier safety operations and programs
    authorized under title 49, United States Code, shall not exceed total
    obligations of $367,500,000, for ``Motor Carrier Safety Operations and
    Programs'' for fiscal year 2023, of which $14,073,000, to remain
    available for obligation until September 30, 2025, is for the research
    and technology program, and of which not less than $63,098,000, to
    remain available for obligation until September 30, 2025, is for
    development, modernization, enhancement, and continued operation and
    maintenance of information technology and information management.

                           motor carrier safety grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out sections 31102,
    31103, 31104, and 31313 of title 49, United States Code, $506,150,000,
    to be derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended:  Provided, That funds
    available for the implementation or execution of motor carrier safety
    programs shall not exceed total obligations of $506,150,000 in fiscal
    year 2023 for ``Motor Carrier Safety Grants'':  Provided further, That
    of the amounts made available under this heading--
                (1) $398,500,000, to remain available for obligation until
            September 30, 2024, shall be for the motor carrier safety
            assistance program;
                (2) $42,650,000, to remain available for obligation until
            September 30, 2024, shall be for the commercial driver's license
            program implementation program;
                (3) $58,800,000, to remain available for obligation until
            September 30, 2024, shall be for the high priority program;
                (4) $1,200,000, to remain available for obligation until
            September 30, 2024, shall be for the commercial motor vehicle
            operators grant program; and
                (5) $5,000,000, to remain available for obligation until
            September 30, 2024, shall be for the commercial motor vehicle
            enforcement training and support grant program.

     administrative provisions--federal motor carrier safety administration

        Sec. 130.  <<NOTE: Notice. Mail.>>  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.

    [[Page 136 STAT. 5119]]

        Sec. <<NOTE: Update. Regulations. 49 USC 31142 note.>>  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

    [[Page 136 STAT. 5120]]

    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 <<NOTE: Notification. Deadline.>>  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

    [[Page 136 STAT. 5121]]

    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) <<NOTE: 49 USC 30111 note.>>  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;

    [[Page 136 STAT. 5122]]

                (2) not less than $25,000,000 shall be for projects eligible
            under section 22907(c)(11) of title 49, United States Code:
            Provided, That for amounts made available in this paragraph, the
            Secretary shall give preference to projects that are located in
            counties with the most pedestrian trespasser casualties;
                (3) $5,000,000 shall be for preconstruction planning
            activities and capital costs related to the deployment of
            magnetic levitation transportation projects;
                (4) $30,426,000 shall be made available for the purposes,
            and in amounts, specified for Community Project Funding/
            Congressionally Directed Spending in the table entitled
            ``Community Project Funding/Congressionally Directed Spending''
            included in the explanatory statement described in section 4 (in
            the matter preceding division A of this consolidated Act):
            Provided, That requirements under subsections (g) and (l) of
            section 22907 of title 49, United States Code, shall not apply
            to this paragraph:  Provided further, <<NOTE: Distribution.>>
            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, <<NOTE: Time period.>>  That unobligated
    balances remaining after 6 years from the date of enactment of this

    [[Page 136 STAT. 5123]]

    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

    [[Page 136 STAT. 5124]]

    (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 <<NOTE: 135 Stat. 1437.>>  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'':

    [[Page 136 STAT. 5125]]

      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, <<NOTE: Overtime. Amtrak. Waiver authority. Determination.>>
    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, <<NOTE: Reports. Summary. Time period.>>
    That the President of Amtrak shall report to the House and Senate
    Committees on Appropriations no later than 60 days after the date of
    enactment of this Act, a summary of all overtime payments incurred by
    Amtrak for 2022 and the 3 prior calendar years:  Provided further, That
    such summary shall include the total number of employees that received
    waivers and the total overtime payments Amtrak paid to employees
    receiving waivers for each month for 2022 and for the 3 prior calendar
    years.

        Sec. 156.  None of the funds made available to the National Railroad
    Passenger Corporation under the headings ``Northeast Corridor Grants to
    the National Railroad Passenger Corporation'' and ``National Network
    Grants to the National Railroad Passenger Corporation'' may be used to
    reduce the total number of Amtrak Police Department uniformed officers
    patrolling on board passenger trains or at stations, facilities or
    rights-of-way below the staffing level on May 1, 2019.
        Sec. 157.  It is the sense of Congress that--
                (1) long-distance passenger rail routes provide much-needed
            transportation access for 4,700,000 riders in 325 communities in
            40 States and are particularly important in rural areas; and
                (2) long-distance passenger rail routes and services should
            be sustained to ensure connectivity throughout the National
            Network (as defined in section 24102 of title 49, United States
            Code).

        Sec. 158.  State-supported routes operated by Amtrak. Section
    24712(a) of title 49, United States Code, is hereby amended by inserting
    after section 24712(a)(7) the following--
                ``(8) Staffing.--The Committee may--
                        ``(A) appoint, terminate, and fix the compensation
                    of an executive director and other Committee employees
                    necessary for the Committee to carry out its duties; and

    [[Page 136 STAT. 5126]]

                        ``(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, <<NOTE: Determination.>>  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, <<NOTE: Allocation.>>
    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, <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5127]]

    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 <<NOTE: Applicability. Approval.>>  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

    [[Page 136 STAT. 5128]]

            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, <<NOTE: Evaluation.>>  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

    [[Page 136 STAT. 5129]]

    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, <<NOTE: Continuation.>>  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 <<NOTE: Reports.>>  upon submission to the Congress of the fiscal
    year 2024 President's budget, the Secretary of Transportation shall
    transmit to Congress the annual report on capital investment grants,
    including proposed allocations for fiscal year 2024.

          grants to the washington metropolitan area transit authority

        For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of the Passenger Rail
    Investment and Improvement Act of 2008 (Public Law 110-432),
    $150,000,000, to remain available until expended:
    Provided, <<NOTE: Determination.>>  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.  <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 5130]]

        Sec. 162.  <<NOTE: Transfer authority.>>  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 <<NOTE: Allocations.>>  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) <<NOTE: Time period.>>  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, <<NOTE: Distribution.>>  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, <<NOTE: Allocation. Deadline.>>  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

    [[Page 136 STAT. 5131]]

    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 <<NOTE: Contracts.>>  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.

    [[Page 136 STAT. 5132]]

                             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, <<NOTE: Reports. Sexual assault and harassment.>>
    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

    [[Page 136 STAT. 5133]]

    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) <<NOTE: Determination.>>  $30,500,000 shall remain
            available until expended, for maintenance, repair, life
            extension, insurance, and capacity improvement of National
            Defense Reserve Fleet training ships, and for support of
            training ship operations at the State Maritime Academies, of
            which not more than $8,000,000 shall be for expenses related to
            training mariners, and for costs associated with training vessel
            sharing pursuant to section 51504(g)(3) of title 46, United
            States Code, for costs associated with mobilizing, operating and
            demobilizing the vessel; travel costs for students, faculty and
            crew; and the costs of the general agent, crew costs, fuel,
            insurance, operational fees, and vessel hire costs, as
            determined by the Secretary;
                (2) <<NOTE: Determination.>>  $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, <<NOTE: Reimbursement.>>  That such funds may be used to
    reimburse State Maritime Academies for costs incurred prior to the date
    of enactment of this Act.

                          assistance to small shipyards

        To make grants to qualified shipyards as authorized under section
    54101 of title 46, United States Code, $20,000,000, to remain available
    until expended.

                                  ship disposal

                         (including rescission of funds)

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $6,000,000, to remain available until expended:  Provided, That of the
    unobligated balances from prior year appropriations made available under
    this heading, $12,000,000 are hereby permanently rescinded.

    [[Page 136 STAT. 5134]]

               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, <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 5135]]

    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, <<NOTE: Requirements. Notifications. Deadline.>>  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, <<NOTE: Reports.>> 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): <<NOTE: Research plan. Approvals.>>   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.

    [[Page 136 STAT. 5136]]

                          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.

    [[Page 136 STAT. 5137]]

        (c) Any unmanned aircraft system purchased, procured, or contracted
    for by the Department prior to the date of enactment of this Act shall
    be deemed authorized by Congress as if this provision was in effect when
    the system was purchased, procured, or contracted for.
        Sec. 181.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by
    section 3109 of title 5, United States Code, but at rates for
    individuals not to exceed the per diem rate equivalent to the rate for
    an Executive Level IV.
        Sec. 182. (a) No recipient of amounts made available by this Act
    shall disseminate personal information (as defined in section 2725(3) of
    title 18, United States Code) obtained by a State department of motor
    vehicles in connection with a motor vehicle record as defined in section
    2725(1) of title 18, United States Code, except as provided in section
    2721 of title 18, United States Code, for a use permitted under section
    2721 of title 18, United States Code.
        (b) Notwithstanding subsection (a), the Secretary shall not withhold
    amounts made available by this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 183.  None of the funds made available by this Act shall be
    available for salaries and expenses of more than 125 political and
    Presidential appointees in the Department of Transportation:  Provided,
    That none of the personnel covered by this provision may be assigned on
    temporary detail outside the Department of Transportation.
        Sec. 184.  Funds received by the Federal Highway Administration and
    Federal Railroad Administration from States, counties, municipalities,
    other public authorities, and private sources for expenses incurred for
    training may be credited respectively to the Federal Highway
    Administration's ``Federal-Aid Highways'' account and to the Federal
    Railroad Administration's ``Safety and Operations'' account, except for
    State rail safety inspectors participating in training pursuant to
    section 20105 of title 49, United States Code.
        Sec. 185.
    <<NOTE: Loans. Contracts. Grants. Notifications. Deadline.>>  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, <<NOTE: List.>>  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, <<NOTE: Notifications.>>  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.

    [[Page 136 STAT. 5138]]

        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.  <<NOTE: Reprogramming notice. Approvals.>>
    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, <<NOTE: Deadline.>>  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.  <<NOTE: Contracts. Certification.>>  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.

    [[Page 136 STAT. 5139]]

        Sec. 191.  <<NOTE: Coordination. Contracts. Updates.>>  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 <<NOTE: Department of Housing and Urban Development
    Appropriations Act, 2022.>>

                   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

    [[Page 136 STAT. 5140]]

    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, <<NOTE: Time period. Notification. Reports.>>  That the
    Secretary shall provide the House and Senate Committees on
    Appropriations quarterly written notification regarding the status of
    pending congressional reports:  Provided further, <<NOTE: Reports.>>
    That the Secretary shall provide in electronic form all signed reports
    required by Congress.

                                 program offices

        For necessary salaries and expenses for Program Offices,
    $1,054,300,000, to remain available until September 30, 2024:  Provided,
    That of the sums appropriated under this heading--
                (1) $278,200,000 shall be available for the Office of Public
            and Indian Housing;
                (2) $163,400,000 shall be available for the Office of
            Community Planning and Development;
                (3) $465,000,000 shall be available for the Office of
            Housing, of which not less than $13,300,000 shall be for the
            Office of Recapitalization;
                (4) $39,600,000 shall be available for the Office of Policy
            Development and Research;
                (5) $97,000,000 shall be available for the Office of Fair
            Housing and Equal Opportunity; and
                (6) $11,100,000 shall be available for the Office of Lead
            Hazard Control and Healthy Homes.

                              working capital fund

                          (including transfer of funds)

        For the working capital fund for the Department of Housing and Urban
    Development (referred to in this paragraph as the ``Fund''), pursuant,
    in part, to section 7(f) of the Department of Housing and Urban
    Development Act (42 U.S.C. 3535(f)), amounts transferred, including
    reimbursements pursuant to section 7(f), to the Fund under this heading
    shall be available only for Federal shared services used by offices and
    agencies of the Department, and for any such portion of any office or
    agency's printing, records management, space renovation, furniture, or
    supply services the Secretary has determined shall be provided through
    the Fund, and the operational expenses of the Fund:  Provided, That
    amounts within the Fund shall not be available to provide services not
    specifically authorized under this heading:  Provided
    further, <<NOTE: Determination.>>  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, <<NOTE: Advance notice.>>  That the Secretary shall notify the
    House and Senate Committees on Appropriations of its plans for executing
    such transfers at least 15 days in advance of such transfers.

    [[Page 136 STAT. 5141]]

                            Public and Indian Housing

    tenant-based rental assistance <<NOTE: Vouchers.>>

        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) <<NOTE: Determinations.>>  $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, <<NOTE: Notice. Federal
            Register, publication.>>  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, <<NOTE: Notification. Deadlines.>>  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: <<NOTE: Extension. Advance approval.>>
            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

    [[Page 136 STAT. 5142]]

            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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5143]]

                    T. Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5170 et seq.):
              Provided further, <<NOTE: Allocation.>>  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, <<NOTE: Notice.>>  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, <<NOTE: Time period.>>  That the Secretary may only
            provide replacement vouchers for units that were occupied within
            the previous 24 months

    [[Page 136 STAT. 5144]]

            that cease to be available as assisted housing, subject only to
            the availability of funds;
                (3) $2,777,612,000 shall be available for administrative and
            other expenses of public housing agencies in administering the
            section 8 tenant-based rental assistance program, of which up to
            $30,000,000 shall be available to the Secretary to allocate to
            public housing agencies that need additional funds to administer
            their section 8 programs, including fees associated with section
            8 tenant protection rental assistance, the administration of
            disaster related vouchers, HUD-VASH vouchers, and other special
            purpose incremental vouchers:  Provided, That no less than
            $2,747,612,000 of the amount provided in this paragraph shall be
            allocated to public housing agencies for the calendar year 2023
            funding cycle based on section 8(q) of the Act (and related
            Appropriation Act provisions) as in effect immediately before
            the enactment of the Quality Housing and Work Responsibility Act
            of 1998 (Public Law 105-276):  Provided further, That if the
            amounts made available under this paragraph are insufficient to
            pay the amounts determined under the preceding proviso, the
            Secretary may decrease the amounts allocated to agencies by a
            uniform percentage applicable to all agencies receiving funding
            under this paragraph or may, to the extent necessary to provide
            full payment of amounts determined under the preceding proviso,
            utilize unobligated balances, including recaptures and
            carryover, remaining from funds appropriated to the Department
            of Housing and Urban Development under this heading from prior
            fiscal years, excluding special purpose vouchers,
            notwithstanding the purposes for which such amounts were
            appropriated:  Provided further, That all public housing
            agencies participating in the MTW demonstration shall be funded
            in accordance with the requirements of the MTW demonstration
            program or their MTW agreements, if any, and shall be subject to
            the same uniform percentage decrease as under the preceding
            proviso:  Provided further, That amounts provided under this
            paragraph shall be only for activities related to the provision
            of tenant-based rental assistance authorized under section 8,
            including related development activities;
                (4) $606,500,000 shall be available for the renewal of
            tenant-based assistance contracts under section 811 of the
            Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
            8013), including necessary administrative expenses:  Provided,
            That administrative and other expenses of public housing
            agencies in administering the special purpose vouchers in this
            paragraph shall be funded under the same terms and be subject to
            the same pro rata reduction as the percent decrease for
            administrative and other expenses to public housing agencies
            under paragraph (3) of this heading:  Provided further, That up
            to $10,000,000 shall be available only--
                        (A) for adjustments in the allocation for public
                    housing agencies, after applications for an adjustment
                    by a public housing agency that experienced a
                    significant increase, as determined by the Secretary, in
                    Mainstream renewal costs resulting from unforeseen
                    circumstances; and
                        (B) for public housing agencies that despite taking
                    reasonable cost savings measures, as determined by the
                    Secretary, would otherwise be required to terminate the

    [[Page 136 STAT. 5145]]

                    rental assistance for Mainstream families as a result of
                    insufficient funding:
              Provided further, <<NOTE: Allocation.>>  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 <<NOTE: Grants.>> 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, <<NOTE: Criteria. Data.>>  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, <<NOTE: Waiver authority. Requirements.>>  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, <<NOTE: Reports. Data.>>  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, <<NOTE: Reallocation. Determination.>>  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, <<NOTE: Waiver authority. Requirements.>>
            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

    [[Page 136 STAT. 5146]]

            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 <<NOTE: Continuation. Veterans.>>  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 <<NOTE: Continuations.>>  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, <<NOTE: Review.>>  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, <<NOTE: Notification. Reallocation.>>  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

    [[Page 136 STAT. 5147]]

            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) <<NOTE: Allocation. Determination.>>  $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, <<NOTE: Distribution.>>  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;

    [[Page 136 STAT. 5148]]

                (3) $3,200,000,000 shall be available for the Secretary to
            allocate pursuant to the Capital Fund formula at section 905.400
            of title 24, Code of Federal Regulations:  Provided, That for
            funds provided under this paragraph, the limitation in section
            9(g)(1) of the Act shall be 25 percent:  Provided further,
            That <<NOTE: Waiver authority.>> 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, <<NOTE: Notification. Deadline.>>  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, <<NOTE: Bonus awards.>>  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, <<NOTE: Notification. Deadline.>>  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 <<NOTE: Effective date. Allocation.>>  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) <<NOTE: Evaluation.>>  $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, <<NOTE: Evaluation.>>  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;

    [[Page 136 STAT. 5149]]

                (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, <<NOTE: Definition.>>  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, <<NOTE: Determination. Time period.>>  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, <<NOTE: Regulations.>>  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

    [[Page 136 STAT. 5150]]

    local organizations, including assisted housing owners, service
    agencies, and resident organizations:  Provided
    further, <<NOTE: Consultation. Coordination.>>  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, <<NOTE: Grants. Deadline. Determination.>>  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, <<NOTE: Grants.>>  That funding provided under this
            paragraph shall be available for competitive grants to
            partnerships between public housing

    [[Page 136 STAT. 5151]]

            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, <<NOTE: Waivers. Requirements.>>  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, <<NOTE: Notice. Federal Register,
            publication. Waivers. Deadline.>>  That the Secretary shall
            publish by notice in the Federal Register any waivers or
            alternative requirements pursuant to the preceding proviso no
            later than 10 days before the effective date of such notice.

                            native american programs

                             (including rescission)

        For activities and assistance authorized under title I of the Native
    American Housing Assistance and Self-Determination Act of 1996 (in this
    heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with
    respect to Indian tribes, and related training and technical assistance,
    $1,020,000,000, to remain available until September 30, 2027:  Provided,
    That of the sums appropriated under this heading--
                (1) $787,000,000 shall be available for the Native American
            Housing Block Grants program, as authorized under title I of
            NAHASDA:  Provided, <<NOTE: Determination. Applicability.>>
            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, <<NOTE: Notification. Deadline.>>  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

    [[Page 136 STAT. 5152]]

            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, <<NOTE: Determination.>>  That
            amounts made available in this paragraph may be used,
            contracted, or competed as determined by the Secretary:
            Provided further, <<NOTE: Contracts.>>  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).

    [[Page 136 STAT. 5153]]

               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 <<NOTE: Contracts.>>  carrying out the Housing Opportunities for
    Persons with AIDS program, as authorized by the AIDS Housing Opportunity

    [[Page 136 STAT. 5154]]

    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, <<NOTE: Notice.>>  That the process for submitting
    amendments and approving replacement contracts shall be established by
    the Secretary in a notice:  Provided
    further, <<NOTE: Notification. Deadline.>>  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, <<NOTE: Grants.>>  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, <<NOTE: Evaluation.>>  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

    [[Page 136 STAT. 5155]]

            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 <<NOTE: Waiver authority.>>  in administering such
            amounts the Secretary may waive or specify alternative
            requirements for any provision of such title I except for
            requirements related to fair housing, nondiscrimination, labor
            standards, the environment, and requirements that activities
            benefit persons of low- and moderate-income, upon a finding that
            any such waivers or alternative requirements are necessary to
            expedite or facilitate the use of such amounts;
                (3) $30,000,000 shall be available for activities authorized
            under section 8071 of the SUPPORT for Patients and Communities
            Act (Public Law 115-271):  Provided, That funds allocated
            pursuant to this paragraph shall not adversely affect the amount
            of any formula assistance received by a State under paragraph
            (1) of this heading:  Provided further, <<NOTE: Allocation.>>
            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, <<NOTE: Grants. Reimbursement.>>  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, <<NOTE: Grants. Reimbursement.>>  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 <<NOTE: Notification. Deadline.>> , 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

    [[Page 136 STAT. 5156]]

    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, <<NOTE: Fees.>>  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, <<NOTE: Distribution.>>  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, <<NOTE: Notification. Deadline.>>  That the Department shall
    notify grantees of their formula allocations within 60 days after
    enactment of this Act:  Provided further, <<NOTE: Time period.>>  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, <<NOTE: Time period.>>  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, <<NOTE: State and local governments. Native Americans.>>  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

    [[Page 136 STAT. 5157]]

    U.S.C. 4103)), or other entities approved by the Secretary:  Provided
    further, <<NOTE: Native Americans.>>  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, <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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, <<NOTE: Requirement.>>  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, <<NOTE: Definition.>>  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, <<NOTE: Waiver authority.>>  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.

    [[Page 136 STAT. 5158]]

            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, <<NOTE: Deadlines.>>  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, <<NOTE: Notification. Deadline.>>  That the Department
            shall notify grantees of their formula allocation from amounts
            allocated (which may represent initial or final amounts
            allocated) for the Emergency Solutions Grant program not later
            than 60 days after enactment of this Act;
                (2) $3,154,000,000 shall be available for the Continuum of
            Care program authorized under subtitle C of such title IV (42
            U.S.C. 11381 et seq.) and the Rural Housing Stability Assistance
            programs authorized under subtitle D of such title IV (42 U.S.C.
            11408):  Provided, That the Secretary shall prioritize funding
            under the Continuum of Care program to continuums of care that
            have demonstrated a capacity to reallocate funding from lower
            performing projects to higher performing projects:  Provided
            further, That the Secretary shall

    [[Page 136 STAT. 5159]]

            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, <<NOTE: Notification.>>  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, <<NOTE: Determination.>>
            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 <<NOTE: Grants.>>  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, <<NOTE: Contracts. Determination.>> 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

    [[Page 136 STAT. 5160]]

            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 <<NOTE: Determination.>> 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 <<NOTE: Grants.>>  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, <<NOTE: Children, youth, and families.>> 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, <<NOTE: Determination.>>  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, <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 5161]]

    under this heading in addition to the purposes for which such funds
    originally were appropriated.

                                Housing Programs

    project-based rental assistance <<NOTE: Contracts.>>

        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, <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5162]]

    deposited in an interest-bearing residual receipts account and that are
    in excess of an amount to be determined by the Secretary, shall be
    remitted to the Department and deposited in this account, to be
    available until expended:  Provided further, That amounts deposited
    pursuant to the preceding proviso shall be available in addition to the
    amount otherwise provided by this heading for uses authorized under this
    heading.

                             housing for the elderly

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 5-year term, for senior
    preservation rental assistance contracts, including renewals, as
    authorized by section 811(e) of the American Homeownership and Economic
    Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
    services associated with the housing, $1,075,000,000 to remain available
    until September 30, 2026:  Provided, That of the amount made available
    under this heading, up to $120,000,000 shall be for service coordinators
    and the continuation of existing congregate service grants for residents
    of assisted housing projects:  Provided further, <<NOTE: Deadline.>>
    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 <<NOTE: Waiver authority. Time period.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Waiver authority.>> 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

    [[Page 136 STAT. 5163]]

    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, <<NOTE: Determination.>> 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

    [[Page 136 STAT. 5164]]

    of tenancy or homeownership; for program administration; and for housing
    counselor training:  Provided further, <<NOTE: Contracts.>> 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, <<NOTE: Fees.>> 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, <<NOTE: Effective
    date.>>  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

    [[Page 136 STAT. 5165]]

    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, <<NOTE: Effective date.>> 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, <<NOTE: Fees.>>  That receipts
    from Commitment and Multiclass fees collected pursuant to title III of
    the National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as
    offsetting collections to this account.

                         Policy Development and Research

                             research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, and for technical assistance, $125,400,000, to remain available
    until September 30, 2024:  Provided, <<NOTE: Contracts.>> That with
    respect to amounts made available under this heading, notwithstanding
    section 203 of this title, the Secretary may enter into

    [[Page 136 STAT. 5166]]

    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, <<NOTE: Matching
    contribution.>> 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, <<NOTE: Compliance.>>  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, <<NOTE: Plan. Allocation. Deadline.>>  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, <<NOTE: Urban and rural areas.>> 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 <<NOTE: Fees.>> 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 <<NOTE: Lobbying.>> 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

    [[Page 136 STAT. 5167]]

    the creation and promotion of translated materials and other programs
    that support the assistance of persons with limited English proficiency
    in utilizing the services provided by the Department of Housing and
    Urban Development.

                 Office of Lead Hazard Control and Healthy Homes

                              lead hazard reduction

                          (including transfer of funds)

        For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
    U.S.C. 4852), the Healthy Homes Initiative, pursuant to sections 501 and
    502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1
    and 1701z-2), and for related activities and assistance, $410,000,000,
    to remain available until September 30, 2025:  Provided, That the
    amounts made available under this heading are provided as follows:
                (1) $290,000,000 shall be for the award of grants pursuant
            to such section 1011, of which not less than $95,000,000 shall
            be provided to areas with the highest lead-based paint abatement
            needs;
                (2) $85,000,000 shall be for the Healthy Homes Initiative,
            pursuant to sections 501 and 502 of the Housing and Urban
            Development Act of 1970, which shall include research, studies,
            testing, and demonstration efforts, including education and
            outreach concerning lead-based paint poisoning and other
            housing-related diseases and hazards, and mitigating housing-
            related health and safety hazards in housing of low-income
            families, of which--
                        (A) $5,000,000 shall be for the implementation of
                    projects in up to five communities that are served by
                    both the Healthy Homes Initiative and the Department of
                    Energy weatherization programs to demonstrate whether
                    the coordination of Healthy Homes remediation activities
                    with weatherization activities achieves cost savings and
                    better outcomes in improving the safety and quality of
                    homes; and
                        (B) $30,000,000 shall be for grants to experienced
                    non-profit organizations, States, local governments, or
                    public housing agencies for safety and functional home
                    modification repairs and renovations to meet the needs
                    of low-income seniors to enable them to remain in their
                    primary residence:  Provided, That of the total amount
                    made available under this subparagraph no less than
                    $10,000,000 shall be available to meet such needs in
                    communities with substantial rural populations;
                (3) $5,000,000 shall be for the award of grants and
            contracts for research pursuant to sections 1051 and 1052 of the
            Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
            U.S.C. 4854, 4854a);
                (4) Up to $2,000,000 in total of the amounts made available
            under paragraphs (2) and (3) may be transferred to the heading
            ``Research and Technology'' for the purposes of conducting
            research and studies and for use in accordance with the provisos
            under that heading for non-competitive agreements;

    [[Page 136 STAT. 5168]]

                (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, <<NOTE: Certification. Notice.>> 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, <<NOTE: Plan.>>  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--

    [[Page 136 STAT. 5169]]

                        (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) <<NOTE: Certification.>> 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, <<NOTE: Reports. Summaries.>>  That not later than
    30 days after the end of each quarter, the Secretary shall submit an
    updated report to the Committees on Appropriations of the House of
    Representatives and the Senate summarizing the status, cost and plan for
    all modernization projects; and for each major modernization project
    with an approved project plan, identifying--
                (1) results and actual expenditures of the prior quarter;
                (2) any variances in cost, schedule (including procurement),
            or functionality from the previously approved project plan,
            reasons for such variances and estimated impact on total life-
            cycle costs; and
                (3) risks and mitigation strategies associated with ongoing
            work.

                           Office of Inspector General

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $146,000,000:  Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

         General Provisions--Department of Housing and Urban Development

                          (including transfer of funds)

                             (including rescission)

        Sec. 201.  Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
    1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash,
    shall be remitted to the Treasury, and such amounts of budget authority
    or cash recaptured and not rescinded or remitted to the Treasury shall
    be used by State housing finance agencies or local governments or local
    housing agencies with projects approved by the Secretary of Housing and
    Urban Development for which settlement occurred after January 1, 1992,
    in accordance with such section. Notwithstanding the previous sentence,
    the Secretary may award up to 15 percent of the budget authority or cash
    recaptured and not rescinded or remitted to the Treasury to provide
    project owners with incentives to refinance their project at a lower
    interest rate.

    [[Page 136 STAT. 5170]]

        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.  <<NOTE: Reports. Budget.>>  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.).

    [[Page 136 STAT. 5171]]

        Sec. 209. <<NOTE: Time period.>>  (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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Standards.>>  The receiving project or projects
            shall meet or exceed applicable physical standards established
            by the Secretary.
                (4) <<NOTE: Notification. Consultation. Certification.>>
            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) <<NOTE: Determination.>> The Secretary determines that
            this transfer is in the best interest of the tenants.
                (7) <<NOTE: Waiver authority. Determination.>> 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

    [[Page 136 STAT. 5172]]

            necessary to facilitate the financing of acquisition,
            construction, and/or rehabilitation of the receiving project or
            projects.
                (8) <<NOTE: Records.>>  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) <<NOTE: Definitions.>> 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));

    [[Page 136 STAT. 5173]]

                (4) the term ``receiving project or projects'' means the
            multifamily housing project or projects to which some or all of
            the project-based assistance, debt, and statutorily required
            low-income and very low-income use restrictions are to be
            transferred;
                (5) the term ``transferring project'' means the multifamily
            housing project which is transferring some or all of the
            project-based assistance, debt, and the statutorily required
            low-income and very low-income use restrictions to the receiving
            project or projects; and
                (6) the term ``Secretary'' means the Secretary of Housing
            and Urban Development.

        (e) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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.  <<NOTE: Allocation. Eligibility.>>  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

    [[Page 136 STAT. 5174]]

    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. <<NOTE: Determination. Contracts.>> 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. <<NOTE: Contracts. Notification.>> 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.  <<NOTE: 42 USC 1437g note.>>  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.  <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5175]]

    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.  <<NOTE: Notification. Public information. Federal
    Register, publication. Notices. 42 USC 3545a note.>>  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 <<NOTE: Web posting. Determination.>>  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, <<NOTE: Advance approval.>> 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, <<NOTE: Notification. Deadline.>>  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. <<NOTE: Determination. Compliance.>> (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) <<NOTE: Certification. Deadline.>>  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 <<NOTE: Requirements. Applicability.>>  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) <<NOTE: Deadline. Notice. Timetable. Determination.>> 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. <<NOTE: Records.>> 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.

    [[Page 136 STAT. 5176]]

        (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) <<NOTE: Requirement.>>  require immediate replacement of
            project management with a management agent approved by the
            Secretary;
                (B) <<NOTE: Penalties.>>  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) <<NOTE: Determination.>> 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) <<NOTE: Contracts. Notification.>> The Secretary shall take
    appropriate steps to ensure that project-based contracts remain in
    effect, subject to the exercise of contractual abatement remedies to
    assist relocation of tenants for major threats to health and safety
    after written notice to the affected tenants.
    To <<NOTE: Determination.>> 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) <<NOTE: Reports.>>  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. <<NOTE: Time period.>> The
    report shall include--

    [[Page 136 STAT. 5177]]

                (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) <<NOTE: Recommenda- tions.>> 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.  <<NOTE: Grants. Notification. Deadline.>>  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.

    [[Page 136 STAT. 5178]]

        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. <<NOTE: Grants.>>  (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) <<NOTE: Requirements. Determination.>> 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

    [[Page 136 STAT. 5179]]

    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.  <<NOTE: Time periods.>>  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.  <<NOTE: Determination. Allocation.>>  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, <<NOTE: Records.>>  That all
    offsets and reallocations from such available balances shall be recorded
    against funds available for the next applicable formula allocation
    cycle:  Provided further, <<NOTE: Definition.>>  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, <<NOTE: Determination.>>  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) <<NOTE: Contracts. Time periods.>> Rent Adjustments and
    Subsequent Renewals.--After the initial renewal of a section 8 contract
    pursuant to this section

    [[Page 136 STAT. 5180]]

    and notwithstanding any other provision of law or contract regarding the
    adjustment of rents or subsequent renewal of such contract for a
    project, including such a provision in section 514 or this section, in
    the case of a project subject to any restrictions imposed pursuant to
    sections 514 or this section, the Secretary may, not more often than
    once every 10 years, adjust such rents or renew such contracts at rent
    levels that are equal to the lesser of budget-based rents or comparable
    market rents for the market area upon the request of an owner or
    purchaser who--
                ``(1) <<NOTE: Determinations.>>  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, <<NOTE: Notification. Deadline.>> 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.

    [[Page 136 STAT. 5181]]

        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.  <<NOTE: Compliance.>>  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

    [[Page 136 STAT. 5182]]

    Code, by any person or entity that is subject to regulation by the
    National Railroad Passenger Corporation:  Provided further,
    That <<NOTE: Contracts.>> 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, <<NOTE: Budget request.>> 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

    [[Page 136 STAT. 5183]]

    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.  <<NOTE: Contracts.>> The expenditure of any appropriation
    under this Act for any consulting service through a procurement contract
    pursuant to section 3109 of title 5, United States Code, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued pursuant to existing law.

        Sec. 404. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.

        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 405.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations

    [[Page 136 STAT. 5184]]

    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) <<NOTE: Advance approval.>> 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, <<NOTE: Reports.>> 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) <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 5185]]

    for the purposes authorized:  Provided, <<NOTE: Advance
    approval. Expenditure requests. Compliance.>> 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.  <<NOTE: Eminent domain.>>  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.  <<NOTE: Compliance.>>  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.  <<NOTE: Reports.>> 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, <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5186]]

    authorized for district court civil suit filing fees under section 1914
    of title 28, United States Code.
        Sec. 414. (a) <<NOTE: Pornography.>> 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. <<NOTE: Records.>>  (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) <<NOTE: Reports. Compliance.>>  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.  <<NOTE: Contracts. Determination.>>  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.  <<NOTE: Deadlines. Time period. Certification.>> 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

    [[Page 136 STAT. 5187]]

    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. <<NOTE: Time period.>> (a) Funds previously made available
    in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013
    (Public Law 113-2, division A; 127 Stat. 36) under the heading
    ``Department of Housing and Urban Development--Community Planning and
    Development--Community Development Fund'' that were available for
    obligation through fiscal year 2017 are to remain available until
    expended for the liquidation of valid obligations incurred in fiscal
    years 2013 through 2017.

        (b) Amounts repurposed pursuant to this section that were previously
    designated by the Congress as an emergency requirement pursuant to the
    Balanced Budget and Emergency Deficit Control Act of 1985 or a
    concurrent resolution on the budget are designated as an emergency
    requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
    Congress), the concurrent resolution on the budget for fiscal year 2022,
    and section 1(e) of H. Res. 1151 (117th Congress) as engrossed in the
    House of Representatives on June 8, 2022.
        Sec. 421.  In the table of projects in the explanatory statement
    referenced in section 417 of the Transportation, Housing and Urban
    Development, and Related Agencies Appropriations Act, 2022 (division L
    of Public Law 117-103)--
                (1) the item relating to ``Greensboro Judy Center Early
            Learning Hub Facility'' is deemed to be amended by striking
            ``Greensboro Judy Center Early Learning Hub Facility'' and
            inserting ``Building maintenance for Greensboro Judy Center
            Early Learning Hub Facility'';
                (2) the item relating to ``Constructing commercial kitchen
            to increase access to healthy food'' is deemed to be amended by
            striking recipient ``Cross Street Partners'' and inserting ``The
            Good Stuff'';
                (3) the item relating to ``Covenant House PA Transition
            Housing'' is deemed to be amended by striking recipient
            ``Covenant House Pennsylvania'' and inserting ``Covenant House
            Pennsylvania Under 21'';
                (4) the item relating to ``Long Island Greenway'' is deemed
            to be amended by striking ``Long Island Greenway'' and inserting
            ``For the planning and design of the Long Island Greenway'';
                (5) the item relating to ``Acquisition of property for
            permanent Veterans' homeless shelter'' is deemed to be amended
            by striking ``Acquisition of property for permanent Veterans'
            homeless shelter'' and inserting ``Acquisition or rehabilitation
            of property for permanent veterans' homeless shelter'';

    [[Page 136 STAT. 5188]]

                (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''.

    [[Page 136 STAT. 5189]]

    DIVISION M-- <<NOTE: Additional Ukraine Supplemental Appropriations Act,
    2023.>> 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.

    [[Page 136 STAT. 5190]]

                         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, <<NOTE: Contributions.>> That the Secretary of Defense may
    accept and retain contributions, including money, personal property,

    [[Page 136 STAT. 5191]]

    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, <<NOTE: Notification.>>  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 <<NOTE: Notification. Deadline.>> 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, <<NOTE: Determination.>> That upon a
    determination that all or part of the funds transferred from this
    appropriation are not necessary for the purposes provided herein, such
    amounts may be transferred back and merged with this appropriation:
    Provided further, That the transfer authority provided herein is in
    addition to any other transfer authority provided by law.

                                   PROCUREMENT

                            Missile Procurement, Army

        For an additional amount for ``Missile Procurement, Army'',
    $354,000,000, to remain available until September 30, 2025, to respond
    to the situation in Ukraine and for related expenses.

                         Procurement of Ammunition, Army

        For an additional amount for ``Procurement of Ammunition, Army'',
    $687,000,000, to remain available until September 30, 2025, for
    expansion of public and private plants, including the land necessary
    therefor, and procurement and installation of equipment appliances, and
    machine tools in such plants, for the purpose of increasing production
    of critical munitions to replace defense articles provided to the
    Government of Ukraine or foreign countries that have provided support to
    Ukraine at the request of the United States.

                             Other Procurement, Army

        For an additional amount for ``Other Procurement, Army'',
    $6,000,000, to remain available until September 30, 2025, to respond to
    the situation in Ukraine and for related expenses.

    [[Page 136 STAT. 5192]]

                          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

    [[Page 136 STAT. 5193]]

    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.  <<NOTE: Reports.>>  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.  <<NOTE: Reports.>> 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

    [[Page 136 STAT. 5194]]

    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 <<NOTE: 42 USC 6241 note.>> 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 <<NOTE: 42 USC 6241 note.>> 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 <<NOTE: 42 USC 6241 note.>> 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.

    [[Page 136 STAT. 5195]]

                                     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 <<NOTE: 8 USC 1101 note.>> amended by striking ``September 30, 2022''
    and inserting ``September 30, 2023''.

                                    TITLE VI

                               LEGISLATIVE BRANCH

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              Salaries and Expenses

        For an additional amount for ``Salaries and Expenses'', $7,500,000,
    to remain available until expended, for oversight of the amounts
    provided in division N of Public Law 117-103, Public Law 117-128,
    division B of Public Law 117-180, and this Act.

                                    TITLE VII

                     DEPARTMENT OF STATE AND RELATED AGENCY

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

                               diplomatic programs

        For an additional amount for ``Diplomatic Programs'', $147,054,000,
    to remain available until September 30, 2024, of which not less than
    $60,000,000 shall be made available to respond

    [[Page 136 STAT. 5196]]

    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.

    [[Page 136 STAT. 5197]]

                 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.

    [[Page 136 STAT. 5198]]

                         GENERAL PROVISIONS--THIS TITLE

                         (including transfers of funds)

        Sec. 1701.  <<NOTE: Applicability.>>  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.  <<NOTE: Applicability.>>  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.  <<NOTE: Applicability.>>  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) <<NOTE: Consultation. Notification.>> 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) <<NOTE: Determination.>> 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 <<NOTE: Reimbursement.>>  funds shall be provided on a
    reimbursable

    [[Page 136 STAT. 5199]]

    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, <<NOTE: Consultation. Certification. Reports.>> 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, <<NOTE: Reports.>> 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) <<NOTE: Memorandum.>> 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) <<NOTE: Reports.>> The Secretary of State or the Administrator
    of the United States Agency for International Development, as
    appropriate, shall report to the appropriate congressional committees on
    the uses of funds provided for direct financial support to the
    Government of Ukraine pursuant to subsection (a) not later than 45 days
    after the date of enactment of this Act and every 45 days thereafter
    until all such funds have been expended:  Provided, That such reports
    shall include a detailed description of the use of such funds, including
    categories and amounts, the intended results and the results achieved, a
    summary of other donor contributions, and a description of the efforts
    undertaken by the Secretary and Administrator to increase other donor
    contributions for direct financial support:  Provided further, That such
    reports shall also include the metrics established to measure such
    results.

        Sec. 1706.  Funds appropriated by this title under the headings
    ``Diplomatic Programs'', ``Operating Expenses'', ``Economic Support
    Fund'', ``International Narcotics Control and Law Enforcement'',
    ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'', and
    ``Foreign Military Financing Program'' shall be subject to the regular
    notification procedures of the Committees on Appropriations:
    Provided, <<NOTE: Notifications.>> 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

    [[Page 136 STAT. 5200]]

    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, <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Effective date.>>  The authority under this section
    shall apply to any covered forfeited property forfeited on or before May
    1, 2025.

    [[Page 136 STAT. 5201]]

                                   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-- <<NOTE: Disaster Relief Supplemental Appropriations Act,
    2023.>> DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023

                                     TITLE I

                            DEPARTMENT OF AGRICULTURE

                              AGRICULTURAL PROGRAMS

                       Processing, Research and Marketing

                             Office of the Secretary

        For <<NOTE: Determination.>>  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 <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5202]]

    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

    [[Page 136 STAT. 5203]]

    declared disasters in calendar year 2022:  Provided further, That the
    percentage of the cost of the facility that may be covered by a grant
    pursuant to the preceding proviso shall be 75 percent.

                             Rural Utilities Service

                 rural water and waste disposal program account

        For an additional amount for ``Rural Water and Waste Disposal
    Program Account'', $325,000,000, to remain available until expended:
    Provided, That of the amounts provided under this heading in this Act,
    $265,000,000 shall be for necessary expenses related to water systems
    damaged by Presidentially declared disasters in calendar year 2022:
    Provided further, That, notwithstanding section 343(a)(13)(B) of the
    Consolidated Farm and Rural Development Act, a grant using funds made
    available pursuant to the preceding proviso may not be awarded to a
    community with a population of more than 35,000 people:  Provided
    further, That not to exceed $8,000,000 of the amount made available
    pursuant to the first proviso shall be for technical assistance grants
    for rural water and waste systems pursuant to section 306(a)(22) of the
    Consolidated Farm and Rural Development Act.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 2101.  In addition to other funds available for such purposes,
    not more than three percent of the amounts provided in each account
    under the ``Rural Development Programs'' heading in this title shall be
    paid to the appropriation for ``Rural Development, Salaries and
    Expenses'' for administrative costs to carry out the emergency rural
    development programs in this title.
        Sec. 2102.  For necessary expenses for salary and related costs
    associated with Agriculture Quarantine and Inspection Services
    activities pursuant to 21 U.S.C. 136a(6), and in addition to any other
    funds made available for this purpose, there is appropriated, out of any
    money in the Treasury not otherwise appropriated, $125,000,000, to
    remain available until September 30, 2024, to offset the loss of
    quarantine and inspection fees collected pursuant to sections 2508 and
    2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21
    U.S.C. 136, 136a):  Provided, That amounts made available in this
    section shall be treated as funds collected by fees authorized under
    sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (21 U.S.C. 136, 136a) for purposes of section 421(f) of the
    Homeland Security Act of 2002 (6 U.S.C. 231(f)).

                                    TITLE II

                             DEPARTMENT OF COMMERCE

                       Economic Development Administration

                    economic development assistance programs

                         (including transfers of funds)

        Pursuant to section 703 of the Public Works and Economic Development
    Act (42 U.S.C. 3233), for an additional amount for

    [[Page 136 STAT. 5204]]

    ``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, <<NOTE: Appointment.>> 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.

    [[Page 136 STAT. 5205]]

                 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

    [[Page 136 STAT. 5206]]

    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.

    [[Page 136 STAT. 5207]]

                          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

    [[Page 136 STAT. 5208]]

    the date of enactment of this Act, to reduce risks from future floods
    and hurricanes, at full Federal expense, $5,000,000, to remain available
    until expended:  Provided, That funds made available under this heading
    in this Act shall be for high-priority studies of projects in States and
    insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole:
    Provided further, <<NOTE: Deadline. Work plan. List.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Time
    period.>> 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

    [[Page 136 STAT. 5209]]

    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, <<NOTE: Deadline. Work plan. List.>> 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, <<NOTE: Reports.>> That beginning not later
    than 60 days after the enactment of this Act, the Assistant Secretary of

    [[Page 136 STAT. 5210]]

    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 <<NOTE: Deadline. Work plan. List.>>  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.

    [[Page 136 STAT. 5211]]

                        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 <<NOTE: Deadline. Work plan.>> 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 <<NOTE: Reports.>> beginning not later than 60 days after the
    enactment of this Act, the Assistant Secretary of the Army for Civil
    Works shall provide a quarterly report directly to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of the funds provided under this heading
    in this Act.

                            operation and maintenance

        For an additional amount for ``Operation and Maintenance'' for
    necessary expenses to dredge Federal navigation projects in response to,
    and repair damages to Corps of Engineers Federal projects caused by
    natural disasters, $324,000,000, to remain available until expended:
    Provided, That of the amount provided in this paragraph in this Act,
    such sums as are necessary to cover the Federal share of eligible
    operation and maintenance costs for coastal harbors and channels, and
    for inland harbors shall be derived from the general fund of the
    Treasury:  Provided further, That within 60 <<NOTE: Deadline. Work
    plan.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Deadline. Work plan. List.>>  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.

    [[Page 136 STAT. 5212]]

                      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, <<NOTE: Reports.>> 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 <<NOTE: Reports.>>  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, <<NOTE: Coordination.>>  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

    [[Page 136 STAT. 5213]]

    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, <<NOTE: Reimbursement.>> 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

    [[Page 136 STAT. 5214]]

    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 <<NOTE: Reports. 136 Stat. 2122.>>  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,

    [[Page 136 STAT. 5215]]

    there is appropriated, out of any money in the Treasury not otherwise
    appropriated, $309,000,000, to offset the loss of Immigration User Fee
    receipts collected pursuant to section 286(h) of the Immigration and
    Nationality Act (8 U.S.C. 1356(h)), and fees for certain customs
    services collected pursuant to paragraphs (1) through (8) and paragraph
    (10) of subsection (a) of section 13031 of the Consolidated Omnibus
    Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)-(8) and (a)(10)).

                                    TITLE VII

                           DEPARTMENT OF THE INTERIOR

                     United States Fish and Wildlife Service

                                  construction

        For an additional amount for ``Construction'', $247,000,000, to
    remain available until expended, for necessary expenses related to the
    consequences of wildfires, hurricanes, and other natural disasters
    occurring in and prior to calendar year 2023, including winter storm
    damages at Midway Atoll National Wildlife Refuge.

                              National Park Service

                                  construction

        For an additional amount for ``Construction'', $1,500,000,000, to
    remain available until expended, for necessary expenses related to the
    consequences of wildfires, hurricanes, and other natural disasters
    occurring in and prior to calendar year 2023.

                         United States Geological Survey

                      surveys, investigations, and research

        For an additional amount for ``Surveys, Investigations, and
    Research'', $41,040,000, to remain available until expended, for
    necessary expenses related to the consequences of wildfires, hurricanes,
    and other natural disasters occurring in and prior to calendar year
    2023.

                                 Indian Affairs

                            Bureau of Indian Affairs

                          operation of indian programs

        For an additional amount for ``Operation of Indian Programs'',
    $44,500,000, to remain available until expended, for necessary expenses
    related to the consequences of wildfires, hurricanes, and other natural
    disasters occurring in and prior to calendar year 2023.

                                  construction

        For an additional amount for ``Construction'', $2,500,000, to remain
    available until expended, for necessary expenses related

    [[Page 136 STAT. 5216]]

    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

    [[Page 136 STAT. 5217]]

    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 <<NOTE: Reports.>> 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, <<NOTE: Determination.>> 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

    [[Page 136 STAT. 5218]]

    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,

    [[Page 136 STAT. 5219]]

    $1,011,000,000 shall be available for wildfire suppression operations,
    and is provided to meet the terms of section 4004(b)(5)(B) of S. Con.
    Res. 14 (117th Congress), the concurrent resolution on the budget for
    fiscal year 2022, and section 1(g)(2) of H. Res. 1151 (117th Congress),
    as engrossed in the House of Representatives on June 8, 2022:  Provided
    further, That of the funds provided under this paragraph in this Act,
    $160,000,000 shall be available for forest fire presuppression.

                                   TITLE VIII

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                   Centers for Disease Control and Prevention

                     cdc-wide activities and program support

        For an additional amount for ``CDC-Wide Activities and Program
    Support'', $86,000,000, to remain available until September 30, 2024,
    for necessary expenses directly related to the consequences of
    Hurricanes Fiona and Ian:  Provided, That funds appropriated under this
    heading in this Act may be made available to restore amounts, either
    directly or through reimbursement, for obligations incurred for such
    purposes, prior to the date of enactment of this Act.

                          National Institutes of Health

               national institute of environmental health sciences

        For an additional amount for ``National Institute of Environmental
    Health Sciences'', $2,500,000, to remain available until expended, for
    necessary expenses in carrying out activities set forth in section
    311(a) of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
    Superfund Amendments and Reauthorization Act of 1986 related to the
    consequences of major disasters declared pursuant to the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
    seq.) in 2022.

                             office of the director

                          (including transfer of funds)

        For an additional amount for ``Office of the Director'',
    $25,000,000, to remain available until September 30, 2024, for necessary
    expenses directly related to the consequences of Hurricanes Fiona and
    Ian:  Provided, That funds appropriated under this heading in this Act
    may be made available to restore amounts, either directly or through
    reimbursement, for obligations incurred for such purposes, prior to the
    date of enactment of this Act:  Provided further, That funds
    appropriated under this heading in this Act may be transferred to the
    accounts of Institutes and Centers of the National Institutes of Health
    (NIH):  Provided further, That this transfer authority is in addition to
    any other transfer authority available to the NIH.

    [[Page 136 STAT. 5220]]

                    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, <<NOTE: Allocations. Territories. Native Americans.>>  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, <<NOTE: Parameters.>>  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, <<NOTE: Time
    period.>>  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,

    [[Page 136 STAT. 5221]]

    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, <<NOTE: Allocations.>>  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, <<NOTE: Applicability.>> 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, <<NOTE: Time period.>> That
    the Secretary shall not retain Federal

    [[Page 136 STAT. 5222]]

    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

    [[Page 136 STAT. 5223]]

    available under the preceding proviso are not subject to the allotment,
    reservation, matching, or application and State and area requirements of
    the Older Americans Act of 1965 and Rehabilitation Act of 1973:
    Provided further, That of the amount made available under this heading
    in this Act, not less than $392,000 shall be transferred to ``Food and
    Drug Administration--Buildings and Facilities'' for costs related to
    repair of facilities, for replacement of equipment, and for other
    increases in facility-related costs due to the consequences of
    Hurricanes Fiona and Ian:  Provided further, That of the amount made
    available under this heading in this Act, up to $2,000,000, to remain
    available until expended, shall be transferred to ``Office of the
    Secretary--Office of Inspector General'' for oversight of activities
    responding to such disasters or emergencies.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 2801. (a) <<NOTE: Appointment.>>  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.  <<NOTE: Deadline. Operating plan.>>  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, <<NOTE: Updates. Submission. Time period.>> 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, <<NOTE: Deadline. Expenditure plan.>>
    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

    [[Page 136 STAT. 5224]]

    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

    [[Page 136 STAT. 5225]]

    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.

    [[Page 136 STAT. 5226]]

                                    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 <<NOTE: 37 USC
    402b.>> 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:

    [[Page 136 STAT. 5227]]

                `` `(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) <<NOTE: 37 USC 402b note.>> Effective Date.--The amendments made
    by this section shall take effect as if included in the enactment of
    such Act.
    SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICABILITY OF
                            AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY
                            PROFESSIONAL SPORT CONSTITUTING BREACH OF
                            AGREEMENT TO SERVE AS AN OFFICER.

        (a) In General.--Section 553 of the James M. Inhofe National Defense
    Authorization Act for Fiscal Year 2023 is amended by adding at the end
    the following new subsection:
        ``(d) <<NOTE: 10 USC 7448 note.>>  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) <<NOTE: 10 USC 7448 note.>>  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. <<NOTE: Applicability. 8 USC 1324a note.>> 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. <<NOTE: Applicability. 8 USC 1101 note.>>  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. <<NOTE: 8 USC 1184 note.>>  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

    [[Page 136 STAT. 5228]]

    returning worker program in any fiscal year in which returning workers
    were exempt from such numerical limitation.
    SEC. 304. <<NOTE: Applicability. 8 USC 1182 note.>>  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. <<NOTE: 40 USC 15734.>>  Great Lakes Authority

        ``The <<NOTE: State listing.>>  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, <<NOTE: 40 USC
            prec. 15701.>>  is amended by adding at the end the following:

    ``15734. Great Lakes Authority.''.

    SEC. 402. REAUTHORIZATION OF NATIONAL WILDLIFE REFUGE SYSTEM
                            VOLUNTEER SERVICES, COMMUNITY PARTNERSHIP,
                            AND REFUGE EDUCATION PROGRAMS.

        Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f)
    is amended by striking ``2018 through 2022'' and inserting ``2023
    through 2027''.
    SEC. 404. PATRICK LEAHY LAKE CHAMPLAIN BASIN PROGRAM.

        (a) In General.--Section 120 of the Federal Water Pollution Control
    Act (33 U.S.C. 1270) is amended--
                (1) in the section heading, by inserting ``patrick leahy''
            before ``lake'';

    [[Page 136 STAT. 5229]]

                (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) <<NOTE: Time period.>>  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) <<NOTE: 33 USC 1270 note.>>  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) <<NOTE: Time period.>> 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.

    [[Page 136 STAT. 5230]]

                          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. <<NOTE: 49 USC 44744.>> Flight crew alerting

        ``(a) <<NOTE: Effective date.>> 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.--
            <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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

    [[Page 136 STAT. 5231]]

                        ``(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) <<NOTE: Effective date.>> Prohibition.--Beginning on December
    27, 2022, the Administrator may not issue a type certificate for a
    transport category aircraft unless, in the case of a transport category
    aircraft other than a transport airplane, the type certificate applicant
    provides a means acceptable to the Administrator to assist the flight
    crew in prioritizing corrective actions and responding to systems
    failures (including by cockpit or flight manual procedures).''.

        (c) <<NOTE: 49 USC 44744 note.>> 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) <<NOTE: Deadlines. 49 USC 44744 note.>>  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, <<NOTE: 49 USC prec. 44701.>>  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 <<NOTE: 134
    Stat. 103; 135 Stat. 264, 380, 1504; 136 Stat. 17, 33, 801.>>  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

    [[Page 136 STAT. 5232]]

    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-- <<NOTE: United States Parole Commission Additional
    Extension Act of 2022.>> UNITED STATES PAROLE COMMISSION EXTENSION
    SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION.

        (a) <<NOTE: 18 USC 1 note.>> Short Title.--This section may be cited
    as the ``United States Parole Commission Additional Extension Act of
    2022''.

        (b) <<NOTE: 18 USC 3551 note.>>  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) <<NOTE: 18 USC 3551 note.>>  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

    [[Page 136 STAT. 5233]]

    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-- <<NOTE: Electoral Count Reform and Presidential Transition
       Improvement Act of 2022.>> ELECTORAL COUNT REFORM AND PRESIDENTIAL
    TRANSITION IMPROVEMENT
    SEC. 1. <<NOTE: 3 USC 1 note.>> SHORT TITLE, ETC.

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

    TITLE I <<NOTE: Electoral Count Reform Act of 2022.>> --ELECTORAL COUNT
    REFORM ACT
    SEC. 101. <<NOTE: 3 USC 1 note.>>  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. <<NOTE: 3 USC 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:

    [[Page 136 STAT. 5234]]

                ``(1) <<NOTE: Definition.>>  `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, <<NOTE: 3 USC prec. 1.>> 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) <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5235]]

                    of appointment of electors issued pursuant to subsection
                    (a)(1) shall be treated as conclusive in Congress with
                    respect to the determination of electors appointed by
                    the State.
                        ``(B) Certificates issued pursuant to court
                    orders.--Any certificate of ascertainment of appointment
                    of electors required to be issued or revised by any
                    State or Federal judicial relief granted prior to the
                    date of the meeting of electors shall replace and
                    supersede any other certificates submitted pursuant to
                    this section.
                ``(2) Determination of federal questions.--The determination
            of Federal courts on questions arising under the Constitution or
            laws of the United States with respect to a certificate of
            ascertainment of appointment of electors shall be conclusive in
            Congress.

        ``(d) Venue and Expedited Procedure.--
                ``(1) In general.--Any action brought by an aggrieved
            candidate for President or Vice President that arises under the
            Constitution or laws of the United States with respect to the
            issuance of the certification required under section (a)(1), or
            the transmission of such certification as required under
            subsection (b), shall be subject to the following rules:
                        ``(A) Venue.--The venue for such action shall be the
                    Federal district court of the Federal district in which
                    the State capital is located.
                        ``(B) 3-judge panel.--Such action shall be heard by
                    a district court of three judges, convened pursuant to
                    section 2284 of title 28, United States Code, except
                    that--
                              ``(i) the court shall be comprised of two
                          judges of the circuit court of appeals in which
                          the district court lies and one judge of the
                          district court in which the action is brought; and
                              ``(ii) section 2284(b)(2) of such title shall
                          not apply.
                        ``(C) Expedited procedure.--It shall be the duty of
                    the court to advance on the docket and to expedite to
                    the greatest possible extent the disposition of the
                    action, consistent with all other relevant deadlines
                    established by this chapter and the laws of the United
                    States.
                        ``(D) Appeals.--Notwithstanding section 1253 of
                    title 28, United States Code, the final judgment of the
                    panel convened under subparagraph (B) may be reviewed
                    directly by the Supreme Court, by writ of certiorari
                    granted upon petition of any party to the case, on an
                    expedited basis, so that a final order of the court on
                    remand of the Supreme Court may occur on or before the
                    day before the time fixed for the meeting of electors.
                ``(2) Rule of construction.--This subsection--
                        ``(A) shall be construed solely to establish venue
                    and expedited procedures in any action brought by an
                    aggrieved candidate for President or Vice President as
                    specified in this subsection that arises under the
                    Constitution or laws of the United States; and
                        ``(B) shall not be construed to preempt or displace
                    any existing State or Federal cause of action.''.

        (b) Executive of a State.--Section 21 of title 3, United States
    Code, as amended by section 102(b), is amended by striking paragraph (3)
    and inserting the following:

    [[Page 136 STAT. 5236]]

                ``(3) <<NOTE: Definition.>> `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 <<NOTE: 3 USC prec. 1.>> 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, <<NOTE: 3 USC prec. 1.>>  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.

    [[Page 136 STAT. 5237]]

                ``(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 <<NOTE: 3 USC prec. 1.>>  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 <<NOTE: 3 USC prec. 1.>> , 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:

    [[Page 136 STAT. 5238]]

    ``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.

    [[Page 136 STAT. 5239]]

                        ``(C) Consideration of objections and questions.--
                              ``(i) In general.--When all objections so made
                          to any vote or paper from a State, or other
                          question arising in the matter, shall have been
                          received and read, the Senate shall thereupon
                          withdraw, and such objections and questions shall
                          be submitted to the Senate for its decision; and
                          the Speaker of the House of Representatives shall,
                          in like manner, submit such objections and
                          questions to the House of Representatives for its
                          decision.
                              ``(ii) Determination.--No objection or any
                          other question arising in the matter may be
                          sustained unless such objection or question is
                          sustained by separate concurring votes of each
                          House.
                        ``(D) Reconvening.--When the two Houses have voted,
                    they shall immediately again meet, and the presiding
                    officer shall then announce the decision of the
                    questions submitted. No vote or paper from any other
                    State shall be acted upon until the objections
                    previously made to any vote or paper from any State, and
                    other questions arising in the matter, shall have been
                    finally disposed of.

        ``(e) Rules for Tabulating Votes.--
                ``(1) Counting of votes.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B)--
                              ``(i) only the votes of electors who have been
                          appointed under a certificate of ascertainment of
                          appointment of electors issued pursuant to section
                          5, or who have legally been appointed to fill a
                          vacancy of any such elector pursuant to section 4,
                          may be counted; and
                              ``(ii) no vote of an elector described in
                          clause (i) which has been regularly given shall be
                          rejected.
                        ``(B) Exception.--The vote of an elector who has
                    been appointed under a certificate of ascertainment of
                    appointment of electors issued pursuant to section 5
                    shall not be counted if--
                              ``(i) there is an objection which meets the
                          requirements of subsection (d)(2)(B)(i); and
                              ``(ii) each House affirmatively sustains the
                          objection as valid.
                ``(2) Determination of majority.--If the number of electors
            lawfully appointed by any State pursuant to a certificate of
            ascertainment of appointment of electors that is issued under
            section 5 is fewer than the number of electors to which the
            State is entitled under section 3, or if an objection the
            grounds for which are described in subsection (d)(2)(B)(ii)(I)
            has been sustained, the total number of electors appointed for
            the purpose of determining a majority of the whole number of
            electors appointed as required by the Twelfth Amendment to the
            Constitution shall be reduced by the number of electors whom the
            State has failed to appoint or as to whom the objection was
            sustained.
                ``(3) List of votes by tellers; declaration of winner.--The
            tellers shall make a list of the votes as they shall appear from
            the said certificates; and the votes having been ascertained and
            counted according to the rules in this subchapter provided,

    [[Page 136 STAT. 5240]]

            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, <<NOTE: 3 USC prec. 1.>> 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, <<NOTE: 3 USC prec. 1.>> 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. <<NOTE: 3 USC 22.>>  Severability
                ``If any provision of this chapter, or the application of a
            provision to any person or circumstance, is held to be

    [[Page 136 STAT. 5241]]

            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, <<NOTE: 3 USC prec. 1.>> is amended by
    adding at the end the following:

    ``22. Severability.''.

         TITLE II <<NOTE: Presidential Transition Improvement Act.>> --
    PRESIDENTIAL TRANSITION IMPROVEMENT ACT
    SEC. 201. <<NOTE: 3 USC 1 note.>>  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) <<NOTE: Determinations.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date. Determination.>>  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

    [[Page 136 STAT. 5242]]

            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) <<NOTE: Reports. Summary.>>  the Administrator shall
            provide weekly reports to Congress containing a brief summary of
            the status of funds being

    [[Page 136 STAT. 5243]]

            distributed to such candidates under this Act, the level of
            access to agency information and spaces provided to such
            candidates, and the status of such candidates with respect to
            meeting the qualifications to be the apparent successful
            candidate for the office of President or Vice President under
            subparagraph (B) or (C) of paragraph (1); and
                ``(D) <<NOTE: Deadline. Public information.>>  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

    [[Page 136 STAT. 5244]]

                                    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)--

    [[Page 136 STAT. 5245]]

                              (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

    [[Page 136 STAT. 5246]]

                          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. <<NOTE: 49 USC 40101 note.>>  ADVANCED AIR MOBILITY
                            INFRASTRUCTURE PILOT PROGRAM.

        (a) <<NOTE: Deadline. Grants.>> 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) <<NOTE: Deadline. Public information. Web
                    posting.>> 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

    [[Page 136 STAT. 5247]]

                          an eligible entity), including modifications to
                          existing infrastructure and ground sensors,
                          electric charging or other fueling requirements,
                          electric utility requirements, wireless and
                          cybersecurity requirements, fire safety, perimeter
                          security, and other necessary hardware or
                          software.
                              (v) A description of any hazard associated
                          with planned or potential vertiport
                          infrastructure, such as handling of hazardous
                          materials, batteries, or other fuel cells,
                          charging or fueling of aircraft, aircraft rescue
                          and firefighting response, and emergency planning.
                              (vi) A description of potential environmental
                          effects of planned or potential construction or
                          siting of vertiports, including efforts to reduce
                          potential aviation noise.
                              (vii) A description of how planned or
                          potential vertiport locations, including new or
                          repurposed infrastructure, fit into State and
                          local transportation systems and networks,
                          including--
                                        (I) connectivity to existing public
                                    transportation hubs and intermodal and
                                    multimodal facilities for AAM
                                    operations;
                                        (II) opportunities to create new
                                    service to rural areas and areas
                                    underserved by air transportation; or
                                        (III) any potential conflict with
                                    existing aviation infrastructure that
                                    may arise from the planned or potential
                                    location of the vertiport.
                              (viii) A description of how vertiport planning
                          will be incorporated in State or metropolitan
                          planning documents.
                              (ix) The identification of the process an
                          eligible entity will undertake to ensure an
                          adequate level of engagement with any potentially
                          impacted community for each planned or potential
                          vertiport location and planned or potential AAM
                          operations, such as engagement with communities in
                          rural areas, underserved communities, Tribal
                          communities, individuals with disabilities, or
                          racial and ethnic minorities to address equity of
                          access.
                              (x) The identification of State, local, or
                          private sources of funding an eligible entity may
                          use to assist with the construction or operation
                          of a vertiport.
                              (xi) The identification of existing Federal
                          aeronautical and airspace requirements that must
                          be met for the eligible entity's planned or
                          potential vertiport location.
                              (xii) The identification of the actions
                          necessary for an eligible entity to undertake the
                          construction of a vertiport, such as planning
                          studies to assess existing infrastructure,
                          environmental studies, studies of projected
                          economic benefit to the community, lease or
                          acquisition of an easement or land for new
                          infrastructure, and activities related to other
                          capital costs.
                (3) Application.--To apply for a grant under this
            subsection, an eligible entity shall provide to the Secretary an

    [[Page 136 STAT. 5248]]

            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) <<NOTE: Deadlines. Termination date.>>  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) <<NOTE: Evaluation.>>  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

    [[Page 136 STAT. 5249]]

                          design and operation of AAM infrastructure and
                          facilities.

        (c) Authorization of Appropriations.--
                (1) <<NOTE: Time periods.>> 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.

    [[Page 136 STAT. 5250]]

                (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. <<NOTE: Samya Rose Stumo National Air Grant Fellowship
                            Program Act of 2022.>>  SAMYA ROSE STUMO
                            NATIONAL AIR GRANT FELLOWSHIP PROGRAM.

        (a) <<NOTE: 49 USC 40101 note.>> 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) <<NOTE: 49 USC 40101 note.>> 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

    [[Page 136 STAT. 5251]]

            Fatikah Rani, Tan Toni, Tami Julian, Moedjiono, Deny Maula,
            Michelle Vergina Bonkal, Mathew Darryl Bongkal, Adonia Magdiel
            Bonkal, Fiona Ayu Zen S, Agil Nugroho Septian, Wahyu Alldilla,
            Xherdan Fachredzi, Deryl Fida Febrianto, Bambang Rosali Usman,
            Nikki Bagus Santoso, Andrea Manfredi, Muhammad Luthfi
            Nurrandhani, Shandy Johan Ramadhan, Muchtar Rasyid, Rebiyanti,
            Eka Suganda, Yulia Silvianti, Syahrudin, Sekar Maulana, Fais
            Saleh Harharah, Natalia Setiawan, Alfiani Hidayatul Solikah,
            Robert Susanto, Rudolf Petrus Sayers, Muhammad Syafi, Sian Sian,
            Arif Yustian, Vicky Ardian, Wanto, and Verian Utama;
                (2) the life of Samya Rose Stumo and the lives of 156
            passengers and crew who died in the Ethiopian Airlines Flight
            302 crash on March 10, 2019, are commemorated and recognized,
            including, but not limited to, Abdishakur Shahad, Abdullahi
            Mohammed, Adam Kornaski, Adam Mbicha, Professor Agnes W.
            Gathumbi, Ahmednur Mohammed Omar, Alexandra Wachtmeister, Ama
            Tesfamariam, Ambassador Abiodun Oluremi Bashua, Ameen Ismail
            Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela Rehhorn,
            Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last name
            unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, Kosha
            Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu,
            Bernard Musembi Mutua, Captain Yared Getachew, Carolyne Karanja,
            Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa,
            Chunming Jack Wang, Cosmas Kipngetich Rogony, CP Christine
            Alalo, Danielle Moore, Darcy Belanger, Dawn Tanner, Djordje
            Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha
            Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Father George
            Mukua, First Officer Ahmednur Mohammed, Ayantu Girma, Sara Gebre
            Michael, Carlo Spini, Gabriella Viciani, George Kabau, George
            Kabugi, George Kamau Thugge, Getnet Alemayehu, GaoShuang,
            Ghislaine De Claremont, Harina Hafitz, Siraje Hussein Abdi,
            Hussein Swaleh, Isaac Mwangi, Isabella Beryl Achieng Jaboma,
            Jackson Musoni, Jared Babu Mwazo, Mercy Ngami Ndivo, Jessica
            Hyba, Joanna Toole, Jonathan Seex, Jordi Dalmau Sayol, Josefin
            Ekermann, Joseph Kuria Waithaka, Julia Mwashi, Karim Saafi,
            Karoline Aadland, Kodjo Glato, Marcelino Rassul Tayob, Marie
            Philipp, Maria Pilar Buzzetti, Matthew Vecere, Max Thabiso
            Edkins, Mel Riffel, Micah John Messent, Michael Ryan, Meraf
            Yirgalem Areda, Juliet Otieno, Mulugeta Asfaw Shenkut, Mulusew
            Alemu, Mwazo, Nadia Adam Abaker Ali, Oliver Vick, Paolo Dieci,
            Peter DeMarsh, Professor Adesanmi, Saad Khalaf Al-Mutairi, Sam
            Pegram, Sara Chalachew, Sarah Auffret, Sebastiano Tusa, Shikha
            Garg, Sintayehu Aymeku, Sintayehu Shafi Balaker, Sofia Faisal
            Abdulkadir, Stephanie Lacroix, Stella Mbicha Konarska, Tamirat
            Mulu Demessie, Anthony Wanjohi Ngare, United States Army Captain
            Antoine Lewis, Vaibhav Lahoti, Victor Tsang, Virginia Chimenit,
            WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander
            Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini
            Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala
            Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy
            Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid
            Farrag Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin
            Yetao, Derick Lwugi, Reverend

    [[Page 136 STAT. 5252]]

            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. <<NOTE: 49 USC 44302a.>>  Temporary insurance

        ``(a) <<NOTE: Time period.>>  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, <<NOTE: 49 USC prec. 44301.>> is amended by
    inserting after the item relating to section 44302 the following:

    ``44302a. Temporary insurance.''.

    [[Page 136 STAT. 5253]]

    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. <<NOTE: 49 USC 40101 note.>> NATIONAL AVIATION
                            PREPAREDNESS PLAN.

        (a) <<NOTE: Deadline.>>  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;

    [[Page 136 STAT. 5254]]

                (9) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline. Assessment.>>  GAO Study.--Not later than 18
    months after the date of enactment of this section, the Comptroller
    General shall conduct and submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a study assessing
    the national aviation preparedness plan developed under subsection (a),
    including--
                (1) whether such plan--

    [[Page 136 STAT. 5255]]

                        (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.-- <<NOTE: Deadline. Establishment.>> 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) <<NOTE: Recommenda- tions.>> identify best practices and
            make recommendations to mitigate risks identified under
            paragraph (1) and support a robust United States aerospace
            supply chain.

        (b) <<NOTE: Appointments.>>  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.

    [[Page 136 STAT. 5256]]

                              (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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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.

    [[Page 136 STAT. 5257]]

        (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) <<NOTE: Recommenda- tions.>> 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 <<NOTE: Notification.>> 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) <<NOTE: Effective date.>>  shall take effect 1 year
            after the date of delivery of written notice of the election;
            and

    [[Page 136 STAT. 5258]]

                ``(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) <<NOTE: 49 USC 44729 note.>>  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 <<NOTE: No TikTok on Government Devices Act.>> --NO TIKTOK ON
    GOVERNMENT DEVICES
    SEC. 101. <<NOTE: 44 USC 3553 note.>> 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) <<NOTE: Deadline. Standards. Guidelines.>> 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 136 STAT. 5259]]

                (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-- <<NOTE: Driftnet Modernization and Bycatch Reduction
    Act.>> DRIFTNET MODERNIZATION
    SEC. 101. <<NOTE: 16 USC 1801 note.>> 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.--

    [[Page 136 STAT. 5260]]

                ``(1) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> is conducted within
                          5 years of the date of enactment of the Driftnet
                          Modernization and Bycatch Reduction Act''.
    SEC. 106. <<NOTE: 16 USC 1862 note.>>  FEES.

        (a) <<NOTE: Recommenda- tions.>> 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

    [[Page 136 STAT. 5261]]

                (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-- <<NOTE: Fishery Resource Disasters Improvement Act.>> FISHERY
    RESOURCE DISASTERS IMPROVEMENT
    SEC. 201. <<NOTE: 16 USC 1801 note.>> 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) <<NOTE: Time period.>> 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

    [[Page 136 STAT. 5262]]

                                        ``(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.--

    [[Page 136 STAT. 5263]]

                              ``(i) <<NOTE: Deadline.>> In general.--If the
                          Secretary has not independently determined that a
                          fishery resource disaster has occurred, a request
                          for a fishery resource disaster determination may
                          be submitted to the Secretary at any time, but not
                          later than the applicable date determined under
                          clause (ii), by--
                                        ``(I) the Governor of an affected
                                    State;
                                        ``(II) an official resolution of an
                                    Indian Tribe; or
                                        ``(III) any other comparable elected
                                    or politically appointed representative
                                    as determined by the Secretary.
                              ``(ii) Applicable date.--The applicable date
                          under this clause shall be--
                                        ``(I) 1 year after the date of the
                                    conclusion of the fishing season;
                                        ``(II) in the case of a distinct
                                    cause that occurs during more than 1
                                    consecutive fishing season, 2 years
                                    after the date of the conclusion of the
                                    fishing season for which the request for
                                    a fishery resource disaster
                                    determination is made; or
                                        ``(III) in the case of a complete
                                    fishery closure, 1 year after the date
                                    on which that closure is determined by
                                    the Secretary.
                        ``(B) Required information.--A complete request for
                    a fishery resource disaster determination under
                    subparagraph (A) shall include--
                              ``(i) identification of all presumed affected
                          fish stocks;
                              ``(ii) identification of the fishery as
                          Federal, non-Federal, or both;
                              ``(iii) the geographical boundaries of the
                          fishery, as determined by the eligible requester,
                          including geographic boundaries that are smaller
                          than the area represented by the eligible
                          requester;
                              ``(iv) preliminary information on causes of
                          the fishery resource disaster, if known; and
                              ``(v) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5264]]

                                        ``(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) <<NOTE: Deadline.>> 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;

    [[Page 136 STAT. 5265]]

                                                    ``(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) <<NOTE: Deadline.>> 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;

    [[Page 136 STAT. 5266]]

                              ``(iii) a combination of a natural cause and
                          an anthropogenic cause; or
                              ``(iv) an undetermined cause.
                        ``(B) Revenue loss thresholds.--
                              ``(i) <<NOTE: Applicability. Time period.>>
                          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) <<NOTE: Evaluation.>> 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) <<NOTE: Time period.>> 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--

    [[Page 136 STAT. 5267]]

                                        ``(I) the public; and
                                        ``(II) <<NOTE: Deadline.>>
                                    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) <<NOTE: Deadline.>> Spend plans.--To receive
                    an allocation from funds available under paragraph (9),
                    a requester with an affirmative fishery resource
                    disaster determination shall submit a spend plan to the
                    Secretary, not more than 120 days after receiving
                    notification that funds are available, that shall
                    include the following information, if applicable:
                              ``(i) Objectives and outcomes, with an
                          emphasis on addressing the factors contributing to
                          the fishery resource disaster and minimizing
                          future uninsured losses, if applicable.
                              ``(ii) Statement of work.
                              ``(iii) Budget details.
                        ``(E) Regional contact.--If so requested, the
                    Secretary shall provide a regional contact within the
                    National Oceanic and Atmospheric Administration to
                    facilitate review of spend plans and disbursal of funds.
                        ``(F) Disbursal of funds.--
                              ``(i) <<NOTE: Deadline.>> 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:

    [[Page 136 STAT. 5268]]

                                                ``(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

    [[Page 136 STAT. 5269]]

                                        ``(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.

    [[Page 136 STAT. 5270]]

        (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) <<NOTE: 16 USC 1861a note.>> 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) <<NOTE: 16 USC 1822.>> in section 202(h), by
                    striking paragraph (3); and
                        (B) <<NOTE: 16 USC 1826.>> 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) <<NOTE: Evaluation.>>  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) <<NOTE: List.>> a list and description of any
                    new fisheries developed by nations that conduct, or
                    authorize their nationals

    [[Page 136 STAT. 5271]]

                    to conduct, large-scale driftnet fishing beyond the
                    exclusive economic zone of any nation; and
                        ``(C) <<NOTE: List.>> 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 <<NOTE: Alaska Salmon Research Task Force Act.>> --ALASKA
    SALMON RESEARCH TASK FORCE
    SEC. 301. SHORT TITLE.

        This title may be cited as the ``Alaska Salmon Research Task Force
    Act''.
    SEC. 302. PURPOSES.

         The purposes of this title are--
                (1) to ensure that Pacific salmon trends in Alaska regarding
            productivity and abundance are characterized and that research
            needs are identified;
                (2) to prioritize scientific research needs for Pacific
            salmon in Alaska;
                (3) to address the increased variability or decline in
            Pacific salmon returns in Alaska by creating a coordinated
            salmon research strategy; and
                (4) to support collaboration and coordination for Pacific
            salmon conservation efforts in Alaska.
    SEC. 303. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) salmon are an essential part of Alaska's fisheries,
            including subsistence, commercial, and recreational uses, and
            there is an urgent need to better understand the freshwater and
            marine biology and ecology of salmon, a migratory species that
            crosses many borders, and for a coordinated salmon research
            strategy to address salmon returns that are in decline or
            experiencing increased variability;
                (2) salmon are an essential element for the well-being and
            health of Alaskans; and
                (3) there is a unique relationship between people of
            Indigenous heritage and the salmon they rely on for subsistence
            and traditional and cultural practices.

    [[Page 136 STAT. 5272]]

    SEC. 304. <<NOTE: Establishment.>>  ALASKA SALMON RESEARCH TASK
                            FORCE.

        (a) <<NOTE: Deadline.>> 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) <<NOTE: Review.>>  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--

    [[Page 136 STAT. 5273]]

                              (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) <<NOTE: Recommenda- tion.>>
                          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) <<NOTE: Establishment.>> Work groups.--
                        (A) In general.--The Research Task Force--
                              (i) <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5274]]

                              (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) <<NOTE: 16 USC 1826j.>>  in section 609--
                        (A) by striking subsection (e); and
                        (B) by redesignating subsections (f) and (g) as
                    subsections (e) and (f), respectively; and
                (2) <<NOTE: 16 USC 1826k.>>  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

    [[Page 136 STAT. 5275]]

                              (iii) by striking subparagraph (C).

    DIVISION <<NOTE: SECURE 2.0 Act of 2022.>> T--SECURE 2.0 ACT OF 2022
    SEC. 1. SHORT TITLE; ETC.

        (a) <<NOTE: 26 USC 1 note.>>  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. <<NOTE: 26 USC 414A.>>  REQUIREMENTS RELATED TO
                              AUTOMATIC ENROLLMENT.

        ``(a) In General.--Except as otherwise provided in this section--
                ``(1) an arrangement shall not be treated as a qualified
            cash or deferred arrangement described in section 401(k) unless
            such arrangement meets the automatic enrollment requirements of
            subsection (b), and
                ``(2) an annuity contract otherwise described in section
            403(b) which is purchased under a salary reduction agreement
            shall not be treated as described in such section unless such
            agreement meets the automatic enrollment requirements of
            subsection (b).

        ``(b) Automatic Enrollment Requirements.--
                ``(1) In general.--An arrangement or agreement meets the
            requirements of this subsection if such arrangement or agreement
            is an eligible automatic contribution arrangement (as defined in
            section 414(w)(3)) which meets the requirements of paragraphs
            (2) through (4).
                ``(2) Allowance of permissible withdrawals.--An eligible
            automatic contribution arrangement meets the requirements of
            this paragraph if such arrangement allows employees to make
            permissible withdrawals (as defined in section 414(w)(2)).
                ``(3) Minimum contribution percentage.--
                        ``(A) In general.--An eligible automatic
                    contribution arrangement meets the requirements of this
                    paragraph if--
                              ``(i) the uniform percentage of compensation
                          contributed by the participant under such
                          arrangement during the first year of participation
                          is not less than 3 percent and not more than 10
                          percent (unless the

    [[Page 136 STAT. 5276]]

                          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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> (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) <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 5277]]

                    year with respect to which the employer maintaining the
                    plan normally employed more than 10 employees.
                        ``(C) <<NOTE: Applicability.>>  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 <<NOTE: 26 USC prec. 410.>> is amended by
    inserting after the item relating to section 414 the following new item:

    ``Sec. 414A. Requirements related to automatic enrollment.''.

        (c) <<NOTE: 26 USC 414A note.>> 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 <<NOTE: 26 USC 45E.>>  amended by adding at the end the
    following new paragraph:
                ``(4) Increased credit for certain small employers.--In
            the <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 5278]]

                          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 folloThe applicable percentage shall be:
            taxable year beginning after
            the taxable year during
            which plan is established
            with respect to the eligible
            employer:
            1st.....................................................    100%
            2nd.....................................................     75%
            3rd.....................................................     50%
            4th.....................................................     25%
            Any taxable year thereafter.............................      0%

                ``(4) Determination of eligible employer; number of
            employees.--For <<NOTE: Applicability.>> 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) <<NOTE: 26 USC 45E note.>> Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2022.

    [[Page 136 STAT. 5279]]

    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. <<NOTE: 26 USC 6433.>>  6433. SAVER'S MATCH.

        ``(a) In General.--
                ``(1) Allowance of match.--Any eligible individual who makes
            qualified retirement savings contributions for the taxable year
            shall be allowed a matching contribution for such taxable year
            in an amount equal to the applicable percentage of so much of
            the qualified retirement savings contributions made by such
            eligible individual for the taxable year as does not exceed
            $2,000.
                ``(2) Payment of match.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the matching contribution under this
                    section shall be allowed as a credit which shall be
                    payable by the Secretary as a contribution (as soon as
                    practicable after the eligible individual has filed a
                    tax return making a claim for such matching contribution
                    for the taxable year) to the applicable retirement
                    savings vehicle of the eligible individual.
                        ``(B) Exception.--In the case of an eligible
                    individual who elects the application of this
                    subparagraph and with respect to whom the matching
                    contribution determined under paragraph (1) is greater
                    than zero but less than $100 for the taxable year,
                    subparagraph (A) shall not apply and such matching
                    contribution shall be treated as a credit allowed by
                    subpart C of part IV of subchapter A of chapter 1.

        ``(b) Applicable Percentage.--For purposes of this section--
                ``(1) In general.--Except as provided in paragraph (2), the
            applicable percentage is 50 percent.
                ``(2) Phaseout.--The percentage under paragraph (1) shall be
            reduced (but not below zero) by the number of percentage points
            which bears the same ratio to 50 percentage points as--
                        ``(A) the excess of--
                              ``(i) the taxpayer's modified adjusted gross
                          income for such taxable year, over
                              ``(ii) the applicable dollar amount, bears to
                        ``(B) the phaseout range.
            If any reduction determined under this paragraph is not a whole
            percentage point, such reduction shall be rounded to the next
            lowest whole percentage point.
                ``(3) Applicable dollar amount; phaseout range.--
                        ``(A) Joint returns and surviving spouses.--Except
                    as provided in subparagraph (B)--
                              ``(i) the applicable dollar amount is $41,000,
                          and
                              ``(ii) the phaseout range is $30,000.
                        ``(B) Other returns.--In the case of--
                              ``(i) a head of a household (as defined in
                          section 2(b)), the applicable dollar amount and
                          the phaseout range shall be \3/4\ of the amounts
                          applicable under subparagraph (A) (as adjusted
                          under subsection (h)), and

    [[Page 136 STAT. 5280]]

                              ``(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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5281]]

                              ``(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) <<NOTE: Definition.>> 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.

    [[Page 136 STAT. 5282]]

                ``(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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>> 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.

    [[Page 136 STAT. 5283]]

                ``(6) Saver's match recovery payments.--
                        ``(A) In general.--In the case of an applicable
                    retirement savings vehicle to which contributions have
                    been made under subsection (a)(2), and from which a
                    specified early distribution has been made during the
                    taxable year, if the aggregate amount of such
                    contributions exceeds the account balance of such
                    savings vehicle at the end of the such taxable year, the
                    tax imposed by chapter 1 shall be increased by an amount
                    equal to such excess (reduced by the amount by which the
                    tax under such chapter was increased under section
                    72(t)(1) with respect to such distribution).
                        ``(B) Specified early distribution.--For purposes of
                    this paragraph, the term `specified early distribution'
                    means any portion of a distribution--
                              ``(i) which is from such applicable retirement
                          savings vehicle to which a contribution has been
                          made under subsection (a)(2),
                              ``(ii) which is includible in gross income,
                          and
                              ``(iii) to which 72(t)(1) applies.
                        ``(C) Excess may be repaid.--
                              ``(i) In general.--The increase in tax for any
                          taxable year under subparagraph (A) shall be
                          reduced (but not below zero) by so much of such
                          specified early distribution as the individual
                          elects to contribute to an applicable retirement
                          savings vehicle not later than the day prescribed
                          by law (including extensions of time) for filing
                          such individual's return for such taxable year.
                              ``(ii) Contribution of excess.--Any individual
                          who elects to contribute an amount under clause
                          (i) may make one or more contributions in an
                          aggregate amount not to exceed the amount of the
                          specified early distribution to which the election
                          relates to an applicable retirement savings
                          vehicle and to which a rollover contribution of
                          such distribution could be made under section
                          402(c), 403(b)(8), 408(d)(3), or 457(e)(16), as
                          the case may be.
                              ``(iii) Limitation on contributions to
                          applicable retirement savings vehicle other than
                          iras.--The aggregate amount of contributions made
                          by an individual under clause (ii) to any
                          applicable savings retirement vehicle which is not
                          an individual retirement plan shall not exceed the
                          aggregate amount of specified early retirement
                          distributions which are made from such savings
                          retirement vehicle to such individual. Clause (ii)
                          shall not apply to contributions to any applicable
                          retirement savings vehicle which is not an
                          individual retirement plan unless the individual
                          is eligible to make contributions (other than
                          those described in clause (ii)) to such retirement
                          savings vehicle.
                              ``(iv) Treatment of repayments of
                          distributions from applicable eligible retirement
                          plans other than iras.--If
                          a <<NOTE: Deadline.>> contribution is made under
                          clause (ii) with respect to a specified early
                          distribution from an applicable savings retirement
                          vehicle other than

    [[Page 136 STAT. 5284]]

                          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 <<NOTE: Deadline.>> 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) <<NOTE: 26 USC 6433 note.>>  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. <<NOTE: Determination.>> 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

    [[Page 136 STAT. 5285]]

            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) <<NOTE: 26 USC
            6211.>>  is amended by striking ``and 7527A'' and inserting
            ``7527A, and 6433''.
                (2) <<NOTE: 26 USC 6058 note.>>  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.--

    [[Page 136 STAT. 5286]]

                (1) Paragraph (1) of section 25B(d) <<NOTE: 26 USC 25B.>>
            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 <<NOTE: 26 USC
            prec. 6411.>> chapter 65 is amended by adding at the end the
            following new item:

    ``Sec. 6433. Saver's Match.''.

        (f) <<NOTE: 26 USC 6433 note.>> 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) <<NOTE: 26 USC 6433 note.>> 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) <<NOTE: 29 USC 1002 note.>> 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) <<NOTE: 26 USC 403.>> is amended by
    adding at the end the following new paragraph:
                ``(15) Multiple employer plans.--

    [[Page 136 STAT. 5287]]

                        ``(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 <<NOTE: 26 USC 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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> the case of annuity contracts to which this
    section applies and to which section 403(b) applies by reason of the
    plan under which such contracts are purchased meeting the requirements
    of paragraph (15) thereof, such plan shall be treated as a single plan
    for purposes of this section.''.

        (d) Amendments to Employee Retirement Income Security Act of 1974.--
                (1) In general.--Section 3(43)(A) of the Employee Retirement
            Income Security Act of 1974 <<NOTE: 29 USC 1002.>>  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

    [[Page 136 STAT. 5288]]

                    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 <<NOTE: 29 USC 1002.>>  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 <<NOTE: Applicability. 26 USC 403
    note.>> 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) <<NOTE: 26 USC 413 note.>> 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 <<NOTE: 26 USC 403 note.>> 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

    [[Page 136 STAT. 5289]]

    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) <<NOTE: 26 USC 403 note.>> In general.--The amendments
            made by this section shall apply to plan years beginning after
            December 31, 2022.
                (2) <<NOTE: 26 USC 403 note.>> 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) <<NOTE: 26 USC 401.>> 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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 219 note.>>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2023.

    [[Page 136 STAT. 5290]]

    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: <<NOTE: Effective date.>>  ``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) <<NOTE: 26 USC 414 note.>> 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) <<NOTE: Definitions.>> Qualified Student Loan Payment.--
    Paragraph (4) of section 401(m) is amended by adding at the end the
    following new subparagraph:

    [[Page 136 STAT. 5291]]

                        ``(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) <<NOTE: 26 USC 401.>>  is amended by redesignating
    paragraph (13) as paragraph (14), and by inserting after paragraph (12)
    the following new paragraph:
                ``(13) Matching contributions for qualified student loan
            payments.--
                        ``(A) In general.--For purposes of paragraph
                    (4)(A)(iii), an employer contribution made to a defined
                    contribution plan on account of a qualified student loan
                    payment shall be treated as a matching contribution for
                    purposes of this title if--
                              ``(i) the plan provides matching contributions
                          on account of elective deferrals at the same rate
                          as contributions on account of qualified student
                          loan payments,
                              ``(ii) the plan provides matching
                          contributions on account of qualified student loan
                          payments only on behalf of employees otherwise
                          eligible to receive matching contributions on
                          account of elective deferrals,
                              ``(iii) under the plan, all employees eligible
                          to receive matching contributions on account of
                          elective deferrals are eligible to receive
                          matching contributions on account of qualified
                          student loan payments, and
                              ``(iv) the plan provides that matching
                          contributions on account of qualified student loan
                          payments vest in the same manner as matching
                          contributions on account of elective deferrals.
                        ``(B) Treatment for purposes of nondiscrimination
                    rules, etc.--
                              ``(i) Nondiscrimination rules.--For purposes
                          of subparagraph (A)(iii), subsection (a)(4), and
                          section 410(b), matching contributions described
                          in paragraph (4)(A)(iii) shall not fail to be
                          treated as available to an employee solely because
                          such employee does not

    [[Page 136 STAT. 5292]]

                          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 <<NOTE: 26 USC 408.>> 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) <<NOTE: Definitions.>> 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).

    [[Page 136 STAT. 5293]]

                              ``(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) <<NOTE: 26
    USC 403.>>  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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 45E note.>> Effective Date.--The amendment made
    by this section shall take effect as if included in the enactment of
    section 104

    [[Page 136 STAT. 5294]]

    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. <<NOTE: 26 USC 45AA.>> 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) <<NOTE: Definition.>>  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) <<NOTE: Definitions.>>  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--

    [[Page 136 STAT. 5295]]

                        ``(A) <<NOTE: Time period.>> 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) <<NOTE: 26 USC 38.>>  is amended by striking ``plus'' at the end
    of paragraph (39), by striking the period at the end of paragraph (40)
    and inserting ``, plus'', and by adding at the end the following new
    paragraph:
                ``(41) in the case of an eligible small employer (as defined
            in section 45AA(c)), the military spouse retirement plan
            eligibility credit determined under section 45AA(a).''.

        (c) Specified Credit for Purposes of Certified Professional Employer
    Organizations.--Section 3511(d)(2) is amended by redesignating
    subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I),
    respectively, and by inserting after subparagraph (E) the following new
    subparagraph:
                        ``(F) section 45AA (military spouse retirement plan
                    eligibility credit),''.

        (d) Clerical Amendment.--The table of sections for subpart D of part
    IV of subchapter A of chapter 1 <<NOTE: 26 USC prec. 38.>> is amended by
    adding at the end the following new item:

    ``Sec. 45AA. Military spouse retirement plan eligibility credit for
               small employers.''.

        (e) <<NOTE: 26 USC 38 note.>> 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).''.

    [[Page 136 STAT. 5296]]

        (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) <<NOTE: 26 USC 401 note.>> 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) <<NOTE: 26 USC 1042.>> 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) <<NOTE: 26 USC 1042 note.>> 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 <<NOTE: Definition.>> of this
                          subparagraph, the term `emergency personal expense
                          distribution' means any distribution from an
                          applicable eligible retirement plan

    [[Page 136 STAT. 5297]]

                          (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) <<NOTE: Applicability.>>  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 <<NOTE: Time
                          period.>> 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) <<NOTE: Applicability.>>  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) <<NOTE: Time period.>> 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) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendments made
    by this section shall apply to distributions made after December 31,
    2023.

    [[Page 136 STAT. 5298]]

    SEC. 116. ALLOW ADDITIONAL NONELECTIVE CONTRIBUTIONS TO SIMPLE
                            PLANS.

        (a) In General.--
                (1) Modification to definition.--Subparagraph (A) of section
            408(p)(2) <<NOTE: 26 USC 408.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Effective date.>> 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.--

    [[Page 136 STAT. 5299]]

                (1) Section 408(p)(2)(A)(v), as redesignated by subsection
            (a), is <<NOTE: 26 USC 408.>> amended by striking ``or (iii)''
            and inserting ``, (iii), or (iv)''.
                (2) Section 401(k)(11)(B)(i) is amended by striking ``and''
            at the end of subclause (II), by redesignating subclause (III)
            as subclause (IV), and by inserting after subclause (II) the
            following new subclause:
                                        ``(III) the employer may make
                                    nonelective contributions of a uniform
                                    percentage (up to 10 percent) of
                                    compensation, but not to exceed the
                                    amount in effect under section
                                    408(p)(2)(A)(iv) in any year, for each
                                    employee who is eligible to participate
                                    in the arrangement and who has at least
                                    $5,000 of compensation from the employer
                                    for the year, and''.
                (3) Section 401(k)(11)(B)(i)(IV), as redesignated by
            paragraph (2), is amended by striking ``or (II)'' and inserting
            ``, (II), or (III)''.

        (c) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: Effective
                                    dates.>> 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

    [[Page 136 STAT. 5300]]

                                    period taken into account shall be the
                                    calendar quarter beginning July 1,
                                    2023.''.

        (b) Catch-up Contributions.--Paragraph (2) of <<NOTE: 26 USC
    414.>> 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) <<NOTE: Applicability.>>  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) <<NOTE: Effective dates.>>  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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> case
                          of an employer which had more than 25 employees
                          who received at least $5,000 of compensation from
                          the employer for the preceding

    [[Page 136 STAT. 5301]]

                          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, <<NOTE: 26 USC 408.>>  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 <<NOTE: Applicability.>> 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) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2023.

        (i) <<NOTE: 26 USC 401 note.>> Reports by Secretary.--
                (1) <<NOTE: Recommenda- tions.>> 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

    [[Page 136 STAT. 5302]]

            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) <<NOTE: 26 USC 4972 note.>> 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) <<NOTE: Time period.>>  the plan year
                          in which distributions commence under the plan
                          with respect to the participant, or

    [[Page 136 STAT. 5303]]

                    for any of the 5 plan years immediately preceding such
                    earlier plan year.
                        ``(B) Eligible rural electric cooperative plan.--For
                    purposes of this paragraph--
                              ``(i) <<NOTE: Definition.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 415 note.>>  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).

    [[Page 136 STAT. 5304]]

                        ``(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) <<NOTE: Deadline.>> 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,

    [[Page 136 STAT. 5305]]

                                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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. <<NOTE: Deadline.>> 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.

    [[Page 136 STAT. 5306]]

                                    ``(II) <<NOTE: Regulations. Compliance.>>
                                     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) <<NOTE: Lists.>> 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) <<NOTE: Deadline. Guidance. Requirements. 26 USC 4975 note.>>
    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) <<NOTE: Plan.>> 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) <<NOTE: Plan.>> 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,

    [[Page 136 STAT. 5307]]

                (7) require an automatic portability provider to take
            actions necessary to reasonably ensure that participant and
            beneficiary data is current and accurate,
                (8) limit the use of data related to automatic portability
            transactions for any purpose other than the execution of such
            transactions or locating missing participants, except as
            permitted by the Secretary of Labor,
                (9) provide for corrections procedures in the event an
            auditor determines the automatic portability provider was not in
            compliance with this provision and related regulations as
            specified in paragraph (12)(B)(ix)(II) of section 4975(f) of
            such Code, as so added, including deadlines, supplemental
            audits, and corrective actions which may include a temporary
            prohibition from relying on the exemption provided by paragraph
            (25) of section 4975(d) of such Code, as added by this section,
                (10) ensure that the appropriate participants and
            beneficiaries, in fact, receive all the required notices and
            disclosures, and
                (11) make clear that the exemption provided by paragraph
            (25) of section 4975(d) of such Code, as added by this section,
            applies solely to the automatic portability transactions
            described therein, and, to the extent the Secretary deems
            necessary or advisable, specify how the application of the
            exemption relates to or coordinates with the application of
            other statutory provisions, regulations, administrative
            guidance, or exemptions.

    Any term used in this subsection which is used in paragraph (12) of
    section 4975(f) of such Code, as added by this section, has the same
    meaning as when used in such paragraph.
        (d) <<NOTE: 26 USC 4975 note.>>  Report to Congress.--
                (1) <<NOTE: Summaries.>> 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

    [[Page 136 STAT. 5308]]

                              (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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 26 USC 4975 note.>> 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. <<NOTE: Definitions.>> STARTER 401(k) PLANS FOR
                            EMPLOYERS WITH NO RETIREMENT PLAN.

        (a) In General.--Section 401(k) <<NOTE: 26 USC 401.>>  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

    [[Page 136 STAT. 5309]]

                          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) <<NOTE: Effective date.>> 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) <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 5310]]

                          (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, <<NOTE: 26 USC 403.>> 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.

    [[Page 136 STAT. 5311]]

                              ``(ii) <<NOTE: Effective date.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: 26 USC 416.>>  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) <<NOTE: 26 USC 401 note.>> 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:

    [[Page 136 STAT. 5312]]

        ``(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) <<NOTE: Deadline. Regulations. Guidance.>>  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) <<NOTE: Reports. Time period.>> 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).

    [[Page 136 STAT. 5313]]

        ``(6) <<NOTE: Definition.>> 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) <<NOTE: 31 USC 3105 note.>>  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) <<NOTE: 26 USC 401.>>  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

    [[Page 136 STAT. 5314]]

                                    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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 529A note.>>  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) <<NOTE: Time period.>>  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 <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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.--

    [[Page 136 STAT. 5315]]

                        (A) In general.--Section 403(b)(12) <<NOTE: 26 USC
                    403.>> is amended by adding at the end the following new
                    subparagraph:
                        ``(D) Rules relating to certain part-time
                    employees.--
                              ``(i) In general.--In the case of employees
                          who are eligible to participate in the agreement
                          solely by reason of section 202(c)(1)(B) of the
                          Employee Retirement Income Security Act of 1974--
                                        ``(I) notwithstanding section
                                    401(a)(4), an employer shall not be
                                    required to make nonelective or matching
                                    contributions on behalf of such
                                    employees even if such contributions are
                                    made on behalf of other employees
                                    eligible to participate in the plan, and
                                        ``(II) the employer may elect to
                                    exclude such employees from the
                                    application of subsections (a)(4),
                                    (k)(3), (k)(12), (k)(13), and (m)(2) of
                                    section 401 and section 410(b).''.
                        (B) Conforming amendment.--
                              (i) The last sentence of section
                          403(b)(12)(A), as amended by this Act, is further
                          amended by inserting ``and section 202(c) of the
                          Employee Retirement Income Security Act of 1974''
                          after ``under section 410(b)(4)''.
                              (ii) Section 401(k)(15)(B)(i) is amended by
                          inserting ``, or by reason of such paragraph and
                          section 202(c)(1)(B) of the Employee Retirement
                          Income Security Act of 1974'' after ``paragraph
                          (2)(D)(ii)''.

        (b) Vesting.--Section 203(b) of the Employee Retirement Income
    Security Act of 1974 (29 U.S.C. 1053(b)) is amended by redesignating
    paragraph (4) as paragraph (5) and by inserting after paragraph (3) the
    following new paragraph:
                ``(4) Part-time employees.--For purposes of determining
            whether an employee who became eligible to participate in a
            qualified cash or deferred arrangement or a salary reduction
            agreement under a plan solely by reason of section 202(c)(1)(B)
            has a nonforfeitable right to employer contributions--
                        ``(A) except as provided in subparagraph (B), each
                    12-month period for which the employee has at least 500
                    hours of service shall be treated as a year of service;
                    and
                        ``(B) <<NOTE: Applicability.>> 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 <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 5316]]

    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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 5317]]

                    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) <<NOTE: 26
                    USC 408A.>>  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) <<NOTE: Reports.>> 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) <<NOTE: 26 USC 408A note.>>  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,

    [[Page 136 STAT. 5318]]

            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. <<NOTE: 29 USC 1193.>> 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) <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5319]]

                              ``(iii) be, as selected by the plan sponsor,
                          held as cash, in an interest-bearing deposit
                          account, or in an investment product--
                                        ``(I) designed to--
                                                ``(aa) maintain over the
                                            term of the investment, the
                                            dollar value that is equal to
                                            the amount invested in the
                                            product; and
                                                ``(bb) preserve principal
                                            and provide a reasonable rate of
                                            return, whether or not such
                                            return is guaranteed, consistent
                                            with the need for liquidity; and
                                        ``(II) offered by a State- or
                                    federally-regulated financial
                                    institution;
                        ``(B) may be subject to, as permitted by the
                    Secretary, reasonable restrictions; and
                        ``(C)(i) may not, for not less than the first 4
                    withdrawals of funds from the account in a plan year, be
                    subject to any fees or charges solely on the basis of
                    such a withdrawal; and
                        ``(ii) may, for any subsequent withdrawal in a plan
                    year, be subject to reasonable fees or charges in
                    connection with such a withdrawal, including reasonable
                    reimbursement fees imposed for the incidental costs of
                    handling of paper checks.
                ``(2) Establishment and termination of account.--
                        ``(A) Establishment of account.--The pension-linked
                    emergency savings account feature shall be included in
                    the plan document of the individual account plan. Such
                    individual account plan shall--
                              ``(i) separately account for contributions to
                          the pension-linked emergency savings account of
                          the individual account plan and any earnings
                          properly allocable to the contributions;
                              ``(ii) maintain separate recordkeeping with
                          respect to each such pension-linked emergency
                          savings account; and
                              ``(iii) allow withdrawals from such account in
                          accordance with section 402A(e)(7) of the Internal
                          Revenue Code of 1986.
                        ``(B) Termination of account.--A plan sponsor may
                    terminate the pension-linked emergency savings account
                    feature of an individual account plan at any time.

        ``(d) Account Contributions.--
                ``(1) Limitation.--
                        ``(A) In general.--Subject to subparagraph (B), no
                    contribution shall be accepted to a pension-linked
                    emergency savings account to the extent such
                    contribution would cause the portion of the account
                    balance attributable to participant contributions to
                    exceed the lesser of--
                              ``(i) $2,500; or
                              ``(ii) an amount determined by the plan
                          sponsor of the pension-linked emergency savings
                          account.
                    <<NOTE: Effective dates.>> 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

    [[Page 136 STAT. 5320]]

                    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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5321]]

                    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

    [[Page 136 STAT. 5322]]

                    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) <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5323]]

                    described in section 402A(e)(4) of the Internal Revenue
                    Code of 1986.
                ``(2) <<NOTE: Deadline.>> Regulations or other guidance.--
            The Secretary of the Treasury, in consultation with the
            Secretary of Labor, shall issue regulations or other guidance
            not later than 12 months after the date of the enactment of the
            SECURE 2.0 Act of 2022 with respect to the anti-abuse rules
            described in paragraph (1).
    ``SEC. 802. <<NOTE: 29 USC 1193a.>> 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. <<NOTE: Regulations. Applicability.>> 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. <<NOTE: 29 USC 1193b.>>  REPORTING AND DISCLOSURE
                            REQUIREMENTS.

        ``The Secretary shall--
                ``(1) <<NOTE: Regulations.>> 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. <<NOTE: 29 USC 1193c.>>  REPORT TO CONGRESS ON
                            EMERGENCY SAVINGS ACCOUNTS.

        ``The Secretary of Labor and the Secretary of the Treasury shall--
                ``(1) <<NOTE: Study.>>  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.''.

    [[Page 136 STAT. 5324]]

        (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) <<NOTE: 26 USC 402A.>> 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

    [[Page 136 STAT. 5325]]

                              ``(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 <<NOTE: Effective dates.>> 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--

    [[Page 136 STAT. 5326]]

                        ``(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) <<NOTE: Time periods.>>  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;

    [[Page 136 STAT. 5327]]

                              ``(vii) the designated investment option under
                          section 801(c)(1)(A)(iii) of the Employee
                          Retirement Income Security Act of 1974 for amounts
                          contributed to the pension-linked emergency
                          savings account;
                              ``(viii) the options under section 801(e) of
                          such Act for the account balance of the pension-
                          linked emergency savings account after termination
                          of the employment of the participant; and
                              ``(ix) the ability of a participant who
                          becomes a highly compensated employee (as such
                          term is defined in section 414(q)) to, as
                          described in section 801(b)(2) of the Employee
                          Retirement Income Security Act of 1974, withdraw
                          any account balance from a pension-linked
                          emergency savings account and the restriction on
                          the ability of such a participant to make further
                          contributions to the pension-linked emergency
                          savings account.
                        ``(B) Notice requirements.--A notice furnished to a
                    participant under subparagraph (A) shall be--
                              ``(i) sufficiently accurate and comprehensive
                          to apprise the participant of the rights and
                          obligations of the participant with regard to the
                          pension-linked emergency savings account of the
                          participant; and
                              ``(ii) written in a manner calculated to be
                          understood by the average participant.
                        ``(C) Consolidated notices.--The required notices
                    under subparagraph (A) may be included with any other
                    notice under the Employee Retirement Income Security Act
                    of 1974, including under section 404(c)(5)(B) or
                    514(e)(3) of such Act, or under section 401(k)(13)(E) or
                    414(w)(4), if such other notice is provided to the
                    participant at the time required for such notice.
                ``(6) Employer matching contributions to a defined
            contribution plan for employee contributions to a pension-linked
            emergency savings account.--
                        ``(A) In general.--If an employer makes any matching
                    contributions to a defined contribution plan of which a
                    pension-linked emergency savings account is part,
                    subject to the limitations of paragraph (3), the
                    employer shall make matching contributions on behalf of
                    an eligible participant on account of the participant's
                    contributions to the pension-linked emergency savings
                    account at the same rate as any other matching
                    contribution on account of an elective contribution by
                    such participant. The matching contributions shall be
                    made to the participant's account under the defined
                    contribution plan which is not the pension-linked
                    emergency savings account. Such matching contributions
                    on account of contributions to the pension-linked
                    emergency savings account shall not exceed the maximum
                    account balance under paragraph (3)(A) for such plan
                    year.
                        ``(B) Coordination rule.--For purposes of any
                    applicable limitation on matching contributions, any
                    matching contributions made under the plan shall be
                    treated first as attributable to the elective deferrals
                    of the participant other than contributions to a
                    pension-linked emergency savings account.

    [[Page 136 STAT. 5328]]

                        ``(C) <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5329]]

                    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 <<NOTE: Regulations.>> 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) <<NOTE: 26 USC 402A note.>>  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.

    [[Page 136 STAT. 5330]]

        (g) <<NOTE: 26 USC 72 note.>> 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) <<NOTE: 26
    USC 403.>> 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) <<NOTE: 26 USC 403 note.>>  Effective Date.--The amendments made
    by this section shall apply to amounts invested after the date of the
    enactment of this Act.

                        TITLE II--PRESERVATION OF INCOME

    SEC. 201. REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE
                            ANNUITIES.

        (a) In General.--Section 401(a)(9) is amended by adding at the end
    the following new subparagraph:
                        ``(J) Certain increases in payments under a
                    commercial annuity.--Nothing in this section shall
                    prohibit a commercial annuity (within the meaning of
                    section 3405(e)(6)) that is issued in connection with
                    any eligible retirement plan (within the meaning of
                    section 402(c)(8)(B), other than a defined benefit plan)
                    from providing one or more of the following types of
                    payments on or after the annuity starting date:
                              ``(i) annuity payments that increase by a
                          constant percentage, applied not less frequently
                          than annually, at a rate that is less than 5
                          percent per year,
                              ``(ii) a lump sum payment that--
                                        ``(I) results in a shortening of the
                                    payment period with respect to an
                                    annuity or a full or partial commutation
                                    of the future annuity payments, provided
                                    that such lump sum is determined using
                                    reasonable actuarial methods and
                                    assumptions, as determined in good faith
                                    by the issuer of the contract, or
                                        ``(II) accelerates the receipt of
                                    annuity payments that are scheduled to
                                    be received within the ensuing 12
                                    months, regardless of whether such
                                    acceleration shortens the payment period
                                    with respect to the annuity, reduces the
                                    dollar amount of benefits to be paid
                                    under the contract, or results in a
                                    suspension of annuity payments during
                                    the period being accelerated,
                              ``(iii) an amount which is in the nature of a
                          dividend or similar distribution, provided that
                          the issuer

    [[Page 136 STAT. 5331]]

                          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) <<NOTE: 26 USC 401 note.>> Effective Date.--This section shall
    apply to calendar years ending after the date of the enactment of this
    Act.
    SEC. <<NOTE: 26 USC 401 note.>> 202. QUALIFYING LONGEVITY ANNUITY
                            CONTRACTS.

        (a) <<NOTE: Deadline. Regulations.>> 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) <<NOTE: Effective dates.>>  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

    [[Page 136 STAT. 5332]]

            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.

    [[Page 136 STAT. 5333]]

    SEC. <<NOTE: 26 USC 817 note.>>  203. INSURANCE-DEDICATED
                            EXCHANGE-TRADED FUNDS.

        (a) <<NOTE: Deadline. Regulations.>> 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

    [[Page 136 STAT. 5334]]

            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. <<NOTE: 26 USC 401 note.>> ELIMINATING A PENALTY ON
                            PARTIAL ANNUITIZATION.

        (a) Eliminating a Penalty on Partial Annuitization.--The Secretary
    of the Treasury (or the Secretary's delegate) shall amend the
    regulations under section 401(a)(9) of the Internal Revenue Code of 1986
    to provide that if an employee's benefit is in the form of an individual
    account under a defined contribution plan, the plan may allow the
    employee to elect to have the amount required to be distributed from
    such account under such section for a year to be calculated as the
    excess of the total required amount for such year over the annuity
    amount for such year.
        (b) Definitions.--For purposes of this section--
                (1) Total required amount.--The term ``total required
            amount'', with respect to a year, means the amount which would
            be required to be distributed under Treas. Reg. section
            1.401(a)(9)-5 (or any successor regulation) for the year,
            determined by treating the account balance as of the last
            valuation date in the immediately preceding calendar year as
            including the value on that date of all annuity contracts which
            were purchased with a portion of the account and from which
            payments are made in accordance with Treas. Reg. section
            1.401(a)(9)-6.
                (2) Annuity amount.--The term ``annuity amount'', with
            respect to a year, is the total amount distributed in the year
            from all annuity contracts described in paragraph (1).

        (c) Conforming Regulatory Amendments.--The Secretary of the Treasury
    (or the Secretary's delegate) shall amend the regulations under sections
    403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue
    Code of 1986 to conform to the amendments described in subsection (a).
    Such conforming amendments shall treat all individual retirement plans
    (as defined in section 7701(a)(37) of such Code) which an individual
    holds as the owner, or which an individual holds as a beneficiary of the
    same decedent, as one such plan for purposes of the amendments described
    in subsection (a). Such conforming amendments shall also treat all
    contracts described in section 403(b) of such Code which an individual
    holds as an employee, or which an individual holds as a beneficiary of
    the same decedent, as one such contract for such purposes.
        (d) Effective Date.--The modifications and amendments required under
    subsections (a) and (c) shall be deemed to have been made as of the date
    of the enactment of this Act, and as of such date--
                (1) all applicable laws shall be applied in all respects as
            though the actions which the Secretary of the Treasury (or the
            Secretary's delegate) is required to take under such subsections
            had been taken, and

    [[Page 136 STAT. 5335]]

                (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

    [[Page 136 STAT. 5336]]

                        ``(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

    [[Page 136 STAT. 5337]]

                    or beneficiary is first notified in writing of the
                    error, except in the case of fraud or misrepresentation
                    by the participant.
                        ``(G) <<NOTE: Applicability.>>  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 <<NOTE: 26 USC
            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

    [[Page 136 STAT. 5338]]

                    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) <<NOTE: Applicability.>>  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 <<NOTE: Regulations. Guidance. Applicability.>> Secretary
            may issue regulations or other guidance of general applicability
            specifying how benefit overpayments and their recoupment or non-
            recoupment from a participant or beneficiary shall be taken into
            account for purposes of satisfying any requirement applicable to
            a plan to which paragraph (1) applies.''.
                (2) Rollovers.--Section 402(c) is amended by adding at the
            end the following new paragraph:
                ``(12) In the case of an inadvertent benefit overpayment
            from a plan to which section 414(aa)(1) applies that is
            transferred to an eligible retirement plan by or on behalf of a
            participant or beneficiary--
                        ``(A) the portion of such overpayment with respect
                    to which recoupment is not sought on behalf of the plan
                    shall be treated as having been paid in an eligible
                    rollover distribution if the payment would have been an
                    eligible rollover distribution but for being an
                    overpayment, and
                        ``(B) the portion of such overpayment with respect
                    to which recoupment is sought on behalf of the plan
                    shall be permitted to be returned to such plan and in
                    such case shall be treated as an eligible rollover
                    distribution transferred to such plan by the participant
                    or beneficiary who received such overpayment (and the
                    plans making and receiving such transfer shall be
                    treated as permitting such transfer).''.

        (c) <<NOTE: 26 USC 402 note.>>  Effective Date.--The amendments made
    by this section shall apply as of the date of the enactment of this Act.

        (d) <<NOTE: 26 USC 402 note.>> 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

    [[Page 136 STAT. 5339]]

                (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) <<NOTE: 26 USC 4974.>>  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) <<NOTE: 26 USC 4974 note.>> 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. <<NOTE: 29 USC 1153.>>  RETIREMENT SAVINGS LOST AND
                            FOUND.

        ``(a) Establishment.--
                ``(1) <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5340]]

            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) <<NOTE: Effective date.>> 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

    [[Page 136 STAT. 5341]]

                    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) <<NOTE: Applicability.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> 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) <<NOTE: 26 USC 401, 411.>> and 411(a)(11)(A) are each
    amended by striking ``$5,000'' and inserting ``$7,000''.

        (b) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendments made
    by this section shall apply to distributions made after December 31,
    2023.
    SEC. 305. <<NOTE: 26 USC 401 note.>>  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

    [[Page 136 STAT. 5342]]

    under section 401(a), 403(a), 403(b), 408(p), or 408(k) of such Code may
    be self-corrected under the Employee Plans Compliance Resolution System
    (as described in Revenue Procedure 2021-30, or any successor guidance,
    and hereafter in this section referred to as the ``EPCRS''), except to
    the extent that (1) such failure was identified by the Secretary prior
    to any actions which demonstrate a specific commitment to implement a
    self-correction with respect to such failure, or (2) the self-correction
    is not completed within a reasonable period after such failure is
    identified. For purposes of self-correction of an eligible inadvertent
    failure, the correction period under section 9.02 of Revenue Procedure
    2021-30 (or any successor guidance), except as otherwise provided under
    such Code, regulations, or other guidance of general applicability
    prescribed by the Secretary, is indefinite and has no last day, other
    than with respect to failures identified by the Secretary prior to any
    actions which demonstrate a specific commitment to implement a self-
    correction with respect to such failure or with respect to a self-
    correction that is not completed within a reasonable period, as
    described in the preceding sentence.
        (b) Loan Errors.--In the case of an eligible inadvertent failure
    relating to a loan from a plan to a participant--
                (1) such failure may be self-corrected under subsection (a)
            according to the rules of section 6.07 of Revenue Procedure
            2021-30 (or any successor guidance), including the provisions
            related to whether a deemed distribution must be reported on
            Form 1099-R,
                (2) the Secretary of Labor shall treat any such failure
            which is so self-corrected under subsection (a) as meeting the
            requirements of the Voluntary Fiduciary Correction Program of
            the Department of Labor if, with respect to the violation of the
            fiduciary standards of the Employee Retirement Income Security
            Act of 1974, there is a similar loan error eligible for
            correction under EPCRS and the loan error is corrected in such
            manner, and
                (3) the Secretary of Labor may impose reporting or other
            procedural requirements with respect to parties that intend to
            rely on the Voluntary Fiduciary Correction Program for self-
            corrections described in paragraph (2).

        (c) EPCRS for IRAs.--The Secretary shall expand the EPCRS to allow
    custodians of individual retirement plans (as defined in section
    7701(a)(37) of the Internal Revenue Code of 1986) to address eligible
    inadvertent failures with respect to an individual retirement plan (as
    so defined), including (but not limited to)--
                (1) <<NOTE: Applicability.>> 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 <<NOTE: Guidance.>> Secretary shall issue guidance on correction
    methods that are required to be used to correct eligible inadvertent
    failures,

    [[Page 136 STAT. 5343]]

    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) <<NOTE: Definition.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 26 USC 457.>>  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) <<NOTE: 26 USC 457 note.>> 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

    [[Page 136 STAT. 5344]]

                          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) <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5345]]

                                    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), <<NOTE: 26 USC
    408.>> as amended by subsection (a), is further amended by adding at the
    end the following new subparagraph:
                        ``(G) Inflation adjustment.--
                              ``(i) <<NOTE: Effective date.>>  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) <<NOTE: 26 USC 408 note.>> 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) <<NOTE: 26 USC 72 note.>> 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. <<NOTE: 26 USC 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.

    [[Page 136 STAT. 5346]]

        ``(b) <<NOTE: Definition.>> 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) <<NOTE: Definitions.>> Annualized Excludable Disability
    Amount.--For purposes of this section--
                ``(1) <<NOTE: Time period.>> In general.--The term
            `annualized excludable disability amount' means, with respect to
            any individual, the service-connected excludable disability
            amounts which are properly attributable to the 12-month period
            immediately preceding the date on which such individual attains
            retirement age.
                ``(2) Service-connected excludable disability amount.--The
            term `service-connected excludable disability amount' means
            periodic payments received by an individual which--
                        ``(A) are not includible in such individual's gross
                    income under section 104(a)(1),
                        ``(B) are received in connection with such
                    individual's qualified first responder service, and
                        ``(C) terminate when such individual attains
                    retirement age.
                ``(3) <<NOTE: Applicability.>>  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 <<NOTE: 26 USC prec. 101.>> amended by
    inserting after the item relating to section 139B the following new
    item:

    ``Sec. 139C. Certain disability-related first responder retirement
               payments.''.

        (c) <<NOTE: 26 USC 139C note.>>  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).''.

    [[Page 136 STAT. 5347]]

        (b) <<NOTE: 26 USC 416 note.>> 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) <<NOTE: 26 USC 72.>> 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) <<NOTE: 26 USC 72 note.>>  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 <<NOTE: Applicability.>> 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 <<NOTE: Determinations.>> 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

    [[Page 136 STAT. 5348]]

                    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) <<NOTE: 26 USC 403.>> 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) <<NOTE: 26 USC 401 note.>>  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

    [[Page 136 STAT. 5349]]

                    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) <<NOTE: Time period.>>  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 <<NOTE: Applicability.>> 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) <<NOTE: 26 USC 6501 note.>> 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), <<NOTE: 26 USC
    72.>>  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) <<NOTE: Time period.>> 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) <<NOTE: Definition.>>
                                    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

    [[Page 136 STAT. 5350]]

                                    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) <<NOTE: Applicability.>> Amount
                          distributed may be repaid.--Rules similar to the
                          rules of subparagraph (H)(v) shall apply with
                          respect to an individual who receives a
                          distribution to which clause (i) applies.
                              ``(vi) Definition and special rules.--For
                          purposes of this subparagraph:
                                        ``(I) Applicable eligible retirement
                                    plan.--The term `applicable eligible
                                    retirement plan' means an eligible
                                    retirement plan (as defined in section
                                    402(c)(8)(B)) other than a defined
                                    benefit plan or a plan to which sections
                                    401(a)(11) and 417 apply.
                                        ``(II) Exemption of distributions
                                    from trustee to trustee transfer and
                                    withholding rules.--For purposes of
                                    sections 401(a)(31), 402(f), and 3405,
                                    an eligible distribution to a domestic
                                    abuse victim shall not be treated as an
                                    eligible rollover distribution.
                                        ``(III) Distributions treated as
                                    meeting plan distribution requirements;
                                    self-certification.--Any distribution
                                    which the employee or participant
                                    certifies as being an eligible
                                    distribution to a domestic abuse victim
                                    shall be treated as meeting the
                                    requirements of sections
                                    401(k)(2)(B)(i), 403(b)(7)(A)(i),
                                    403(b)(11), and 457(d)(1)(A).
                              ``(vii) <<NOTE: Effective dates.>>  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) <<NOTE: 26 USC 72 note.>> Effective Date.--The amendments made
    by this section shall apply to distributions made after December 31,
    2023.

    [[Page 136 STAT. 5351]]

    SEC. 315. REFORM OF FAMILY ATTRIBUTION RULE.

        (a) In General.--Section 414 <<NOTE: 26 USC 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.

    [[Page 136 STAT. 5352]]

                              ``(iii) Plan shall not fail to be treated as
                          satisfying this section.--
                          If <<NOTE: Applicability.>> 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) <<NOTE: 26 USC 414 note.>>  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) <<NOTE: 26 USC 401.>>  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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 401 note.>> Effective Date.--The amendment made
    by this section shall apply to plan years beginning after the date of
    the enactment of this Act.

    [[Page 136 STAT. 5353]]

    SEC. 318. <<NOTE: Deadlines.>>  PERFORMANCE BENCHMARKS FOR ASSET
                            ALLOCATION FUNDS.

        (a) <<NOTE: Regulations. 29 USC 1104 note.>>  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) <<NOTE: Consultation. Recommenda- tions.>> 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,

    [[Page 136 STAT. 5354]]

            standardize, and improve such requirements so as to simplify
            reporting for, and disclosure from, such plans and ensure that
            plans can furnish and participants and beneficiaries timely
            receive and better understand the information they need to
            monitor their plans, plan for retirement, and obtain the
            benefits they have earned.
                (2) Analysis of effectiveness.--To assess the effectiveness
            of the applicable reporting and disclosure requirements, the
            report shall include an analysis of how participants and
            beneficiaries are providing preferred contact information, the
            methods by which plan sponsors and plans are furnishing
            disclosures, and the rate at which participants and
            beneficiaries are receiving, accessing, understanding, and
            retaining disclosures.
                (3) <<NOTE: Surveys. Data.>> 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.) <<NOTE: 18 USC 664, prec. 1001, 1027, 1954; 29 USC 441,
            1031.>> is amended by redesignating section 111 as section 112
            and by inserting after section 110 the following new section:
    ``SEC. 111. <<NOTE: 29 USC 1030a.>> 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.

    [[Page 136 STAT. 5355]]

        ``(c) <<NOTE: Definition.>>  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, <<NOTE: 26 USC 414.>>
    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) <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5356]]

                        ``(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) <<NOTE: Definition.>> 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) <<NOTE: 26 USC 414 note.>> 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.

         <<NOTE: Deadline.>> Not later than 1 year after the date of
    enactment of this Act, the Secretary of Labor shall--
                (1) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: 26 USC 408.>> 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) <<NOTE: 26 USC 408 note.>>  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,

    [[Page 136 STAT. 5357]]

                              ``(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 <<NOTE: 26 USC 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:

    [[Page 136 STAT. 5358]]

                    ``For purposes of clause (iv), periodic payments shall
                    not fail to be treated as substantially equal merely
                    because they are amounts received as an annuity, and
                    such periodic payments shall be deemed to be
                    substantially equal if they are payable over a period
                    described in clause (iv) and satisfy the requirements
                    applicable to annuity payments under section
                    401(a)(9).''.
                (2) Other annuity contracts.--Paragraph (2) of section 72(q)
            is <<NOTE: 26 USC 72.>> 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) <<NOTE: Applicability. 26 USC 72 note.>> 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. <<NOTE: 26 USC 408 note.>>  324. TREASURY GUIDANCE ON
                            ROLLOVERS.

        (a) <<NOTE: Deadline. Standards. Guidance. Procedures.>>  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

    [[Page 136 STAT. 5359]]

    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 <<NOTE: 26 USC
    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) <<NOTE: 26 USC 402A note.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 72 note.>>  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

    [[Page 136 STAT. 5360]]

                          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) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: 26 USC 402.>>  is
    amended to read as follows:
                        ``(A) Direct payment to insurer permitted.--
                              ``(i) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 402 note.>>  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''

    [[Page 136 STAT. 5361]]

    and inserting ``age 50 or 25 years of service under the plan, whichever
    is earlier''.
        (b) <<NOTE: 26 USC 72 note.>>  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) <<NOTE: 26 USC
    72.>>  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) <<NOTE: 26 USC 72 note.>>  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) <<NOTE: Definition.>>  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,

    [[Page 136 STAT. 5362]]

                          unless the aggregate amount of such distributions
                          from all plans maintained by the employer (and any
                          member of any controlled group which includes the
                          employer) to such individual exceeds $22,000 with
                          respect to the same qualified disaster.
                              ``(iii) <<NOTE: Definition.>>  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) <<NOTE: Deadlines.>>  Amount distributed may
                    be repaid.--
                              ``(i) <<NOTE: Time period.>>  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) <<NOTE: Applicability.>>  Special
                          rule.--For purposes of clause (i), rules similar
                          to the rules of subparagraph (E) of section
                          408A(d)(3) shall apply.
                        ``(E) <<NOTE: Definition.>>  Qualified disaster.--
                    For purposes of this paragraph and paragraph (8), the
                    term `qualified disaster'

    [[Page 136 STAT. 5363]]

                    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) <<NOTE: Applicability. 26 USC 72 note.>>  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.

    [[Page 136 STAT. 5364]]

        (b) Recontributions of Withdrawals for Home Purchases.--
                (1) Individual retirement plans.--Paragraph (8) of section
            72(t) <<NOTE: 26 USC 72.>>  is amended by adding at the end the
            following new subparagraph:
                        ``(F) <<NOTE: Definitions.>>  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) <<NOTE: Applicability.>>
                                    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

    [[Page 136 STAT. 5365]]

                          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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Applicability. 26 USC 72 note.>>  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 <<NOTE: 26 USC
            72.>>  is amended by adding at the end the following new
            paragraph:
                ``(6) Increase in limit on loans not treated as
            distributions.--
                        ``(A) <<NOTE: Applicability.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5366]]

                          the first day of the incident period of such
                          qualified disaster and ending on the date which is
                          180 days after the last day of such incident
                          period, such due date may be delayed for 1 year,
                              ``(ii) any subsequent repayments with respect
                          to any such loan may be appropriately adjusted to
                          reflect the delay in the due date under clause (i)
                          and any interest accruing during such delay, and
                              ``(iii) in determining the 5-year period and
                          the term of a loan under subparagraph (B) or (C)
                          of paragraph (2), the period described in clause
                          (i) may be disregarded.
                        ``(C) Definitions.--For purposes of this paragraph--
                              ``(i) Qualified individual.--The term
                          `qualified individual' means any individual--
                                        ``(I) whose principal place of abode
                                    at any time during the incident period
                                    of any qualified disaster is located in
                                    the qualified disaster area with respect
                                    to such qualified disaster, and
                                        ``(II) who has sustained an economic
                                    loss by reason of such qualified
                                    disaster.
                              ``(ii) Applicable period.--The applicable
                          period with respect to any disaster is the
                          period--
                                        ``(I) beginning on the applicable
                                    date with respect to such disaster, and
                                        ``(II) ending on the date that is
                                    180 days after such applicable date.
                              ``(iii) Other terms.--For purposes of this
                          paragraph--
                                        ``(I) the terms `applicable date',
                                    `qualified disaster', `qualified
                                    disaster area', and `incident period'
                                    have the meaning given such terms under
                                    subsection (t)(11), and
                                        ``(II) the term `applicable period'
                                    has the meaning given such term under
                                    subsection (t)(8).''.
                (2) <<NOTE: Applicability. 26 USC 72 note.>>  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.

    [[Page 136 STAT. 5367]]

    SEC. 332. EMPLOYERS ALLOWED TO REPLACE SIMPLE RETIREMENT ACCOUNTS
                            WITH SAFE HARBOR 401(k) PLANS DURING A
                            YEAR.

        (a) In General.--Section 408(p) <<NOTE: 26 USC 408.>>  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) <<NOTE: Definition.>>  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

    [[Page 136 STAT. 5368]]

                    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) <<NOTE: 26 USC 408.>>  is amended by striking
            ``72(t)(6)'' and inserting ``72(t)(6)(A)''.

        (c) <<NOTE: 26 USC 72 note.>>  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) <<NOTE: Applicability. 26 USC 72 note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Regulations.>>  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).

    [[Page 136 STAT. 5369]]

                                        ``(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) <<NOTE: Effective date.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Applicability.>>  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,

    [[Page 136 STAT. 5370]]

                                        ``(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) <<NOTE: Disclosure.>>  Filing with
                          secretary.--A long-term care premium statement
                          will be accepted only if the issuer has completed
                          a disclosure to the Secretary for the specific
                          coverage product to which the statement relates.
                          Such disclosure shall identify the issuer, type of
                          coverage, and such other information as the
                          Secretary may require which is included in the
                          filing of the product with the applicable State
                          authority.''.

        (b) Conforming Amendments.--
                (1) Section 401(k)(2)(B)(i) <<NOTE: 26 USC 401.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 5371]]

                          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. <<NOTE: 26 USC 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 <<NOTE: Effective date.>>  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) <<NOTE: Compliance. Records.>>  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) <<NOTE: 26 USC 872.>>  is
            amended--

    [[Page 136 STAT. 5372]]

                        (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 <<NOTE: 26 USC prec.
            6041.>>  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) <<NOTE: 26 USC 72 note.>>  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) <<NOTE: 26 USC 401 note.>>  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. <<NOTE: 26 USC 430 note.>>  CORRECTIONS OF MORTALITY
                            TABLES.

        (a) <<NOTE: Deadline. Regulations.>>  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.

    [[Page 136 STAT. 5373]]

    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. <<NOTE: Recommenda- tions.>>  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) <<NOTE: 26 USC 401>>
    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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 29 USC 1025 note.>>  Implementation.--
                (1) <<NOTE: Deadline. Effective date.>>  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

    [[Page 136 STAT. 5374]]

            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) <<NOTE: Deadline.>>  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) <<NOTE: 29 USC 1025 note.>>  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 <<NOTE: Definition.>>  purposes of clause (ii),
                    the term `Tribal' with respect to a domestic relations
                    law means such a law which is

    [[Page 136 STAT. 5375]]

                    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 <<NOTE: Definition.>>  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) <<NOTE: Applicability. 26 USC 414 note.>>  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 <<NOTE: Deadline.>>  after the date of
    enactment of this Act, the Secretary of Labor shall--
                (1) <<NOTE: Review.>>  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) <<NOTE: Reports. Recommenda- tions.>>  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. <<NOTE: 26 USC 401 note.>>  CONSOLIDATION OF DEFINED
                            CONTRIBUTION PLAN NOTICES.

        Not <<NOTE: Deadline. Regulations.>>  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)

    [[Page 136 STAT. 5376]]

    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. <<NOTE: 29 USC 1032.>>  NOTICE AND DISCLOSURE
                            REQUIREMENTS WITH RESPECT TO LUMP SUMS.

        ``(a) <<NOTE: Deadlines.>>  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

    [[Page 136 STAT. 5377]]

                    417(a)(3) of the Internal Revenue Code of 1986, the
                    relative value of the lump sum option for a terminated
                    vested participant compared to the value of--
                              ``(i) the single life annuity, (or other
                          standard form of benefit); and
                              ``(ii) the qualified joint and survivor
                          annuity (as defined in section 205(d)(1));
                        ``(D) A statement that--
                              ``(i) a commercial annuity comparable to the
                          annuity available from the plan may cost more than
                          the amount of the lump sum amount, and
                              ``(ii) it may be advisable to consult an
                          advisor regarding this point if the participant or
                          beneficiary is considering purchasing a commercial
                          annuity.
                        ``(E) The potential ramifications of accepting the
                    lump sum, including longevity risks, loss of protections
                    guaranteed by the Pension Benefit Guaranty Corporation
                    (with an explanation of the monthly benefit amount that
                    would be protected by the Pension Benefit Guaranty
                    Corporation if the plan is terminated with insufficient
                    assets to pay benefits), loss of protection from
                    creditors, loss of spousal protections, and other
                    protections under this Act that would be lost.
                        ``(F) General tax rules related to accepting a lump
                    sum, including rollover options and early distribution
                    penalties with a disclaimer that the plan does not
                    provide tax, legal, or accounting advice, and a
                    suggestion that participants and beneficiaries consult
                    with their own tax, legal, and accounting advisors
                    before determining whether to accept the offer.
                        ``(G) How to accept or reject the offer, the
                    deadline for response, and whether a spouse is required
                    to consent to the election.
                        ``(H) Contact information for the point of contact
                    at the plan administrator for participants and
                    beneficiaries to get more information or ask questions
                    about the options.
                ``(2) Plain language.--The notice under this subsection
            shall be written in a manner calculated to be understood by the
            average plan participant.
                ``(3) Model notice.--The Secretary shall issue a model
            notice for purposes of the notice under subsection (a)(1),
            including for information required under subparagraphs (C)
            through (F) of paragraph (1).

        ``(c) Notice to the Secretary and Pension Benefit Guaranty
    Corporation.--The notice required under subsection (a)(2) shall include
    the following:
                ``(1) The total number of participants and beneficiaries
            eligible for such lump sum option.
                ``(2) The length of the limited period during which the lump
            sum is offered.
                ``(3) An explanation of how the lump sum was calculated,
            including the interest rate, mortality assumptions, and whether
            any additional plan benefits were included in the lump sum, such
            as early retirement subsidies.
                ``(4) A sample of the notice provided to participants and
            beneficiaries under subsection (a)(1), if otherwise required.

    [[Page 136 STAT. 5378]]

        ``(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) <<NOTE: Confidentiality.>>  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) <<NOTE: 29 USC 1032 note.>>  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) <<NOTE: Deadlines. 29 USC 1032 note.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5379]]

            ``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

    [[Page 136 STAT. 5380]]

                                    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) <<NOTE: 29 USC 1021 note.>>  Effective Date.--The amendments
    made by subsection (a) shall apply with respect to plan years beginning
    after December 31, 2023.
    SEC. 344. <<NOTE: 29 USC 1023 note.>>  REPORT ON POOLED EMPLOYER
                            PLANS.

        The Secretary of Labor shall--
                (1) <<NOTE: Study.>>  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) <<NOTE: Public information. Web posting. Recommenda-
            tions.>>  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:

    [[Page 136 STAT. 5381]]

                ``(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) <<NOTE: 26 USC 6058 note.>>  Effective Date.--The amendments
    made by this section shall take effect on the date of the enactment of
    this Act.
    SEC. 346. <<NOTE: 29 USC 3228.>>  WORKER OWNERSHIP, READINESS, AND
                            KNOWLEDGE.

        (a) Definitions.--In this section:
                (1) Existing program.--The term ``existing program'' means a
            program, designed to promote employee ownership, that exists on
            the date on which the Secretary is carrying out a responsibility
            authorized under this section.
                (2) Initiative.--The term ``Initiative'' means the Employee
            Ownership Initiative established under subsection (b).
                (3) New program.--The term ``new program'' means a program,
            designed to promote employee ownership, that does not exist on
            the date on which the Secretary is carrying out a responsibility
            authorized under this section.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Labor.
                (5) State.--The term ``State'' has the meaning given the
            term under section 3 of the Workforce Innovation and Opportunity
            Act (29 U.S.C. 3102).

        (b) Employee Ownership Initiative.--
                (1) Establishment.--The Secretary shall establish within the
            Department of Labor an Employee Ownership Initiative to promote
            employee ownership.
                (2) Functions.--In carrying out the Initiative, the
            Secretary shall--
                        (A) support within the States existing programs
                    designed to promote employee ownership; and
                        (B) facilitate within the States the formation of
                    new programs designed to promote employee ownership.
                (3) Duties.--To carry out the functions enumerated in
            paragraph (2), the Secretary shall support new programs and
            existing programs by--
                        (A) making Federal grants authorized under
                    subsection (d); and
                        (B)(i) acting as a clearinghouse on techniques
                    employed by new programs and existing programs within
                    the States, and disseminating information relating to
                    those techniques to the programs; or
                        (ii) funding projects for information gathering on
                    those techniques, and dissemination of that information
                    to the programs, by groups outside the Department of
                    Labor.
                (4) Consultation with treasury.--The Secretary shall consult
            with the Secretary of the Treasury, or the Secretary's delegate,
            in the case of any employee ownership arrangements or structures
            the administration and enforcement of which are within the
            jurisdiction of the Department of the Treasury.

        (c) Programs Regarding Employee Ownership.--
                (1) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5382]]

            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

    [[Page 136 STAT. 5383]]

                              (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) <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 5384]]

                (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) <<NOTE: Time periods.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Analysis.>>  containing an analysis of critical
            costs and benefits of activities carried out under this section.

        (g) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5385]]

                        (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) <<NOTE: Study.>>  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) <<NOTE: 26 USC 411.>>  is amended by adding at the end the
    following new paragraph:
                ``(6) Projected interest crediting rate.--For purposes of
            subparagraphs (A), (B), and (C) of paragraph (1), in the case of
            an applicable defined benefit plan (as defined in subsection
            (a)(13)(C)) which provides variable interest crediting rates,
            the interest crediting rate which is treated as in effect and as
            the projected interest crediting rate shall be a reasonable
            projection of such variable interest crediting rate, not to
            exceed 6 percent.''.

        (b) Amendment of Employee Retirement Income Security Act of 1974.--
    Section 204(b) of the Employee Retirement Income Security Act of 1974
    (29 U.S.C. 1060(b)) is amended by adding at the end the following new
    paragraph:
                ``(6) Projected interest crediting rate.--For purposes of
            subparagraphs (A), (B), and (C) of paragraph (1), in the case of
            an applicable defined benefit plan (within the meaning of
            section 203(f)(3)) which provides variable interest crediting
            rates, the interest crediting rate which is treated as in effect
            and as the projected interest crediting rate shall be a
            reasonable projection of such variable interest crediting rate,
            not to exceed 6 percent.''.

        (c) <<NOTE: 26 USC 411 note.>>  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

    [[Page 136 STAT. 5386]]

                (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) <<NOTE: 29 USC 1306 note.>>  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, <<NOTE: 26 USC 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

    [[Page 136 STAT. 5387]]

                          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) <<NOTE: Notice. Deadline.>>  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) <<NOTE: 26 USC 414 note.>>  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) <<NOTE: 26 USC 401.>>  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:

    [[Page 136 STAT. 5388]]

                        ``(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) <<NOTE: 26 USC
                    401.>>  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) <<NOTE: 26 USC 72 note.>>  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) <<NOTE: 26 USC 414 note.>>  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) <<NOTE: Regulations.>>  pursuant to any
                    amendment made by this Act or pursuant to any regulation
                    issued by the Secretary

    [[Page 136 STAT. 5389]]

                    of the Treasury or the Secretary of Labor (or a delegate
                    of either such Secretary) under this Act; and
                        (B) <<NOTE: Effective date.>>  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) <<NOTE: Time period.>>  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 <<NOTE: 26
            USC 414 note.>>  is amended--
                        (A) by striking ``January 1, 2022'' in subparagraph
                    (B) and inserting ``January 1, 2025'', and
                        (B) by striking ``substituting `2024' for `2022'.''
                    in the flush matter at the end and inserting
                    ``substituting `2027' for `2025'.''.
                (2) CARES act.--
                        (A) <<NOTE: 26 USC 72 note.>>  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 <<NOTE: 26 USC 401 note.>>  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 <<NOTE: 134 Stat.
                    3074>>  is amended by striking

    [[Page 136 STAT. 5390]]

                    ``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 <<NOTE: 26 USC 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) <<NOTE: 26 USC 402 note.>>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2022.

    [[Page 136 STAT. 5391]]

    SEC. 602. HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.

        (a) In General.--Section 403(b), <<NOTE: 26 USC 403.>>  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) <<NOTE: 26 USC 403 note.>>  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).

    [[Page 136 STAT. 5392]]

                        ``(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) <<NOTE: Time period. Effective date.>>  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) <<NOTE: 26 USC 402 note.>>  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--

    [[Page 136 STAT. 5393]]

                        ``(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) <<NOTE: 26 USC 402A note.>>  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) <<NOTE: 26 USC 170.>>  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) <<NOTE: Definitions.>>  Relevant basis.--For
                    purposes of this paragraph--
                              ``(i) In general.--The term `relevant basis'
                          means, with respect to any partner, the portion of
                          such partner's modified basis in the partnership
                          which is allocable (under rules similar to the
                          rules of section 755) to the portion of the real
                          property with respect to which the contribution
                          described in subparagraph (A) is made.
                              ``(ii) Modified basis.--The term `modified
                          basis' means, with respect to any partner, such
                          partner's adjusted basis in the partnership as
                          determined--
                                        ``(I) immediately before the
                                    contribution described in subparagraph
                                    (A),
                                        ``(II) without regard to section
                                    752, and
                                        ``(III) by the partnership after
                                    taking into account the adjustments
                                    described in subclauses (I) and (II) and
                                    such other adjustments as the Secretary
                                    may provide.
                        ``(C) Exception for contributions outside 3-year
                    holding period.--Subparagraph (A) shall not apply to any
                    contribution which is made at least 3 years after the
                    latest of--
                              ``(i) the last date on which the partnership
                          that made such contribution acquired any portion
                          of the real property with respect to which such
                          contribution is made,
                              ``(ii) the last date on which any partner in
                          the partnership that made such contribution
                          acquired any interest in such partnership, and

    [[Page 136 STAT. 5394]]

                              ``(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) <<NOTE: Definition.>>  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) <<NOTE: 26 USC
                    6662.>>  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

    [[Page 136 STAT. 5395]]

                    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) <<NOTE: 26 USC 6751.>>  is amended by
                    striking ``subsection (b)(9)'' and inserting ``paragraph
                    (9) or (10) of subsection (b)''.
                (3) <<NOTE: 26 USC 170 note.>>  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) <<NOTE: 26 USC 170 note.>>  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) <<NOTE: 26 USC 170 note.>>  Safe Harbors and Opportunity for
    Donor to Correct Certain Deed Errors.--
                (1) <<NOTE: Deadline. Publication.>>  In general.--The
            Secretary of the Treasury (or such Secretary's delegate) shall,
            within 120 days after the date of

    [[Page 136 STAT. 5396]]

            the enactment of this Act, publish safe harbor deed language for
            extinguishment clauses and boundary line adjustments.
                (2) Opportunity to correct.--
                        (A) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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 <<NOTE: 26
            USC 420.>> 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) <<NOTE: Applicability.>>  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)

    [[Page 136 STAT. 5397]]

                    shall be applied by substituting `110 percent' for `125
                    percent'.
                        ``(B) Two-year lookback requirement.--A plan is
                    described in this subparagraph if, as of any valuation
                    date in each of the 2 plan years immediately preceding
                    the plan year in which the transfer occurs, the amount
                    determined under paragraph (2)(A) exceeded 110 percent
                    of the sum of the funding target and the target normal
                    cost determined under section 430 for each such plan
                    year.''.
                        (B) Cost maintenance period.--Subparagraph (D) of
                    section 420(c)(3) is amended by striking ``5 taxable
                    years'' and inserting ``5 taxable years (7 taxable years
                    in the case of a transfer to which subsection (e)(7)
                    applies)''.
                        (C) Conforming amendments.--
                              (i) Excess pension assets.--Clause (i) of
                          section 420(f)(2)(B) is amended--
                                        (I) by striking ``In general.--In''
                                    and inserting ``In general.--
                                        ``(I) Determination.--In'',
                                        (II) by striking ``subsection
                                    (e)(2)'' and inserting ``subsection
                                    (e)(2)(B)'', and
                                        (III) by adding at the end the
                                    following new subclause:
                                        ``(II) Special rule for collectively
                                    bargained transfers.--In determining
                                    excess pension assets for purposes of a
                                    collectively bargained transfer,
                                    subsection (e)(7) shall not apply.''.
                              (ii) Minimum cost.--Subclause (I) of section
                          420(f)(2)(D)(i) is amended by striking ``4th
                          year'' and inserting ``4th year (the 6th year in
                          the case of a transfer to which subsection (e)(7)
                          applies)''.

        (b) Extension of Transfers of Excess Pension Assets to Retiree
    Health Accounts Under Employee Retirement Income Security Act of 1974.--
                (1) Definitions.--Section 101(e)(3) of the Employee
            Retirement Income Security Act of 1974 (29 U.S.C. 1021(e)(3)) is
            amended by striking ``(as in effect on the date of the enactment
            of the Surface Transportation and Veterans Health Care Choice
            Improvement Act of 2015)'' and inserting ``(as in effect on the
            date of enactment of the SECURE 2.0 Act of 2022)''.
                (2) Use of assets.--Section 403(c)(1) of the Employee
            Retirement Income Security Act of 1974 (29 U.S.C. 1103(c)(1)) is
            amended by striking ``(as in effect on the date of the enactment
            of the Surface Transportation and Veterans Health Care Choice
            Improvement Act of 2015)'' and inserting ``(as in effect on the
            date of enactment of the SECURE 2.0 Act of 2022)''.
                (3) Exemption.--Section 408(b)(13) of the Employee
            Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(13))
            is amended--
                        (A) by striking ``January 1, 2026'' and inserting
                    ``January 1, 2033''; and
                        (B) by striking ``(as in effect on the date of the
                    enactment of the Surface Transportation and Veterans
                    Health Care Choice Improvement Act of 2015)'' and
                    inserting ``(as in effect on the date of enactment of
                    the SECURE 2.0 Act of 2022)''.

    [[Page 136 STAT. 5398]]

        (c) <<NOTE: 26 USC 420 note.>>  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 <<NOTE: 26 USC 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. <<NOTE: Time period.>>  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) <<NOTE: 26 USC 7447 note.>>  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

    [[Page 136 STAT. 5399]]

                    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) <<NOTE: Applicability. Time periods.>>  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,

    [[Page 136 STAT. 5400]]

                    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) <<NOTE: Time period.>>  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) <<NOTE: 26
            USC 7448.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time periods.>>  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,

    [[Page 136 STAT. 5401]]

                              ``(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) <<NOTE: 26 USC 7448.>>  Other benefits.--Section 7448 is
            amended by adding at the end the following new subsection:

        ``(u) Other Benefits in Case of Assassination.--In the case of a
    judge or special trial judge who is assassinated, an annuity shall be
    paid under this section notwithstanding a survivor's eligibility for or
    receipt of benefits under chapter 81 of title 5, United States Code,
    except that the annuity for which a surviving spouse is eligible under
    this section shall be reduced to the extent that the total benefits paid
    under this section and chapter 81 of that title for any year would
    exceed the current salary for that year of the office of the judge or
    special trial judge.''.
        (c) Coordination of Retirement and Survivor Annuity With the Federal
    Employees Retirement System.--
                (1) Retirement.--Section 7447 is amended--
                        (A) by striking ``section 8331(8)'' in subsection
                    (g)(2)(C) and inserting ``sections 8331(8) and
                    8401(19)'', and
                        (B) by striking ``Civil Service Commission'' both
                    places it appears in subsection (i)(2) and inserting
                    ``Office of Personnel Management''.
                (2) Annuities to surviving spouses and dependent children.--
            Section 7448 is amended--
                        (A) by striking ``section 8332'' in subsection (d)
                    and inserting ``sections 8332 and 8411'', and
                        (B) by striking ``section 8332'' in subsection (n)
                    and inserting ``sections 8332 and 8411''.

        (d) Limit on Teaching Compensation of Retired Judges.--
                (1) In general.--Section 7447 is amended by adding at the
            end the following new subsection:

        ``(k) <<NOTE: Certification.>>  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

    [[Page 136 STAT. 5402]]

    met the requirements of subsection (c), as certified by the chief judge,
    or has retired under subsection (b)(4).''.
                (2) <<NOTE: 26 USC 7447 note.>>  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) <<NOTE: 26 USC 7447 note.>>  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. <<NOTE: 26 USC 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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5403]]

    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) <<NOTE: Time periods.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  shall be made by filing
            notice thereof in writing with the chief judge.

    [[Page 136 STAT. 5404]]

    The <<NOTE: Records.>>  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) <<NOTE: 26 USC 3121.>>  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 <<NOTE: 26 USC prec. 7441.>>  is amended by
    inserting after the item relating to section 7447 the following new
    item:

    ``Sec. 7447A. Retirement for special trial judges.''.

        (d) <<NOTE: 26 USC 7447A note.>>  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. <<NOTE: Deadline.>> 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 <<NOTE: Joseph Maxwell Cleland and Robert Joseph Dole Memorial
     Veterans Benefits and Health Care Improvement Act of 2022.>> U--JOSEPH
     MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL VETERANS BENEFITS AND
    HEALTH CARE IMPROVEMENT ACT OF 2022
    SEC. 1. <<NOTE: 38 USC 101 note.>>  SHORT TITLE; TABLE OF
                        CONTENTS.

        (a) Short Title.--This division may be cited as the ``Joseph Maxwell
    Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health
    Care Improvement Act of 2022''.
        (b) Table of Contents.--The table of contents for this division is
    as follows:

       DIVISION U--JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL
            VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2022

    Sec. 1. Short title; table of contents.

    [[Page 136 STAT. 5405]]

                          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.

    [[Page 136 STAT. 5406]]

                          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.

    [[Page 136 STAT. 5407]]

           Subtitle E--VA Beneficiary Debt Collection Improvement Act

    Sec. 251. Short title.
    Sec. 252. Prohibition of debt arising from overpayment due to delay in
               processing by the Department of Veterans Affairs.
    Sec. 253. Prohibition on Department of Veterans Affairs interest and
               administrative cost charges for debts relating to certain
               benefits programs.
    Sec. 254. Extension of window to request relief from recovery of debt
               arising under laws administered by the Secretary of Veterans
               Affairs.
    Sec. 255. Reforms relating to recovery by Department of Veterans Affairs
               of amounts owed by individuals to the United States.

                         TITLE III--HOMELESSNESS MATTERS

    Sec. 301. Adjustments of grants awarded by the Secretary of Veterans
               Affairs for comprehensive service programs to serve homeless
               veterans.
    Sec. 302. Modifications to program to improve retention of housing by
               formerly homeless veterans and veterans at risk of becoming
               homeless.
    Sec. 303. Modifications to homeless veterans reintegration programs.
    Sec. 304. Expansion and extension of Department of Veterans Affairs
               housing assistance for homeless veterans.
    Sec. 305. Training and technical assistance provided by Secretary of
               Veterans Affairs to certain entities.
    Sec. 306. Modification of eligibility requirements for entities
               collaborating with the Secretary of Veterans Affairs to
               provide case management services to homeless veterans in the
               Department of Housing and Urban Development-Department of
               Veterans Affairs supported housing program.
    Sec. 307. Department of Veterans Affairs sharing of information relating
               to coordinated entry processes for housing and services
               operated under Department of Housing and Urban Development
               Continuum of Care Program.
    Sec. 308. Department of Veterans Affairs communication with employees
               responsible for homelessness assistance programs.
    Sec. 309. System for sharing and reporting data.
    Sec. 310. Pilot program on grants for health care for homeless veterans.
    Sec. 311. Pilot program on award of grants for substance use disorder
               recovery for homeless veterans.
    Sec. 312. Report by Comptroller General of the United States on
               affordable housing for veterans.
    Sec. 313. Study on financial and credit counseling.

                             TITLE IV--OTHER MATTERS

    Sec. 401. Department of Veterans Affairs supply chain resiliency.
    Sec. 402. Improvements to equal employment opportunity functions of
               Department of Veterans Affairs.
    Sec. 403. Department of Veterans Affairs Information Technology Reform
               Act of 2022.
    Sec. 404. Report on information technology dashboard information.
    Sec. 405. Improvements to transparency of law enforcement operations of
               Department of Veterans Affairs.
    Sec. 406. Plan for reduction of backlog of Freedom of Information Act
               requests.
    Sec. 407. Medal of Honor special pension technical correction.
    Sec. 408. Imposition of cap on employees of the Department of Veterans
               Affairs who provide equal employment opportunity counseling.

                          TITLE I--HEALTH CARE MATTERS

                           Subtitle A--Access to Care

    SEC. 101. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL
                            SERVICES, AND NURSING HOME CARE FROM THE
                            DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE
                            VETERANS OF WORLD WAR II.

        (a) In General.--Section 1710(a)(2)(E) of title 38, United States
    Code, is amended by striking ``of the Mexican border period or of World
    War I;'' and inserting ``of--
                        ``(i) the Mexican border period;
                        ``(ii) World War I; or

    [[Page 136 STAT. 5408]]

                        ``(iii) World War II;''.

        (b) <<NOTE: 38 USC 1710 note.>>  Effective Date.--The amendment made
    by subsection (a) shall take effect on March 31, 2023.
    SEC. 102. <<NOTE: 38 USC 1701 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>>  Treatment
                    recommendations for all stages of prostate cancer that
                    reflect nationally recognized standards for oncology,
                    including National Comprehensive Cancer Network
                    guidelines. xt>

    [[Page 136 STAT. 5409]]

                        (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) <<NOTE: Plan.>>  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) <<NOTE: Public information. Web posting.>>
            Publication.--The Secretary shall--
                        (A) publish the clinical pathway established under
                    this subsection on a publicly available Department
                    website; and
                        (B) <<NOTE: Update. Deadline.>>  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) <<NOTE: Deadline. Plan.>>  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) <<NOTE: Plan.>>  include an education plan for
                    patients and providers.

    [[Page 136 STAT. 5410]]

                (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) <<NOTE: Plan.>>  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. <<NOTE: Recommenda- tions.>>  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. <<NOTE: 38 USC 7401 note.>>  THIRD PARTY REVIEW OF
                            APPOINTEES IN VETERANS HEALTH
                            ADMINISTRATION WHO HAD A LICENSE
                            TERMINATED FOR CAUSE AND NOTICE TO
                            INDIVIDUALS TREATED BY THOSE APPOINTEES IF
                            DETERMINED THAT AN EPISODE OF CARE OR
                            SERVICES THAT THEY RECEIVED WAS BELOW THE
                            STANDARD OF CARE.

        (a) Third Party Review.--
                (1) <<NOTE: Deadline. Contracts.>>  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

    [[Page 136 STAT. 5411]]

    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. <<NOTE: 38 USC 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) <<NOTE: Determination. Waiver.>>  determine the
            circumstances in which a medical center of the Department must
            obtain a waiver under section 302(d)

    [[Page 136 STAT. 5412]]

            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) <<NOTE: Determination.>>  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) <<NOTE: Compliance.>>  ensuring the compliance of each
            medical center with such policy.

        ``(d) Compliance With Requirements for Reporting Quality of Care
    Concerns. <<NOTE: Notification.>> --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.

    [[Page 136 STAT. 5413]]

                ``(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) <<NOTE: Deadline.>>  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.''.

    [[Page 136 STAT. 5414]]

        (b) <<NOTE: 38 USC prec. 7401.>>  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) <<NOTE: 38 USC 7414 note.>>  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) <<NOTE: 38 USC 7414 note.>>  Audits and Reports.--
                (1) Audits.--
                        (A) In general.--The Secretary of Veterans Affairs
                    shall carry out annual audits of the compliance of
                    medical centers of the Department of Veterans Affairs
                    with the matters required by section 7414 of title 38,
                    United States Code, as added by subsection (a).
                        (B) Conduct of audits.--In carrying out audits under
                    subparagraph (A), the Secretary--
                              (i) may not authorize the medical center being
                          audited to conduct the audit; and
                              (ii) may enter into an agreement with another
                          department or agency of the Federal Government or
                          a nongovernmental entity to conduct such audits.
                (2) Reports.--
                        (A) In general.--Not later than one year after the
                    date of the enactment of this Act, and annually
                    thereafter for five years, the Secretary of Veterans
                    Affairs shall submit to the Committee on Veterans'
                    Affairs of the Senate and the Committee on Veterans'
                    Affairs of the House of Representatives a report on the
                    audits conducted under paragraph (1).
                        (B) <<NOTE: Summary.>>  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) <<NOTE: Analysis.>>  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.

    [[Page 136 STAT. 5415]]

        (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) <<NOTE: Determination.>>  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. <<NOTE: Deadlines. 38 USC 1703 note.>>  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

    [[Page 136 STAT. 5416]]

    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) <<NOTE: List.>>  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) <<NOTE: Briefing. Reports. Assessment.>>  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) <<NOTE: Compliance.>>  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.

    [[Page 136 STAT. 5417]]

        ``(3)(A) <<NOTE: Waiver authority.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Federal Register, publication. Public
    information. Web posting.>>  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:

    [[Page 136 STAT. 5418]]

                ``(3) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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. <<NOTE: 38 USC 1701 note.>>  STRATEGIC PLAN TO ENSURE
                            CONTINUITY OF CARE IN THE CASE OF THE
                            REALIGNMENT OF A MEDICAL FACILITY OF THE
                            DEPARTMENT.

        (a) Sense of Congress.--It is the sense of Congress that the
    Veterans Health Administration should ensure that veterans do not
    experience a lapse of care when transitioning in receiving care due to
    the realignment of a medical facility of the Department of Veterans
    Affairs.
        (b) Development of Strategic Plan.--
                (1) <<NOTE: Updates.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Deadline.>>  Submittal to congress.--Not later
            than 180 days after the date of the enactment of this Act, the
            Under Secretary

    [[Page 136 STAT. 5419]]

            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. <<NOTE: 38 USC 1703 note.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5420]]

    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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 5421]]

                        (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) <<NOTE: Evaluation.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 5422]]

    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) <<NOTE: Assessment. Time period.>>  an assessment by the
            Secretary of the pilot program during the 180-day period
            preceding the date of the report, including--
                        (A) the cost of the pilot program;
                        (B) the volume of usage of the appointment self-
                    scheduling technology under the pilot program;
                        (C) the quality of the pilot program;
                        (D) patient satisfaction with the pilot program;
                        (E) benefits to veterans of using the pilot program;
                        (F) the feasibility of allowing self-scheduling for
                    different specialties under the pilot program;
                        (G) participation in the pilot program by health
                    care providers under the Veterans Community Care
                    Program; and
                        (H) such other findings and conclusions with respect
                    to the pilot program as the Secretary considers
                    appropriate; and
                (2) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 38 USC 1703F.>>  Credentialing verification
                        requirements for providers of non-Department
                        health care services

        ``(a) <<NOTE: Compliance.>>  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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5423]]

                        ``(B) dating back not less than 10 years.
                ``(3) <<NOTE: Deadlines.>>  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 <<NOTE: 38 USC prec. 1701.>>  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) <<NOTE: 38 USC 1703F note.>>  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):

    [[Page 136 STAT. 5424]]

        ``(f) <<NOTE: Deadline.>>  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. <<NOTE: 38 USC 1703B note.>>  PUBLICATION OF CLARIFYING
                            INFORMATION FOR NON-DEPARTMENT OF VETERANS
                            AFFAIRS PROVIDERS.

        (a) <<NOTE: Public information. Web posting. Summaries. List.>>  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

    [[Page 136 STAT. 5425]]

    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) <<NOTE: Determination. Time period.>>  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. <<NOTE: 38 USC 1701 note.>>  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.

    [[Page 136 STAT. 5426]]

                (4) As of 2019, veterans who reside in rural and highly
            rural areas make up approximately \1/3\ \\ of veteran enrollees
            in the patient enrollment system, and are on average, older than
            their veteran peers in urban areas, experience higher degrees of
            financial instability, and live with a greater number of complex
            health needs and comorbidities.
                (5) The Federal Communications Commission estimated in 2020
            that 15 percent of veteran households do not have an internet
            connection.
                (6) Under the Coronavirus Aid, Relief, and Economic Security
            Act (Public Law 116-136), Congress granted the Department
            additional authority to enter into short-term agreements or
            contracts with private sector telecommunications companies to
            provide certain broadband services for the purposes of providing
            expanded mental health services to isolated veterans through
            telehealth or VA Video Connect during a public health emergency.
                (7) The authority described in paragraph (6) was not
            utilized to the fullest extent by the Department.
                (8) Though the Department has made significant progress in
            expanding telehealth services offered to veterans who are
            enrolled in the patient enrollment system, significant gaps
            still exist to ensure all veterans receive equal and high-
            quality access to virtual care.
                (9) Questions regarding the efficacy of using telehealth for
            certain health care services and specialties remain, and should
            be further studied.
                (10) The Department continues to expand telehealth and
            virtual care offerings for primary care, mental health care,
            specialty care, urgent care, and even remote intensive care
            units.

        (b) Sense of Congress.--It is the sense of Congress that the
    telehealth services offered by the Department of Veterans Affairs should
    be routinely measured and evaluated to ensure the telehealth
    technologies and modalities delivered to veteran patients to treat a
    wide variety of health conditions are as effective as in-person
    treatment for primary care, mental health care, and other forms of
    specialty care.
        (c) <<NOTE: Deadlines.>>  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.

    [[Page 136 STAT. 5427]]

                              (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) <<NOTE: Assessments.>>  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) <<NOTE: List.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Reports.>>  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

    [[Page 136 STAT. 5428]]

    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) <<NOTE: Timeline.>>  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) <<NOTE: Assessments.>>  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.

    [[Page 136 STAT. 5429]]

    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) <<NOTE: Assessment.>>  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 136 STAT. 5430]]

                (3) address new and different care delivery models,
            including by--
                        (A) <<NOTE: Assessment.>>  assessing the
                    implications of such models for the design of facilities
                    and how those facilities may need to change;
                        (B) <<NOTE: Examination.>>  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. <<NOTE: 38 USC 1741 note.>>  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) <<NOTE: Public information. Web posting.>>
            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. <<NOTE: 38 USC 1741 note.>>  GERIATRIC PSYCHIATRY PILOT
                            PROGRAM AT STATE VETERANS HOMES.

        (a) <<NOTE: Deadline.>>  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--

    [[Page 136 STAT. 5431]]

                (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. <<NOTE: 38 USC 2041 note.>>  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) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5432]]

        ``(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) <<NOTE: Definition.>>  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) <<NOTE: 38 USC 1720 note.>>  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) <<NOTE: 38 USC 1720 note.>>  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) <<NOTE: Assessments.>>  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;

    [[Page 136 STAT. 5433]]

                (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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  Analysis.--Not later than 180 days after
    the date of the enactment of this Act, the Secretary of Veterans Affairs
    shall complete an analysis of the feasibility and advisability of making
    assistance and support under section 1720G(a) of title 38, United States
    Code, available to caregivers of veterans in the Republic of the
    Philippines.

        (c) <<NOTE: Assessments.>>  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.

    [[Page 136 STAT. 5434]]

                (4) An assessment of the number of veterans who are enrolled
            in the patient enrollment system and reside in the Republic of
            the Philippines that have a caregiver to provide them personal
            care services described in section 1720G(a)(C) of title 38,
            United States Code.
                (5) An assessment of the staffing needs and associated costs
            of making assistance and support available to caregivers of
            veterans in the Republic of the Philippines.
                (6) An assessment of the infrastructure needs and associated
            costs of making assistance and support available to caregivers
            of veterans in the Republic of the Philippines.
                (7) An assessment of the local transportation challenges to
            making assistance and support available to caregivers of
            veterans in the Republic of the Philippines.
                (8) An assessment of how the Secretary would determine
            payment rates for caregivers of veterans in the Republic of the
            Philippines to account for variances in living standards in the
            Republic of the Philippines.
                (9) Such other elements as the Secretary considers
            appropriate.

        (d) Definitions.--In this section:
                (1) Caregiver.--The term ``caregiver'' has the meaning given
            that term in section 1720G(d) of title 38, United States Code.
                (2) Patient enrollment system.--The term ``patient
            enrollment system'' means the system of annual patient
            enrollment of the Department of Veterans Affairs established and
            operated under section 1705(a) of such title.
                (3) Veteran.--The term ``veteran'' has the meaning given
            that term in section 101(2) of such title.
    SEC. 172. COMPTROLLER GENERAL REPORT ON FOREIGN MEDICAL PROGRAM OF
                            DEPARTMENT OF VETERANS AFFAIRS.

        (a) In General.--Not later than two years after the date of the
    enactment of this Act, the Comptroller General of the United States
    shall submit to the Committee on Veterans' Affairs of the Senate and the
    Committee on Veterans' Affairs of the House of Representatives a report
    on the Foreign Medical Program.
        (b) Elements.--The report required by subsection (a) shall include,
    for the most recent five fiscal years for which data are available, an
    assessment of the following:
                (1) The number of veterans who live overseas and are
            eligible for the Foreign Medical Program.
                (2) The number of veterans who live overseas, are registered
            for the Foreign Medical Program, and use such program.
                (3) The number of veterans who live overseas, are registered
            for the Foreign Medical Program, and do not use such program.
                (4) The number of veterans who are eligible for care
            furnished by the Department of Veterans Affairs, live in the
            United States, including territories of the United States, and
            make use of such care, including through the Veterans Community
            Care Program under section 1703 of title 38, United States Code.
                (5) Any challenges faced by the Department in administering
            the Foreign Medical Program, including--

    [[Page 136 STAT. 5435]]

                        (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. <<NOTE: 38 USC 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 <<NOTE: 38 USC prec. 7301.>>  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:

    [[Page 136 STAT. 5436]]

    ``SUBCHAPTER V <<NOTE: 38 USC prec 7381.>> --RESEARCH AND DEVELOPMENT
    ``Sec. 7381. <<NOTE: 38 USC 7381.>>  Office of Research and
                      Development

        ``(a) <<NOTE: Establishment.>>  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. <<NOTE: 38 USC 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 <<NOTE: 38 USC prec. 7301.>>  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

    [[Page 136 STAT. 5437]]

    for clinician-scientists appointed by the Secretary of Veterans Affairs.
        (b) Elements.--The study under subsection (a) shall include the
    following:
                (1) <<NOTE: Review.>>  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) <<NOTE: Assessment.>>  An assessment of the effect of
            such policies and practices on the following:
                        (A) The recruitment and retention efforts of the
                    Department.
                        (B) The productivity of the personnel specified in
                    subsection (a) with respect to research.
                        (C) The efficient use of resources available for
                    research on issues relating to the health of veterans.

        (c) Report.--Not later than two years after the date of the
    enactment of this Act, the Comptroller General shall submit to the
    Committee on Veterans' Affairs of the Senate and the Committee on
    Veterans' Affairs of the House of Representatives a report detailing the
    findings of the study conducted under subsection (a).

                         Subtitle H--Mental Health Care

    SEC. 191. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT
                            OF VETERANS AFFAIRS PROVIDING EVIDENCE-
                            BASED TREATMENTS FOR THE DIAGNOSIS OF
                            TREATMENT-RESISTANT DEPRESSION.

        (a) Findings.--Congress makes the following findings:
                (1) A systematic review in 2019 of the economics and quality
            of life relating to treatment-resistant depression summarized
            that major depressive disorder (in this subsection referred to
            as ``MDD'') is a global public health concern and that
            treatment-resistant depression in particular represents a key
            unmet need. The findings of that review highlighted the need for
            improved therapies for treatment-resistant depression to reduce
            disease burden, lower medical costs, and improve the quality of
            life of patients.
                (2) The Clinical Practice Guideline for the Management of
            MDD (in this subsection referred to as the ``CPG'') developed
            jointly by the Department of Veterans Affairs and the Department
            of Defense defines treatment-resistant depression as at least
            two adequate treatment trials and lack of full response to each.
                (3) The CPG recommends electro-convulsive therapy (in this
            subsection referred to as ``ECT'') as a treatment strategy for
            patients who have failed multiple other treatment strategies.
                (4) The CPG recommends offering repetitive transcranial
            magnetic stimulation (in this subsection referred to as
            ``rTMS''), an intervention that is indicated by the Food and
            Drug Administration, for treatment during a major depressive
            episode in patients with treatment-resistant MDD.
                (5) The final report of the Creating Options for Veterans'
            Expedited Recovery Commission (commonly referred to as the
            ``COVER Commission'') established under section 931 of the Jason
            Simcakoski Memorial and Promise Act (title IX of Public

    [[Page 136 STAT. 5438]]

            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) <<NOTE: Deadline.>>  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) <<NOTE: Assessments.>>  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.

    [[Page 136 STAT. 5439]]

    SEC. 192. <<NOTE: 38 USC 7401 note.>>  MODIFICATION OF RESOURCE
                            ALLOCATION SYSTEM TO INCLUDE PEER
                            SPECIALISTS.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Assessments.>>  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, <<NOTE: 38 USC prec. 1701.>>  is amended by inserting after
    section 1722B

    [[Page 136 STAT. 5440]]

    the following new section (and conforming the table of sections at the
    beginning of such chapter accordingly):
    ``Sec. 1722C. <<NOTE: 38 USC 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) <<NOTE: Effective date. 38 USC 1722C note.>>  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. <<NOTE: 38 USC 1704A.>>  Independent assessments of
                        health care delivery systems and management
                        processes

        ``(a) <<NOTE: Deadline. Contracts.>>  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

    [[Page 136 STAT. 5441]]

            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) <<NOTE: Assessments.>>  The staffing level at each
            medical facility of the Department and the productivity of each
            health care provider at the medical facility, compared with
            health care industry performance metrics, which may include the
            following:
                        ``(i) An assessment of the case load of, and number
                    of patients treated by, each health care provider at
                    such medical facility during an average week.
                        ``(ii) An assessment of the time spent by each such
                    health care provider on matters other than the case load
                    of the health care provider, including time spent by the
                    health care provider as follows:
                              ``(I) At a medical facility that is affiliated
                          with the Department.
                              ``(II) Conducting research.
                              ``(III) Training or supervising other health
                          care professionals of the Department.
                        ``(iii) An assessment of the complexity of health
                    care conditions per patient treated by each health care
                    provider at such medical facility during an average
                    week.
                ``(H) The information technology strategies of the
            Department with respect to furnishing and managing health care,
            including an identification of any weaknesses or opportunities
            with respect to the technology used by the Department,
            especially those strategies with respect to clinical
            documentation of hospital care, medical services, and other
            health care, including any clinical images and associated
            textual reports, furnished by the Department in facilities of
            the Department or non-Department facilities.
                ``(I) Business processes of the Veterans Health
            Administration, including processes relating to furnishing non-
            Department health care, insurance identification, third-party
            revenue collection, and vendor reimbursement, including an
            identification of mechanisms as follows:
                        ``(i) To avoid the payment of penalties to vendors.

    [[Page 136 STAT. 5442]]

                        ``(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;

    [[Page 136 STAT. 5443]]

                        ``(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) <<NOTE: Contracts. Designation.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Recommenda- tions.>>  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.

    [[Page 136 STAT. 5444]]

        ``(2) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Timeline. Costs.>>  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 <<NOTE: 38 USC prec. 1701.>>  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) <<NOTE: 38 USC 1704A note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  Report.--Not later than 30 days
            after completing the review under paragraph (1), the Secretary
            shall submit to the

    [[Page 136 STAT. 5445]]

            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) <<NOTE: 38 USC 1701 note.>>  Requirements of Website.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than one
            year after the date of the enactment of this Act, in addition to
            the requirements of section 206(b)(4) of the Veterans Access,
            Choice, and Accountability Act of 2014 (Public Law 113-146; 128
            Stat. 1781), the Secretary shall ensure that the Website meets
            the following requirements:
                        (A) The Website is directly accessible from--
                              (i) the main homepage of the publicly
                          accessible internet website of the Department; and
                              (ii) the main homepage of the publicly
                          accessible internet website of each medical center
                          of the Department.
                        (B) Where practicable, the Website is organized and
                    searchable by each medical center of the Department.
                        (C) The Website is easily understandable and usable
                    by the general public.
                (2) Consultation and contract authority.--In carrying out
            the requirements of paragraph (1)(C), the Secretary--
                        (A) shall consult with--
                              (i) veterans service organizations; and
                              (ii) veterans and caregivers of veterans from
                          geographically diverse areas and representing
                          different eras of service in the Armed Forces; and
                        (B) <<NOTE: Contracts.>>  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) <<NOTE: Deadline. Audit.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions.>>  provides
                    recommendations to medical facilities of the Department
                    on how to--

    [[Page 136 STAT. 5446]]

                              (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) <<NOTE: Determination.>>  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) <<NOTE: Standards.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Notice.>>  receives notice under subparagraph
            (B); or

    [[Page 136 STAT. 5447]]

                ``(ii) finds otherwise under subparagraph (C) or (D).

        ``(B) <<NOTE: Requirement. Notification.>>  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) <<NOTE: Review.>>  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) <<NOTE: Determination. Requirement. Certification. Deadline.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Notice.>>  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) <<NOTE: 38 USC 1162 note.>>  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) <<NOTE: Determination. 38 USC 1164 note.>>  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:

    [[Page 136 STAT. 5448]]

                (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. <<NOTE: Web posting.>>  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) <<NOTE: Reports.>>  Study.--Not later than 180 days
            after the date of the enactment of this Act, the Secretary shall
            complete a study on covered claims that were denied prior to the
            date of the enactment of this Act and submit to the Committee on
            Veterans' Affairs of the Senate and the Committee on Veterans'
            Affairs

    [[Page 136 STAT. 5449]]

            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) <<NOTE: Review.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Regulations. Guidance.>>  The Secretary, in
    consultation with the advisory group established under paragraph (3)(A),
    shall prescribe regulations and

    [[Page 136 STAT. 5450]]

    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) <<NOTE: Evaluation.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Establishment.>>  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) <<NOTE: Reports.>>  Not later than one year after the date on
    which the Secretary issues the regulations and guidance pursuant to
    paragraph

    [[Page 136 STAT. 5451]]

    (2), <<NOTE: Public information. Reports.>>  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. <<NOTE: Native VetSuccess at Tribal Colleges and
                            Universities Pilot Program Act.>>  NATIVE
                            VETSUCCESS AT TRIBAL COLLEGES AND
                            UNIVERSITIES PILOT PROGRAM.

        (a) <<NOTE: 38 USC 3697B note.>>  Short Title.--This section may be
    cited as the ``Native VetSuccess at Tribal Colleges and Universities
    Pilot Program Act''.

        (b) Pilot Program.--
                (1) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5452]]

                    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) <<NOTE: Notice.>>  Outreach to Colleges and Universities.--The
    Secretary shall provide notice of the pilot program to all Tribal
    colleges and universities and encourage all Tribal colleges and
    universities to coordinate with each other to create regional service
    areas to participate in the pilot program.

        (h) Briefings and Reports.--
                (1) Implementation briefing.--Not later than one year after
            the date of the enactment of this Act, the Secretary shall
            provide the appropriate committees of Congress a briefing on--
                        (A) the design, structure, and objectives of the
                    pilot program required by subsection (b)(1); and
                        (B) the three regional Native Vet Success service
                    areas and the Tribal colleges and universities selected
                    for participation in the pilot program and the reason
                    for the selection of such service areas and such
                    colleges and universities.
                (2) Report.--
                        (A) In general.--Not later than four years after the
                    date on which the Secretary commences the pilot program
                    under subsection (b)(1), the Secretary shall submit to
                    the

    [[Page 136 STAT. 5453]]

                    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) <<NOTE: Analysis.>>  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''.

    [[Page 136 STAT. 5454]]

    SEC. 213. <<NOTE: 38 USC 4102A note.>>  WEBSITES REGARDING
                            APPRENTICESHIP PROGRAMS.

        (a) Website Under the Jurisdiction of Secretary of
    Labor. <<NOTE: Public information.>> --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) <<NOTE: Update.>>  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

    [[Page 136 STAT. 5455]]

                    or until there are no transferees who would not be
                    precluded from using the transferred benefits because of
                    expiration of a time limitation.''.

        (b) <<NOTE: 38 USC 3319 note.>>  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) <<NOTE: 38 USC 3501 note.>>  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. <<NOTE: 38 USC 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

    [[Page 136 STAT. 5456]]

                ``(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 <<NOTE: 38 USC prec. 3670.>>  amended by inserting after
    the item relating to section 3691 the following new item:

    ``3691A.Withdrawal or leave of absence from certain education.''.

     Subtitle C <<NOTE: GI Bill National Emergency Extended Deadline Act of
    2022.>> --GI Bill National Emergency Extended Deadline Act
    SEC. 231. <<NOTE: 38 USC 101 note.>>  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) <<NOTE: Determination. Time period.>>  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--

    [[Page 136 STAT. 5457]]

                ``(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) <<NOTE: Applicability. Time periods.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  another reason that prevents
            the veteran from participating in the vocational rehabilitation
            program, as determined by the Secretary.''.

    [[Page 136 STAT. 5458]]

    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) <<NOTE: Effective date.>>  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) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5459]]

                (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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 38 USC 111 note.>>  DEPARTMENT OF VETERANS
                            AFFAIRS TRANSPORTATION PILOT PROGRAM FOR
                            LOW INCOME VETERANS.

        (a) <<NOTE: Deadline. Assessment.>>  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.--

    [[Page 136 STAT. 5460]]

                (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) <<NOTE: Recommenda- tions.>>  Recommendations of
                    the Secretary for legislative or administrative action
                    to reduce improper payments.
                        (G) <<NOTE: Assessment.>>  An assessment of the
                    feasibility and advisability of providing payments as
                    described in subsection (a).
    SEC. 244. <<NOTE: 38 USC 111 note.>>  PILOT PROGRAM FOR TRAVEL
                            COST REIMBURSEMENT FOR ACCESSING
                            READJUSTMENT COUNSELING SERVICES.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 5461]]

        (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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  Such
                    recommendations for legislative or administrative action
                    as the Secretary considers appropriate with respect to
                    the payment of expenses or allowances.

    [[Page 136 STAT. 5462]]

        (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 <<NOTE: VA Beneficiary Debt Collection Improvement Act of
    2022.>> --VA Beneficiary Debt Collection Improvement Act
    SEC. 251. <<NOTE: 38 USC 101 note.>>  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. <<NOTE: 38 USC 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) <<NOTE: Determination. Notice.>>  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) <<NOTE: Determination.>>  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;

    [[Page 136 STAT. 5463]]

                ``(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 <<NOTE: 38 USC prec. 5301.>>  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) <<NOTE: Regulations. 38 USC 5302B note.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5464]]

                    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) <<NOTE: List.>>  A list of actions completed,
                    implementation steps, and timetables for each
                    requirement described in subparagraphs (A) through (C).
                        (E) A description of any new legislative authority
                    required to complete any such requirement.
    SEC. 253. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST
                            AND ADMINISTRATIVE COST CHARGES FOR DEBTS
                            RELATING TO CERTAIN BENEFITS PROGRAMS.

        (a) In General.--Section 5315(a)(1) of title 38, United States Code,
    is amended--
                (1) by striking ``other than a loan'' and all that follows
            through the semicolon and inserting ``other than--''; and
                (2) by adding at the end the following new subparagraphs:
                        ``(A) a loan, loan-guaranty, or loan-insurance
                    program;
                        ``(B) a disability compensation program;
                        ``(C) a pension program; or
                        ``(D) an educational assistance program.''.

        (b) <<NOTE: 38 USC 5315 note.>>  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) <<NOTE: 38 USC 5302 note.>>  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. <<NOTE: 38 USC 5314A.>>  Dispute of indebtedness

        ``(a) <<NOTE: Regulations.>>  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

    [[Page 136 STAT. 5465]]

    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) <<NOTE: 38 USC 5314A note.>>  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 <<NOTE: 38 USC prec. 5301.>>
            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) <<NOTE: Determination.>>  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.--

    [[Page 136 STAT. 5466]]

                (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) <<NOTE: 38 USC 2011 note.>>  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) <<NOTE: Effective date. 38 USC 2011 note.>>
            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) <<NOTE: 38 USC 2011 note.>>  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:

    [[Page 136 STAT. 5467]]

        ``(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) <<NOTE: Requirement. Reports.>>  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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5468]]

        ``(b) Grants.--(1) In awarding grants for purposes of conducting
    programs described in subsection (a), the Secretary of Labor shall, to
    the maximum extent practicable, consider applications for fundable
    grants from entities in all States.
        ``(2) In each State in which no entity has been awarded a grant
    described in paragraph (1) as of the date of the enactment of the Joseph
    Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and
    Health Care Improvement Act of 2022, the Secretary of Labor shall, in
    coordination with the Director of Veterans' Employment and Training in
    the State, organize and conduct an outreach and education program to
    ensure communities are aware of the programs conducted under this
    section and the benefits of the programs.
        ``(c) Training and Technical Assistance.--(1) The Secretary of Labor
    shall provide training and technical assistance to entities seeking a
    grant or contract under this section and recipients of a grant or
    contract under this section regarding the planning, development, and
    provision of services for which the grant or contract is awarded,
    including before and during the grant application or contract award
    period.
        ``(2) The training and technical assistance provided under paragraph
    (1) shall include outreach and assistance specifically designed for
    entities serving regions and populations underserved by the programs
    conducted under this section.
        ``(3) The Secretary of Labor may provide training and technical
    assistance under paragraph (1) directly or through grants or contracts
    with such public or nonprofit private entities as that Secretary
    considers appropriate.
        ``(d) Requirement to Monitor Expenditures of Funds.--(1) The
    Secretary of Labor shall collect such information as that Secretary
    considers appropriate to monitor and evaluate the distribution and
    expenditure of funds appropriated to carry out this section.
        ``(2) Information collected under paragraph (1) shall include data
    with respect to the results or outcomes of the services provided to each
    homeless veteran under this section.
        ``(3) Information collected under paragraph (1) shall be furnished
    in such form and manner as the Secretary of Labor may specify.
        ``(e) Administration Through Assistant Secretary of Labor for
    Veterans' Employment and Training.--The Secretary of Labor shall carry
    out this section through the Assistant Secretary of Labor for Veterans'
    Employment and Training.
        ``(f) Provision of Services to Veterans in Certain Institutions.--
    (1) The Attorney General of the United States shall permit a recipient
    of a grant or contract under this section or section 2023 of this title
    to provide services under this section or section 2023 of this title to
    any veteran described in subsection (a)(4) who is residing in a penal
    institution under the jurisdiction of the Bureau of Prisons.
        ``(2) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5469]]

        ``(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) <<NOTE: Data.>>  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) <<NOTE: Evaluation.>>  An evaluation of services
            furnished to veterans under this section.
                ``(B) <<NOTE: Analysis.>>  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,

    [[Page 136 STAT. 5470]]

    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) <<NOTE: Data.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5471]]

                              (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 <<NOTE: 38 USC
                    2014, 2016.>>  as section 2016; and
                        (B) by inserting after section 2013 the following
                    new sections 2014 and 2015:
    ``Sec. 2014. <<NOTE: 38 USC 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. <<NOTE: 38 USC 2015.>>  Training and technical
                      assistance for entities regarding services
                      provided to veterans at risk of, experiencing,
                      or transitioning out of homelessness

        ``(a) In General.--The Secretary shall provide training and
    technical assistance to entities serving veterans at risk of,
    experiencing, or transitioning out of homelessness regarding--
                ``(1) the provision of such services to such veterans; and
                ``(2) the planning and development of such services.

        ``(b) Coordination.--The Secretary may coordinate the provision of
    training and technical assistance under subsection (a) with the
    Secretary of Housing and Urban Development and the Secretary of Labor.
        ``(c) Elements.--The training and technical assistance provided
    under subsection (a) shall include coordination and communication of
    best practices among all programs administered by the Veterans Health
    Administration directed at serving veterans at risk of, experiencing, or
    transitioning out of homelessness.
        ``(d) Provision of Training.--The Secretary may provide the training
    and technical assistance under subsection (a) directly or

    [[Page 136 STAT. 5472]]

    through grants or contracts with such public or nonprofit private
    entities as the Secretary considers appropriate.''.
                (2) <<NOTE: Effective date. 38 USC 2014 note.>>  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 <<NOTE: 38 USC prec.
            2001.>>  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. <<NOTE: 38 USC 2041 note.>>  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,

    [[Page 136 STAT. 5473]]

    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. <<NOTE: 38 USC 701 note.>>  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. <<NOTE: 38 USC 2041 note.>>  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. <<NOTE: 38 USC 2061 note.>>  PILOT PROGRAM ON GRANTS FOR
                            HEALTH CARE FOR HOMELESS VETERANS.

        (a) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5474]]

            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) <<NOTE: Requirement.>>  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.--

    [[Page 136 STAT. 5475]]

                (1) In general.--Not later than one year after the date on
            which the first grants are awarded under this section, and
            annually thereafter until the program terminates, the Secretary
            shall submit to the Committee on Veterans' Affairs of the Senate
            and the Committee on Veterans' Affairs of the House of
            Representatives a report on the effectiveness of the program.
                (2) Elements.--The report required by paragraph (1) shall
            include the number of veterans served by the pilot program under
            the care of a staff member the funding for whom is provided by a
            grant under the program, disaggregated by--
                        (A) geographic location;
                        (B) sex;
                        (C) age;
                        (D) race and ethnicity;
                        (E) whether or not a veteran received health care
                    from the Department during the two-year period preceding
                    the date on which the veteran began participating in the
                    program;
                        (F) the number of veterans who transitioned into
                    permanent housing as a result of participation in the
                    program;
                        (G) with respect to veterans who did not transition
                    into permanent housing as a result of participation in
                    the program, the main reasons for not so transitioning;
                        (H) discharge status; and
                        (I) eligibility for health care provided by the
                    Department of Veterans Affairs.
    SEC. 311. <<NOTE: 38 USC 1720A note.>>  PILOT PROGRAM ON AWARD OF
                            GRANTS FOR SUBSTANCE USE DISORDER RECOVERY
                            FOR HOMELESS VETERANS.

        (a) <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 5476]]

                (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) <<NOTE: Requirement.>>  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) <<NOTE: Estimate.>>  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.

    [[Page 136 STAT. 5477]]

                        (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).

    [[Page 136 STAT. 5478]]

                        (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)).

    [[Page 136 STAT. 5479]]

                (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) <<NOTE: Time period.>>  Contents.--The report required by
    subsection (a) shall include, with respect to the one-year period
    preceding the date of the enactment of this Act, the following:
                (1) The number of veterans using housing vouchers under the
            program carried out under section 8(o)(19) of the United States
            Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) (commonly referred
            to as ``HUD-VASH'').
                (2) The number of veterans who were allocated a housing
            voucher described in paragraph (1) but who have been unable to
            attain permanent housing.
                (3) The number of available housing vouchers described in
            paragraph (1) that are unused for any reason.
                (4) <<NOTE: Data.>>  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.

    [[Page 136 STAT. 5480]]

        (b) Methodology.--In conducting the study under subsection (a), the
    Secretary shall--
                (1) <<NOTE: Survey.>>  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) <<NOTE: Data.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Cost.>>  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.

    [[Page 136 STAT. 5481]]

        (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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions.>>  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.

    [[Page 136 STAT. 5482]]

                        (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) <<NOTE: Recommenda- tions.>>
                          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. <<NOTE: 38 USC 8121 note.>>  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.

    [[Page 136 STAT. 5483]]

                (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) <<NOTE: Deadline. Contracts.>>  In general.--Not later
            than one year after the date of the enactment of this Act, the
            Secretary of Veterans Affairs and the Secretary of Defense shall
            enter into an agreement to provide for the participation of the
            Department of Veterans Affairs in the program known as the
            ``Warstopper Program'' of the Defense Logistics Agency, or any
            successor program.
                (2) Requirements.--Pursuant to the agreement under paragraph
            (1), the Defense Logistics Agency shall--
                        (A) ensure the maintenance and stability of the
                    items that are identified as critical in the report
                    required under subsection (a) and that the Secretary of
                    Defense determines are appropriate for the Warstopper
                    Program;
                        (B) <<NOTE: Guidance.>>  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) <<NOTE: Implementation plan.>>  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.

    [[Page 136 STAT. 5484]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.''.

    [[Page 136 STAT. 5485]]

        (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) <<NOTE: Deadlines.>>  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) <<NOTE: Deadlines. 38 USC 516 note.>>  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) <<NOTE: 38 USC 516 note.>>  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:

    [[Page 136 STAT. 5486]]

     ``SUBCHAPTER VI <<NOTE: 38 USC prec. 8171.>> --INFORMATION TECHNOLOGY
    PROJECTS AND ACTIVITIES
    ``Sec. 8171. <<NOTE: 38 USC 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. <<NOTE: 38 USC 8172.>>  Management of major
                      information technology projects

        ``(a) <<NOTE: Reports.>>  Cost, Schedule, and Performance
    Information.--(1) The Secretary shall, acting through the Chief
    Information Officer of the Department, submit to the appropriate
    congressional committees a report containing information on the cost,
    schedule, and performance of each major information technology project
    that begins after the date of the enactment of the Joseph Maxwell
    Cleland and Robert Joseph Dole Memorial Veterans Benefits and

    [[Page 136 STAT. 5487]]

    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) <<NOTE: Estimate.>>  An estimate of acquisition costs,
            implementation costs, and life cycle costs.
                ``(B) <<NOTE: Implementation schedule.>>  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) <<NOTE: Deadline. Update.>>  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) <<NOTE: Deadline. Notification.>>  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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5488]]

                              ``(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. <<NOTE: 38 USC 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. <<NOTE: 38 USC 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. <<NOTE: 38 USC 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),

    [[Page 136 STAT. 5489]]

    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) <<NOTE: Assessment.>>  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) <<NOTE: Cost.>>  The life cycle cost of the
            information technology project.
                ``(iv) <<NOTE: Cost.>>  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

    [[Page 136 STAT. 5490]]

    for each factor for the information technology project under
    subparagraph (A).
        ``(c) <<NOTE: Time period.>>  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 <<NOTE: 38 USC prec. 8101.>>  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) <<NOTE: 38 USC 8172 note.>>  Current and new major
            projects.--Except as specifically provided in subsection (a) of
            section 8172 of title 38, United States Code, as added by
            subsection (a) of this section, such section 8172 shall apply
            with respect to major information technology projects that begin
            before, on, or after the date of the enactment of this Act.
                (2) Report on current projects.--
                        (A) In general.--Not later than 90 days after the
                    date of the enactment of this Act, the Secretary of
                    Veterans Affairs shall submit to the appropriate
                    congressional committees a report on each major
                    information technology project that the Secretary is
                    carrying out as of the date of the report.
                        (B) Contents.--The report submitted under
                    subparagraph (A) shall contain, with respect to each
                    project described in such subparagraph, information on
                    the cost, schedule, and performance of the project as
                    described in subsection (a) of section 8172 of such
                    title, as so added.
                (3) <<NOTE: 38 USC 8172 note.>>  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) <<NOTE: 38 USC 8173 note.>>  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.

    [[Page 136 STAT. 5491]]

                (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) <<NOTE: 38 USC 8175 note.>>  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) <<NOTE: Records.>>  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) <<NOTE: Web posting.>>  The Secretary shall publish on the
    internet website of each facility of the Department the following
    information with respect to the facility:
                ``(A) <<NOTE: Summaries. Time period.>>  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.

    [[Page 136 STAT. 5492]]

        ``(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) <<NOTE: Deadlines.>>  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) <<NOTE: 38 USC 902 note.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  review each incident described in
            subparagraph (C)(i) that is reported under subparagraph (A); and
                ``(ii) <<NOTE: Investigate.>>  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:

    [[Page 136 STAT. 5493]]

                ``(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) <<NOTE: Cost estimates.>>
                                    estimates on the costs to carry out the
                                    plan; and
                                        (II) <<NOTE: Recommenda- tions.>>
                                    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) <<NOTE: 38 USC 902 note.>>  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. <<NOTE: 38 USC 303 note.>>  PLAN FOR REDUCTION OF
                            BACKLOG OF FREEDOM OF INFORMATION ACT
                            REQUESTS.

        (a) Plan.--
                (1) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5494]]

            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) <<NOTE: Schedule.>>  A schedule for carrying out
                    the plan, including key milestones and metrics.

        (b) Compliance Assessment.--The Secretary shall request the Director
    of the Office of Government Information Services of the National
    Archives and Records Administration to conduct an assessment of the
    compliance by the Department of Veterans Affairs with section 552 of
    title 5, United States Code.
        (c) Reports.--
                (1) Initial report.--
                        (A) In general.--Not later than 180 days after the
                    date of the enactment of this Act, the Secretary shall
                    submit to the Committee on Veterans' Affairs of the
                    Senate and the Committee on Veterans' Affairs of the
                    House of Representatives a report on implementing
                    subsections (a) and (b).
                        (B) Contents.--The report required by subparagraph
                    (A) shall include the following:
                              (i) The plan established under subsection (a).
                              (ii) <<NOTE: Analysis.>>  An analysis of the
                          root causes of the backlog of Freedom of
                          Information Act requests.
                              (iii) <<NOTE: Recommenda- tions.>>
                          Recommendations with respect to any additional
                          resources or legislative action the Secretary
                          determines necessary for such implementation.
                (2) <<NOTE: Time period.>>  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) <<NOTE: Public information. Web posting.>>
            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

    [[Page 136 STAT. 5495]]

    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) <<NOTE: 134 Stat. 4969>>  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) <<NOTE: 38 USC 1562 note.>>  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) <<NOTE: 38 USC 1562 note.>>  Treatment of Certain Pension
    Payments.--
                (1) In general.--A payment described in paragraph (2) shall
            be treated as an authorized payment.
                (2) <<NOTE: Time periods.>>  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) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5496]]

        ``(B) <<NOTE: Effective date.>>  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) <<NOTE: Effective date. Notification.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Repeal.>>  Conforming amendment.--Subsection (b)
            of section 7 of such Act is hereby repealed.

        (b) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5497]]

            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) <<NOTE: Public information. Web posting. 38 USC 516 note.>>
    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) <<NOTE: Estimate.>>  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) <<NOTE: Deadline.>>  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 <<NOTE: Recommenda- tions.>>  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 <<NOTE: Support The Resiliency of Our Nation's Great Veterans
    Act of 2022.>> --STRONG VETERANS ACT OF 2022
    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) <<NOTE: 38 USC 101 note.>>  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.

    [[Page 136 STAT. 5498]]

              TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH

    Sec. 101. Mental health and suicide prevention outreach to minority
               veterans and American Indian and Alaska Native veterans.
    Sec. 102. Expansion of Vet Center workforce.
    Sec. 103. Expansion of mental health training for Department of Veterans
               Affairs.
    Sec. 104. Expansion of scholarships and loan repayment programs for
               mental health providers.

                         TITLE II--VETERANS CRISIS LINE

    Sec. 201. Veterans Crisis Line.

        Subtitle A--Veterans Crisis Line Training and Quality Management

    Sec. 211. Staff training.
    Sec. 212. Quality review and management.
    Sec. 213. Guidance for high-risk callers.
    Sec. 214. Oversight of training of social service assistants and
               clarification of job responsibilities.

         Subtitle B--Pilot Programs and Research on Veterans Crisis Line

    Sec. 221. Pilot programs.
    Sec. 222. Authorization of appropriations for research on effectiveness
               and opportunities for improvement of Veterans Crisis Line.

                  Subtitle C--Transition of Crisis Line Number

    Sec. 231. Feedback on transition of crisis line number.

                         TITLE III--OUTREACH TO VETERANS

    Sec. 301. Designation of Buddy Check Week by Secretary of Veterans
               Affairs.
    Sec. 302. Improvements to Veterans Justice Outreach Program.
    Sec. 303. Department of Veterans Affairs Governors Challenge Program.

                      TITLE IV--MENTAL HEALTH CARE DELIVERY

    Sec. 401. Expansion of peer specialist support program of Department of
               Veterans Affairs.
    Sec. 402. Expansion of Vet Center services.
    Sec. 403. Eligibility for mental health services.
    Sec. 404. Mental health consultations.

                                TITLE V--RESEARCH

    Sec. 501. Veterans integration to academic leadership program of the
               Department of Veterans Affairs.
    Sec. 502. Improvement of sleep disorder care furnished by Department of
               Veterans Affairs.
    Sec. 503. Study on inpatient mental health and substance use care from
               Department of Veterans Affairs.
    Sec. 504. Study on treatment from Department of Veterans Affairs for co-
               occurring mental health and substance use disorders.
    Sec. 505. Study on workload of suicide prevention teams of Department of
               Veterans Affairs.
    Sec. 506. Expansion of suicide prevention and mental health research.
    Sec. 507. Study on mental health and suicide prevention support for
               military families.
    Sec. 508. Research on brain health.
    Sec. 509. Study on efficacy of clinical and at-home resources for post-
               traumatic stress disorder.

              TITLE I--TRAINING TO SUPPORT VETERANS' MENTAL HEALTH

    SEC. 101. <<NOTE: Deadlines.>>  MENTAL HEALTH AND SUICIDE
                            PREVENTION OUTREACH TO MINORITY VETERANS
                            AND AMERICAN INDIAN AND ALASKA NATIVE
                            VETERANS.

        (a) <<NOTE: 38 USC 1712A note.>>  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

    [[Page 136 STAT. 5499]]

    of Veterans Affairs has no fewer than one full-time employee whose
    responsibility is serving as a minority veteran coordinator.

        (b) <<NOTE: 38 USC 1712A note.>>  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) <<NOTE: Plan. Records. 38 USC 1712A note.>>  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) <<NOTE: Schedule. List.>>  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.

    [[Page 136 STAT. 5500]]

                (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) <<NOTE: Review.>>  A review of the outreach plans
            developed and submitted to all Department medical centers for
            outreach to American Indian and Alaska Native veterans.
                (8) <<NOTE: Review. Time period.>>  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. <<NOTE: 38 USC 1712A note.>>  EXPANSION OF VET CENTER
                            WORKFORCE.

        (a) <<NOTE: Deadline.>>  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. <<NOTE: 38 USC 7401 note.>>  EXPANSION OF MENTAL HEALTH
                            TRAINING FOR DEPARTMENT OF VETERANS
                            AFFAIRS.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: 38 USC 7611 note.>>  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) <<NOTE: 38 USC 7681 note.>>  Expansion of Education Debt
    Reduction Program.--
                (1) <<NOTE: Effective date.>>  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

    [[Page 136 STAT. 5501]]

            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) <<NOTE: 38 USC 7401 note.>>  Outreach.--
                (1) <<NOTE: Deadline.>>  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. <<NOTE: Definition. 38 USC 1720F note.>>  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. <<NOTE: Deadlines.>>  STAFF TRAINING.

        (a) Review of Training for Veterans Crisis Line Call Responders.--
                (1) <<NOTE: Contracts.>>  In general.--The Secretary of
            Veterans Affairs shall enter into an agreement with an
            organization outside the Department of Veterans Affairs to
            review the training for Veterans Crisis Line call responders on
            assisting callers in crisis.
                (2) Completion of review.--The review conducted under
            paragraph (1) shall be completed not later than one year after
            the date of the enactment of this Act.
                (3) Elements of review.--The review conducted under
            paragraph (1) shall consist of a review of the training provided
            by the Department on subjects including risk assessment, lethal
            means assessment, substance use and overdose risk assessment,
            safety planning, referrals to care, supervisory consultation,
            and emergency dispatch.
                (4) Update of training.--If any deficiencies in the training
            for Veterans Crisis Line call responders are found pursuant to
            the review under paragraph (1), the Secretary shall update such
            training and associated standards of practice to correct

    [[Page 136 STAT. 5502]]

            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) <<NOTE: Requirement.>>  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. <<NOTE: Deadline.>> --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.

    [[Page 136 STAT. 5503]]

    SEC. 213. <<NOTE: Deadlines.>>  GUIDANCE FOR HIGH-RISK CALLERS.

        (a) <<NOTE: Updates.>>  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) <<NOTE: Criteria.>>  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) <<NOTE: Update.>>  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 <<NOTE: Deadline.>>  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. <<NOTE: Deadlines.>>  PILOT PROGRAMS.

        (a) Extended Safety Planning Pilot Program for Veterans Crisis
    Line.--
                (1) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5504]]

            whether a lengthier, templated safety plan used in clinical
            settings could be applied in call centers for the Veterans
            Crisis Line.
                (2) <<NOTE: Recommenda- tions.>>  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. <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5505]]

    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. <<NOTE: 38 USC 1712A note.>>  DESIGNATION OF BUDDY CHECK
                            WEEK BY SECRETARY OF VETERANS AFFAIRS.

        (a) In General.--The Secretary of Veterans Affairs shall designate
    one week each year to organize outreach events and educate veterans on
    how to conduct peer wellness checks, which shall be known as ``Buddy
    Check Week''.
        (b) Educational Opportunities.--
                (1) In general.--During Buddy Check Week, the Secretary, in
            consultation with organizations that represent veterans,
            nonprofits that serve veterans, mental health experts, members
            of the Armed Forces, and such other entities and individuals as
            the Secretary considers appropriate, shall collaborate with
            organizations that represent veterans to provide educational
            opportunities for veterans to learn how to conduct peer wellness
            checks.
                (2) Training matters.--As part of the educational
            opportunities provided under paragraph (1), the Secretary shall
            provide the following:
                        (A) A script for veterans to use to conduct peer
                    wellness checks that includes information on appropriate
                    referrals to resources veterans might need.
                        (B) Online and in-person training, as appropriate,
                    on how to conduct a peer wellness check.
                        (C) Opportunities for members of organizations that
                    represent veterans to learn how to train individuals to
                    conduct peer wellness checks.
                        (D) Training for veterans participating in Buddy
                    Check Week on how to transfer a phone call directly to
                    the Veterans Crisis Line.
                        (E) Resiliency training for veterans participating
                    in Buddy Check Week on handling a veteran in crisis.
                (3) <<NOTE: Public information. Web posting.>>  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

    [[Page 136 STAT. 5506]]

                (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. <<NOTE: 38 USC 6303 note.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Analysis.>>  a workforce gap analysis for the
            Program.

    [[Page 136 STAT. 5507]]

        (c) Increase in Number of VJO Specialists.--
                (1) <<NOTE: Determination.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Deadline.>>  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).

    [[Page 136 STAT. 5508]]

        (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) <<NOTE: Assessment.>>  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. <<NOTE: 38 USC 1720F note.>>  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

    [[Page 136 STAT. 5509]]

    tribes for the development and implementation of veteran suicide
    prevention proposals through the Governors Challenge Program.

                      TITLE IV--MENTAL HEALTH CARE DELIVERY

    SEC. 401. EXPANSION OF PEER SPECIALIST SUPPORT PROGRAM OF
                            DEPARTMENT OF VETERANS AFFAIRS.

        (a) Expansion.--Section 506 of the VA MISSION Act of 2018 (Public
    Law 115-182; 38 U.S.C. 1701 note) is amended--
                (1) by redesignating subsections (d) through (f) as
            subsections (e) through (g);
                (2) in subsection (a), by adding at the end the following
            new sentence: ``Each such peer specialist shall be a full-time
            employee whose primary function is to serve as a peer specialist
            and shall be in addition to all other employees of such medical
            center.'';
                (3) in the heading of subsection (b), by striking
            ``Timeframe'' and inserting ``Initial Timeframe'';
                (4) in subsection (c)--
                        (A) in the heading, by striking ``Selection'' and
                    inserting ``Initial Selection''; and
                        (B) in paragraph (1), by striking ``The Secretary
                    shall'' and inserting ``In establishing the program at
                    initial locations, the Secretary shall'';
                (5) by inserting after subsection (c) the following new
            subsection:

        ``(d) Timeframe for Expansion of Program; Selection of Additional
    Locations.--
                ``(1) Timeframe for expansion.--The Secretary shall make
            permanent and expand the program to additional medical centers
            of the Department as follows:
                        ``(A) As of the date of the enactment of the STRONG
                    Veterans Act of 2022, the Secretary shall make such
                    program permanent at each medical center participating
                    in the program on the day before such date of enactment.
                        ``(B) During the seven-year period following such
                    date of enactment, the Secretary shall expand the
                    program to an additional 25 medical centers per year
                    until the program is carried out at each medical center
                    of the Department.
                ``(2) Selection of additional locations.--In selecting
            medical centers for the expansion of the program under paragraph
            (1)(B), until such time as each medical center of the Department
            is participating in the program by establishing not fewer than
            two peer specialists at the medical center, the Secretary shall
            prioritize medical centers in the following areas:
                        ``(A) Rural areas and other areas that are
                    underserved by the Department.
                        ``(B) Areas that are not in close proximity to an
                    active duty military installation.
                        ``(C) Areas representing different geographic
                    locations, such as census tracts established by the
                    Bureau of the Census.'';
                (6) in subsection (e), as redesignated by paragraph (1)--

    [[Page 136 STAT. 5510]]

                        (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) <<NOTE: Assessments.>>  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) <<NOTE: Determination. Notification.>>  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) <<NOTE: Time periods.>>  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.

    [[Page 136 STAT. 5511]]

                (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) <<NOTE: Definition.>>  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) <<NOTE: Assessments.>>  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'';

    [[Page 136 STAT. 5512]]

                        (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) <<NOTE: 38 USC 1712A note.>>  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. <<NOTE: 38 USC 1167.>>  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) <<NOTE: Deadline. Assessment.>>  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 <<NOTE: 38 USC prec.
            1101.>>  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:

    [[Page 136 STAT. 5513]]

    ``Sec. 2068. <<NOTE: 38 USC 2068.>>  Mental health consultations

        ``(a) <<NOTE: Deadline. Assessment.>>  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 <<NOTE: 38 USC prec.
            2001.>>  is amended by adding at the end the following new item:

    ``2068. Mental health consultations.''.

                                TITLE V--RESEARCH

    SEC. 501. <<NOTE: 38 USC note prec. 3001.>>  VETERANS INTEGRATION
                            TO ACADEMIC LEADERSHIP PROGRAM OF THE
                            DEPARTMENT OF VETERANS AFFAIRS.

        (a) <<NOTE: Assessments.>>  Report.--Not later than one year after
    the date of the enactment of this Act, the Secretary of Veterans Affairs
    shall submit to the Committees on Veterans' Affairs of the House of
    Representatives and the Senate a report on the Veterans Integration to
    Academic Leadership program of the Department of Veterans Affairs. The
    report shall include the following:
                (1) The number of medical centers of the Department,
            institutions of higher learning, non-college degree programs,
            and student veterans supported by the program, and relevant
            trends since the program began.
                (2) The staff and resources allocated to the program, and
            relevant trends since the program began.
                (3) An assessment of the outcomes and effectiveness of the
            program in--
                        (A) supporting student veterans;
                        (B) connecting student veterans to needed services
                    of the Department or services provided by non-Department
                    entities;
                        (C) addressing the mental health needs of student
                    veterans;
                        (D) lowering the suicide risk of student veterans;
                    and
                        (E) helping student veterans achieve educational
                    goals.
                (4) An assessment of barriers to expanding the program and
            how the Secretary intends to address such barriers.
                (5) An assessment of whether the program should be expanded
            outside of the Office of Mental Health and Suicide Prevention to
            support students veterans with needs unrelated to mental health
            or suicide.

        (b) Uniform Best Practices, Goals, and Measures.--The Secretary
    shall establish best practices, goals, and measures for the Veterans
    Integration to Academic Leadership program of the Department that are
    uniform among the medical centers of the Department.
        (c) Outreach.--The Secretary shall conduct outreach among the Armed
    Forces, veterans service organizations, institutions of higher learning,
    and non-college degree programs with respect to

    [[Page 136 STAT. 5514]]

    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. <<NOTE: 38 USC 1701 note.>>  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) <<NOTE: Assessment.>>  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

    [[Page 136 STAT. 5515]]

    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) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Deadline. Examination.>>  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.

    [[Page 136 STAT. 5516]]

        (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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: List.>>  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. <<NOTE: 38 USC 7303 note.>>  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.

    [[Page 136 STAT. 5517]]

        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Department of Veterans Affairs an additional
    $10,000,000 to be used by the Center of Excellence for Suicide
    Prevention of the Department and the Rocky Mountain Mental Illness
    Research Education and Clinical Center for purposes of conducting
    research on the factors impacting veteran suicide and best practices for
    early intervention and support.
    SEC. 507. STUDY ON MENTAL HEALTH AND SUICIDE PREVENTION SUPPORT
                            FOR MILITARY FAMILIES.

        (a) In General.--The Secretary of Veterans Affairs, in collaboration
    with the Secretary of Defense, shall conduct a study on secondary post-
    traumatic stress disorder and depression and its impact on spouses,
    children, and caregivers of members of the Armed Forces.
        (b) Report.--
                (1) In general.--Not later than three years after the date
            of the enactment of this Act, the Secretary of Veterans Affairs,
            in collaboration with the Secretary of Defense, shall submit to
            Congress, veterans service organizations, and military support
            organizations a report on the findings of the study conducted
            under subsection (a).
                (2) Definitions.--In this subsection:
                        (A) The term ``military support organization'' has
                    the meaning given that term by the Secretary of Defense.
                        (B) The term ``veterans service organization'' means
                    an organization recognized by the Secretary of Veterans
                    Affairs for the representation of veterans under section
                    5902 of title 38, United States Code.
    SEC. 508. RESEARCH ON BRAIN HEALTH.

        There is authorized to be appropriated to the Department of Veterans
    Affairs an additional $5,000,000 for ongoing and future research at the
    Translational Research Center of the Department of Veterans Affairs for
    traumatic brain injury and stress disorders to provide better
    understanding of, and improved treatment options for, veterans who
    served in the Armed Forces after September 11, 2001, and who have
    traumatic brain injury or post-traumatic stress disorder.
    SEC. 509. STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR
                            POST-TRAUMATIC STRESS DISORDER.

        Not later than two years after the date of the enactment of this
    Act, the Secretary of Veterans Affairs, acting through the Office of
    Research and Development of the Department of Veterans Affairs, shall
    conduct a study on--
                (1) the efficacy of clinical and at-home resources, such as
            mobile applications like COVID Coach, for providers, veterans,
            caregivers, and family members to use for dealing with
            stressors;
                (2) the feasibility and advisability of developing more such
            resources;
                (3) strategies for improving mental health care and outcomes
            for veterans with post-traumatic stress disorder; and
                (4) best practices for helping family members of veterans
            deal with secondary post-traumatic stress disorder or mental
            health concerns.

    [[Page 136 STAT. 5518]]

       DIVISION W <<NOTE: Unleashing American Innovators Act of 2022.>> --
    UNLEASHING AMERICAN INNOVATORS ACT OF 2022
    SEC. 101. <<NOTE: 35 USC 1 note.>>  SHORT TITLE.

        This division may be cited as the ``Unleashing American Innovators
    Act of 2022''.
    SEC. 102. <<NOTE: 35 USC 1 note.>>  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

    [[Page 136 STAT. 5519]]

                    group of innovators that the Director may determine to
                    be underrepresented in patent filings.''.

        (b) <<NOTE: 35 USC 1 note.>>  Southeast Regional Office.--
                (1) <<NOTE: Deadline. Establishment.>>  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) <<NOTE: Deadline. Determination.>>  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. <<NOTE: 35 USC 1 note.>>  COMMUNITY OUTREACH OFFICES.

        (a) Establishment.--
                (1) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5520]]

                                    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. <<NOTE: 35 USC 2 note.>>  UPDATES TO THE PATENT PRO BONO
                            PROGRAMS.

        (a) Study and Updates.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  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

    [[Page 136 STAT. 5521]]

                              (vii) any other issue the Director determines
                          appropriate; and
                        (B) <<NOTE: Recommenda- tions.>>  make
                    recommendations for such administrative and legislative
                    action as may be appropriate.

        (b) <<NOTE: Update.>>  Use of Results.--Upon completion of the study
    required under subsection (a), the Director shall work with the Pro Bono
    Advisory Council, the operators of the patent pro bono programs, and
    intellectual property law associations across the United States to
    update the patent pro bono programs in response to the findings of the
    study.

        (c) Expansion of Income Eligibility.--
                (1) In general.--The Director shall work with and support,
            including by providing financial support to, existing patent pro
            bono programs and intellectual property law associations across
            the United States to expand eligibility for the patent pro bono
            programs to an individual living in a household, the gross
            household income of which is not more than 400 percent of the
            Federal poverty line.
                (2) Rule of construction.--Nothing in paragraph (1) may be
            construed to prevent a patent pro bono program from electing to
            establish a higher eligibility level, as compared to the level
            described in that paragraph.
    SEC. 106. <<NOTE: 35 USC 131 note.>>  PRE-PROSECUTION ASSESSMENT
                            PILOT PROGRAM.

        (a) <<NOTE: Deadline. Assessments.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Procedures.>>  procedures for referring
            prospective patent applicants to legal counsel, including
            through the patent pro bono programs; and
                (5) <<NOTE: Procedures.>>  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) <<NOTE: Determination.>>  Penalty for False Assertions.--In
    addition to any other penalty available under law, an entity that is
    found to have falsely

    [[Page 136 STAT. 5522]]

    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) <<NOTE: Deadline.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Recommenda- tions.>>  make
                    recommendations for such administrative and legislative
                    action as may be appropriate.

    [[Page 136 STAT. 5523]]

       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 <<NOTE: Continuity for Operators with Necessary Training
    Required for ATC Contract Towers Act of 2022.>> --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. <<NOTE: 5 USC 101 note.>>  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 <<NOTE: Computers for Veterans and Students Act of 2022.>> --
    COVS ACT
    SEC. 101. <<NOTE: 40 USC 101 note.>>  SHORT TITLE.

        This division may be cited as the ``Computers for Veterans and
    Students Act of 2022'' or the ``COVS Act''.
    SEC. 102. <<NOTE: 40 USC 549a note.>>  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

    [[Page 136 STAT. 5524]]

            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. <<NOTE: 40 USC 549a.>>  Donation of personal property
                      through nonprofit refurbishers

        ``(a) <<NOTE: Deadline. Transfer authority.>>  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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5525]]

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

    [[Page 136 STAT. 5526]]

                ``(3) establishing an efficient process for identifying
            eligible recipients; and
                ``(4) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5527]]

                              ``(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) <<NOTE: 40 USC prec. 501.>>  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.''.

    [[Page 136 STAT. 5528]]

                     DIVISION AA--FINANCIAL SERVICES MATTERS

                TITLE I--REGISTRATION FOR INDEX-LINKED ANNUITIES

    SEC. 101. <<NOTE: 15 USC 77s note.>>  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) <<NOTE: Deadlines.>>  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

    [[Page 136 STAT. 5529]]

            annuity, subject to conditions the Commission determines
            appropriate, which may include requiring the issuer to take the
            steps described in section 240.12h-7(e) of title 17, Code of
            Federal Regulations, or any successor regulation, with respect
            to the registered index-linked annuity.
                (2) Design of form.--In developing the form required to be
            established under paragraph (1), the Commission shall--
                        (A) design the form to ensure that a purchaser using
                    the form receives the information necessary to make
                    knowledgeable decisions, taking into account--
                              (i) the availability of information;
                              (ii) the knowledge and sophistication of that
                          class of purchasers;
                              (iii) the complexity of the registered index-
                          linked annuity; and
                              (iv) any other factor the Commission
                          determines appropriate;
                        (B) engage in investor testing; and
                        (C) incorporate the results of the testing required
                    under subparagraph (B) in the design of the form, with
                    the goal of ensuring that key information is conveyed in
                    terms that a purchaser is able to understand.

        (c) Treatment if Rules Not Prepared and Finalized in a Timely
    Manner.--
                (1) In general.--If, as of the date that is 18 months after
            the date of enactment of this Act, the Commission has failed to
            prepare and finalize the rules required under subsection (b)(1),
            any registered index-linked annuity may be registered on the
            form described in section 239.17b of title 17, Code of Federal
            Regulations, or any successor regulation.
                (2) Preparation.--A registration described in paragraph (1)
            shall be prepared pursuant to applicable provisions of the form
            described in that paragraph.
                (3) Termination.--This subsection shall terminate upon the
            establishment by the Commission of the form described in
            subsection (b).

        (d) Rules of Construction.--Nothing in this section may be construed
    to--
                (1) limit the authority of the Commission to--
                        (A) determine the information to be requested in the
                    form described in subsection (b); or
                        (B) extend the eligibility for the form described in
                    subsection (b) to a product that is similar to, but is
                    not, a registered index-linked annuity; or
                (2) preempt any State law, regulation, rule, or order.

    TITLE II <<NOTE: Masih Alinejad Harassment and Unlawful Targeting Act of
    2022.>> --MASIH ALINEJAD HUNT ACT OF 2022
    SEC. 201. <<NOTE: 22 USC 8501 note.>>  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''.

    [[Page 136 STAT. 5530]]

    SEC. 202. <<NOTE: 22 USC 8561.>>  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) <<NOTE: Jamshid Sharmand.>>  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) <<NOTE: Habib Chabi.>>  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

    [[Page 136 STAT. 5531]]

            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) <<NOTE: Masoud Molavi Vardanjani.>>  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) <<NOTE: Ruhollah Zam.>>  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) <<NOTE: Ali Javanmardi.>>  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) <<NOTE: Roya Hakakian.>>  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) <<NOTE: Ahmad Mola Nissi. Reza Kolahi Samadi.>>  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) <<NOTE: Salman Rushdie.>>  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

    [[Page 136 STAT. 5532]]

            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) <<NOTE: Fereydoun Farrokhzad.>>  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) <<NOTE: Ali Akbar Tabatabaei. Dawud Salahuddin.>>  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) <<NOTE: Shahriar Shafiq. Shapour Bakhtiar. Gholam Ali
            Oveissi.>>  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. <<NOTE: 22 USC 8562.>>  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)).

    [[Page 136 STAT. 5533]]

                (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. <<NOTE: 22 USC 8563.>>  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) <<NOTE: Assessment.>>  includes a detailed
                    description and assessment of--
                              (i) the state of human rights and the rule of
                          law inside Iran, including the treatment of
                          marginalized individuals and communities in Iran;
                              (ii) actions taken by the Government of Iran
                          during the year preceding submission of the report
                          to target and silence dissidents both inside and
                          outside of Iran who advocate for human rights
                          inside Iran;
                              (iii) the methods used by the Government of
                          Iran to target and silence dissidents both inside
                          and outside of Iran; and
                              (iv) the means through which the Government of
                          Iran finances efforts to target and silence
                          dissidents both inside and outside of Iran and the
                          amount of that financing;
                        (B) <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 5534]]

                (2) <<NOTE: Time period.>>  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) <<NOTE: Web posting.>>  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) <<NOTE: President.>>  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) <<NOTE: President.>>  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.

    [[Page 136 STAT. 5535]]

    SEC. 205. <<NOTE: 22 USC 8564.>>  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. <<NOTE: 22 USC 8565.>>  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) <<NOTE: President.>>  National Interests Waiver.--The President
    may waive the application of sanctions under section 204 with respect to
    a person if the President--
                (1) <<NOTE: Determination.>>  determines that the waiver is
            in the national interests of the United States; and
                (2) <<NOTE: Reports.>>  submits to the appropriate
            congressional committees a report on the waiver and the reasons
            for the waiver.

        (c) Implementation; Penalties.--
                (1) <<NOTE: President.>>  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.

    [[Page 136 STAT. 5536]]

    SEC. 207. <<NOTE: 22 USC 8566.>>  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) <<NOTE: Regulations. Payment.>>  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).

    [[Page 136 STAT. 5537]]

                        ``(B) Related actions.--The Secretary may pay awards
                    less than the amount described in paragraph (1)(A) for
                    related actions in which a whistleblower may be paid by
                    another whistleblower award program.
                ``(3) Source of awards.--
                        ``(A) In general.--There shall be established in the
                    Treasury of the United States a revolving fund to be
                    known as the Financial Integrity Fund (referred to in
                    this subsection as the `Fund').
                        ``(B) Use of fund.--The Fund shall be available to
                    the Secretary, without further appropriation or fiscal
                    year limitations, only for the payment of awards to
                    whistleblowers as provided in subsection (b).
                        ``(C) Restrictions on use of fund.--The Fund shall
                    not be available to pay any personnel or administrative
                    expenses.
                ``(4) Deposits and credits.--
                        ``(A) In general.--There shall be deposited into or
                    credited to the Fund an amount equal to--
                              ``(i) any monetary sanction collected by the
                          Secretary or Attorney General in any judicial or
                          administrative action under this title, chapter 35
                          or section 4305 or 4312 of title 50, or the
                          Foreign Narcotics Kingpin Designation Act (21
                          U.S.C. 1901 et seq.), unless the balance of the
                          Fund at the time the monetary sanction is
                          collected exceeds $300,000,000; and
                              ``(ii) all income from investments made under
                          paragraph (5).
                        ``(B) Additional amounts.--If the amounts deposited
                    into or credited to the Fund under subparagraph (A) are
                    not sufficient to satisfy an award made under this
                    subsection, there shall be deposited into or credited to
                    the Fund an amount equal to the unsatisfied portion of
                    the award from any monetary sanction collected by the
                    Secretary of the Treasury or Attorney General in the
                    covered judicial or administrative action on which the
                    award is based.
                        ``(C) Exception.--No amounts to be deposited or
                    transferred into the United States Victims of State
                    Sponsored Terrorism Fund pursuant to the Justice for
                    United States Victims of State Sponsored Terrorism Act
                    (34 U.S.C. 20144) or the Crime Victims Fund pursuant
                    section 1402 of the Victims of Crime Act of 1984 (34
                    U.S.C. 20101) shall be deposited into or credited to the
                    Fund.
                ``(5) Investments.--
                        ``(A) Amounts in fund may be invested.--The
                    Secretary of the Treasury may invest the portion of the
                    Fund that is not required to meet the current needs of
                    the Fund.
                        ``(B) Eligible investments.--Investments shall be
                    made by the Secretary of the Treasury in obligations of
                    the United States or obligations that are guaranteed as
                    to principal and interest by the United States, with
                    maturities suitable to the needs of the Fund as
                    determined by the Secretary.
                        ``(C) Interest and proceeds credited.--The interest
                    on, and the proceeds from the sale or redemption of, any

    [[Page 136 STAT. 5538]]

                    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

    [[Page 136 STAT. 5539]]

                          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.

    [[Page 136 STAT. 5540]]

                              ``(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 <<NOTE: Determination.>>  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--

    [[Page 136 STAT. 5541]]

                                                ``(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) <<NOTE: Time period.>>  if
                                    any person is offered securities in
                                    exchange for securities or assets of the
                                    eligible privately held company, such
                                    person will, prior to becoming legally
                                    bound to consummate the transaction,
                                    receive or have reasonable access to the
                                    most recent fiscal year-end financial
                                    statements of the issuer of the
                                    securities as customarily prepared by
                                    the management of the issuer in the
                                    normal course of operations and, if the
                                    financial statements of the issuer are
                                    audited, reviewed, or compiled, any
                                    related statement by the independent
                                    accountant, a balance sheet dated not
                                    more than 120 days before the date of
                                    the offer, and information pertaining to
                                    the management, business, results of
                                    operations for the period covered by the
                                    foregoing financial statements, and
                                    material loss contingencies of the
                                    issuer.
                              ``(v) Shell company.--The term `shell company'
                          means a company that at the time of a transaction
                          with an eligible privately held company--
                                        ``(I) has no or nominal operations;
                                    and
                                        ``(II) has--
                                                ``(aa) no or nominal assets;
                                                ``(bb) assets consisting
                                            solely of cash and cash
                                            equivalents; or
                                                ``(cc) assets consisting of
                                            any amount of cash and cash
                                            equivalents and nominal other
                                            assets.
                        ``(F) Inflation adjustment.--
                              ``(i) <<NOTE: Effective date. Time period.>>
                          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

    [[Page 136 STAT. 5542]]

                                    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) <<NOTE: 15 USC 78o note.>>  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

    [[Page 136 STAT. 5543]]

                                        ``(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.

    [[Page 136 STAT. 5544]]

                        ``(B) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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

    [[Page 136 STAT. 5545]]

                                                ``(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) <<NOTE: Applicability.>>  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 136 STAT. 5546]]

            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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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--

    [[Page 136 STAT. 5547]]

                              ``(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) <<NOTE: Applicability.>>  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.''.

    [[Page 136 STAT. 5548]]

        (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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 12 USC 1701q note.>>  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) <<NOTE: 12 USC 1701q note.>>  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.

    [[Page 136 STAT. 5549]]

      TITLE VII-- <<NOTE: Benjamin Berell Ferencz Congressional Gold Medal
    Act.>> BENJAMIN BERELL FERENCZ CONGRESSIONAL GOLD MEDAL
    SEC. 701. <<NOTE: 31 USC 5111 note.>>  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.

    [[Page 136 STAT. 5550]]

                (9) Since the 1970s, Ben has worked tirelessly to promote
            development of international mechanisms to outlaw and punish
            aggressive war and the crimes of genocide, crimes against
            humanity and war crimes. His efforts contributed to the
            establishment of the International Criminal Court and to the
            recognition of aggression as an international crime.
                (10) Ben is a tireless advocate for international criminal
            justice and the conviction that the rule of law offers the world
            a sustainable path to stem conflict and reach peaceful
            conclusions to geopolitical disputes. His unwavering goal has
            been ``to establish a legal precedent that would encourage a
            more humane and secure world in the future''.
                (11) Ben, at age 102, is still active, giving speeches
            throughout the world about lessons learned during his
            extraordinary career. He is compelled by the imperative to
            ``replace the rule of force with the rule of law'', promoting
            judicial mechanisms that can resolve conflict. He often tells
            young people to ``never give up'' because the fight for peace
            and justice is worth the long struggle ahead.
    SEC. 703. CONGRESSIONAL GOLD MEDAL.

        (a) Presentation Authorized.--The Speaker of the House of
    Representatives and the President pro tempore of the Senate shall make
    appropriate arrangements for the presentation, on behalf of the
    Congress, of a gold medal of appropriate design to Benjamin Berell
    Ferencz, in recognition of his service to the United States and
    international community during the post-World War II Nuremberg trials
    and lifelong advocacy for international criminal justice and rule of
    law.
        (b) Design and Striking.--For purposes of the presentation referred
    to in subsection (a), the Secretary of the Treasury (referred to in this
    title as the ``Secretary'') shall strike a gold medal with suitable
    emblems, devices, and inscriptions, to be determined by the Secretary.
    The design shall bear an image of, and inscription of the name of,
    Benjamin Berell Ferencz.
        (c) Disposition of Medal.--Following the award of the gold medal
    under subsection (a), the gold medal shall be given to Benjamin Berell
    Ferencz or, if unavailable, to his son, Donald Ferencz.
    SEC. 704. DUPLICATE MEDALS.

        (a) In General.--The Secretary may strike and sell duplicates in
    bronze of the gold medal struck pursuant to section 703, at a price
    sufficient to cover the cost thereof, including labor, materials, dies,
    use of machinery, and overhead expenses.
        (b) United States Holocaust Memorial Museum.--
                (1) In general.--The Secretary shall provide a duplicate
            bronze medal described under subsection (a) to the United States
            Holocaust Memorial Museum.
                (2) Sense of congress.--It is the sense of Congress that the
            United States Holocaust Memorial Museum should make the
            duplicate medal received under this subsection available for
            display to the public whenever the United States Holocaust
            Memorial Museum determines that such display is timely,
            feasible, and practical.

    [[Page 136 STAT. 5551]]

    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) <<NOTE: 42 USC 4016 note.>>  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. <<NOTE: 15 USC 1512 note.>>  MANUFACTURING.GOV HUB.

        (a) Definition.--In this section, the term ``Secretary'' means the
    Secretary of Commerce.
        (b) <<NOTE: Deadline. Website.>>  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''.

    [[Page 136 STAT. 5552]]

        (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. <<NOTE: 15 USC 2056f.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Examination. Assessment.>>  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

    [[Page 136 STAT. 5553]]

                        (B) <<NOTE: Regulations. Effective date.>>  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) <<NOTE: Deadline. Regulation.>>  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). <<NOTE: Effective date.>>  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;

    [[Page 136 STAT. 5554]]

                        (B) meets the requirements described in subsection
                    (c)(2);
                        (C) <<NOTE: Publication. Deadline.>>  is, or will
                    be, published not later than 60 days after the date of
                    enactment of this Act; and
                        (D) <<NOTE: Determination.>>  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) <<NOTE: Deadline. Determination.>>  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. <<NOTE: Effective date.>>
            The modified standard shall take effect after 180 days or such
            later date as the Commission deems appropriate.

        (f) Subsequent Rulemaking.--
                (1) <<NOTE: Effective date. Determination.>>  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) <<NOTE: Determination. Deadline.>>  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

    [[Page 136 STAT. 5555]]

                              (ii) <<NOTE: Determination. Deadline.>>
                          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. <<NOTE: 15 USC 45f.>>  COLLECTION, VERIFICATION, AND
                            DISCLOSURE OF INFORMATION BY ONLINE
                            MARKETPLACES TO INFORM CONSUMERS.

        (a) Collection and Verification of Information.--
                (1) <<NOTE: Deadlines.>>  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.

    [[Page 136 STAT. 5556]]

                                        (II) <<NOTE: Records.>>  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) <<NOTE: Deadlines.>>  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.

    [[Page 136 STAT. 5557]]

                (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) <<NOTE: Procedures. Compliance.>>  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

    [[Page 136 STAT. 5558]]

                          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) <<NOTE: Certifications.>>  In general.--Subject
                    to subparagraph (B), upon the request of a high-volume
                    third party seller, an online marketplace may provide
                    for partial disclosure of the identity information
                    required under paragraph (1)(B)(i) in the following
                    situations:
                              (i) If such seller certifies to the online
                          marketplace that the seller does not have a
                          business address and only has a residential street
                          address, or has a combined business and
                          residential address, the online marketplace may--
                                        (I) disclose only the country and,
                                    if applicable, the State in which such
                                    seller resides; and
                                        (II) inform consumers that there is
                                    no business address available for the
                                    seller and that consumer inquiries
                                    should be submitted to the seller by
                                    phone, email, or other means of
                                    electronic messaging provided to such
                                    seller by the online marketplace.
                              (ii) If such seller certifies to the online
                          marketplace that the seller is a business that has
                          a physical address for product returns, the online
                          marketplace may disclose the seller's physical
                          address for product returns.
                              (iii) <<NOTE: Certification.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5559]]

            reporting of suspicious marketplace activity to the online
            marketplace.
                (4) <<NOTE: Notice. Deadline. Suspension.>>  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) <<NOTE: Records.>>  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

    [[Page 136 STAT. 5560]]

            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

    [[Page 136 STAT. 5561]]

            (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal
            Regulations.
                (3) High-volume third party seller.--
                        (A) <<NOTE: Time periods.>>  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,

    [[Page 136 STAT. 5562]]

            which may include the use of one or more methods that enable the
            online marketplace to reliably determine that any information
            and documents provided are valid, corresponding to the seller or
            an individual acting on the seller's behalf, not
            misappropriated, and not falsified.

        (g) Relationship to State Laws.--No State or political subdivision
    of a State, or territory of the United States, may establish or continue
    in effect any law, regulation, rule, requirement, or standard that
    conflicts with the requirements of this section.
        (h) Effective Date.--This section shall take effect 180 days after
    the date of the enactment of this Act.

     TITLE IV--VIRGINIA GRAEME BAKER POOL AND SPA SAFETY ACT REAUTHORIZATION

    SEC. 401. COVERED ENTITY DEFINED.

        (a) In General.--Section 1403 of the Virginia Graeme Baker Pool and
    Spa Safety Act (15 U.S.C. 8002) is amended--
                (1) by redesignating paragraphs (4), (5), (6), (7), and (8)
            as paragraphs (6), (7), (8), (9), and (10), respectively; and
                (2) by inserting after paragraph (3) the following:
                ``(4) Covered entity.--The term `covered entity' means--
                        ``(A) a State; or
                        ``(B) an Indian Tribe.
                ``(5) Indian tribe.--The term `Indian Tribe' has the meaning
            given that term in section 4(e) of the Indian Self-Determination
            and Education Assistance Act (25 U.S.C. 5304(e)).''.

        (b) Technical Correction.--Paragraph (10) of section 1403 of the
    Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is
    amended by striking ``section 3(10) of the Consumer Product Safety Act
    (15 U.S.C. 2052(10))'' and inserting ``section 3(a) of the Consumer
    Product Safety Act (15 U.S.C. 2052(a))''.
    SEC. 402. SWIMMING POOL SAFETY GRANT PROGRAM.

        (a) In General.--Section 1405 of the Virginia Graeme Baker Pool and
    Spa Safety Act (15 U.S.C. 8004) is amended to read as follows:
    ``SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM.

        ``(a) In General.--Subject to the availability of appropriations
    authorized by subsection (e), the Commission shall carry out a grant
    program to provide assistance to eligible covered entities.
        ``(b) Eligibility.--To be eligible for a grant under the program, a
    covered entity shall--
                ``(1) demonstrate to the satisfaction of the Commission
            that, as of the date on which the covered entity submits an
            application to the Commission for a grant under this section,
            the covered entity has enacted and provides for the enforcement
            of a statute that--
                        ``(A) except as provided in section
                    1406(a)(1)(A)(i), applies to all swimming pools
                    constructed in the State or in the jurisdiction of the
                    Indian Tribe (as the case may be) on or after such date;
                    and

    [[Page 136 STAT. 5563]]

                        ``(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) <<NOTE: Determination.>>  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;

    [[Page 136 STAT. 5564]]

                ``(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 <<NOTE: Reporting Attacks from Nations Selected for Oversight
        and Monitoring Web Attacks and Ransomware from Enemies Act.>> --
    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 <<NOTE: 134 Stat. 837>>  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,

    [[Page 136 STAT. 5565]]

            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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Recommenda- tions.>>  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.

    [[Page 136 STAT. 5566]]

                          TITLE VI--TRAVEL AND TOURISM

    SEC. 600. <<NOTE: 15 USC 9801.>>  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 <<NOTE: Visit America Act.>> --Travel Promotion
    SEC. 601. <<NOTE: 15 USC 9801 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Visit America Act''.
    SEC. 602. <<NOTE: 15 USC 9802.>>  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. <<NOTE: 15 USC 9802 note.>>  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-- <<NOTE: 19 USC 2171 note.>>

    [[Page 136 STAT. 5567]]

                (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. <<NOTE: 15 USC 9803.>>  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;

    [[Page 136 STAT. 5568]]

                (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) <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 5569]]

                (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. <<NOTE: 15 USC 9804.>>  TRAVEL AND TOURISM STRATEGY.

        Not <<NOTE: Deadline. Time period.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Appointment.>>  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--

    [[Page 136 STAT. 5570]]

                ``(1) serve as the advisory body to the Secretary of
            Commerce on matters relating to the travel and tourism industry
            in the United States;
                ``(2) advise the Secretary of Commerce on government
            policies and programs that affect the United States travel and
            tourism industry;
                ``(3) offer counsel on current and emerging issues;
                ``(4) provide a forum for discussing and proposing solutions
            to problems related to the travel and tourism industry; and
                ``(5) provide advice regarding the domestic travel and
            tourism industry as an economic engine.

        ``(e) Recovery Strategies.--The Board shall assist the Assistant
    Secretary of Commerce for Travel and Tourism in the development and
    implementation of the recovery strategies required under section
    605(e)(1) of the Visit America Act.''.
    SEC. 608. <<NOTE: 15 USC 9805.>>  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. <<NOTE: 15 USC 9801 note.>>  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

    [[Page 136 STAT. 5571]]

                        (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) <<NOTE: Public information. Web posting.>>
            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) <<NOTE: Analysis.>>  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;

    [[Page 136 STAT. 5572]]

                        (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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Public information. Web posting.>>
            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

    [[Page 136 STAT. 5573]]

                (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. <<NOTE: California.>>  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) <<NOTE: Grants. Contracts.>>  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 136 STAT. 5574]]

    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. <<NOTE: 43 USC 776 note.>>  DEFINITION OF SECRETARY.

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

                 TITLE I--DEPARTMENT OF THE INTERIOR PROVISIONS

    SEC. 101. <<NOTE: 43 USC 1732 note.>>  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;

    [[Page 136 STAT. 5575]]

                (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-- <<NOTE: 118 Stat. 2375.>>
                        (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-- <<NOTE: 118 Stat. 2376.>>
                        (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'';

    [[Page 136 STAT. 5576]]

                        (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-- <<NOTE: 118 Stat. 2377.>>
                        (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, <<NOTE: 118 Stat. 2378.>>  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. <<NOTE: 43 USC 776.>>  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,

    [[Page 136 STAT. 5577]]

                    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--

    [[Page 136 STAT. 5578]]

                        (A) the Secretary; or
                        (B) the Secretary of Agriculture, acting through the
                    Chief of the Forest Service.

        (b) Cadastre of Federal Real Property.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Inventory.>>  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;

    [[Page 136 STAT. 5579]]

                        (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) <<NOTE: Implementation plan. Cost
                    estimate. Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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

    [[Page 136 STAT. 5580]]

                          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) <<NOTE: Web posting.>>  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) <<NOTE: Data.>>  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)--

    [[Page 136 STAT. 5581]]

                        (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.''.

    [[Page 136 STAT. 5582]]

        (b) Establishment.--Section 511(b) of the Land Between the Lakes
    Protection Act of 1998 (16 U.S.C. 460lll-11(b)) is amended by striking
    paragraph (3) and inserting the following:
                ``(3) Status of unit.--The Secretary shall administer the
            Recreation Area as a separate unit of the National Forest
            System.''.

        (c) Advisory Board.--Section 522 of the Land Between the Lakes
    Protection Act of 1998 (16 U.S.C. 460lll-22) is amended--
                (1) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``17'' and inserting ``13'';
                        (B) by striking paragraphs (4) and (5);
                        (C) in paragraph (3), by adding ``and'' after the
                    semicolon at the end; and
                        (D) by redesignating paragraph (6) as paragraph (4);
                (2) in subsection (c), by striking paragraph (2) and
            inserting the following:
                ``(2) Nonconsecutive terms.--Members of the Advisory Board
            may serve multiple terms, but may not serve consecutive
            terms.'';
                (3) in subsection (f)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``may advise'' and inserting ``shall advise'';
                        (B) in paragraph (1), by striking ``and'' after the
                    semicolon at the end;
                        (C) in paragraph (2), by striking the period at the
                    end and inserting a semicolon; and
                        (D) by adding at the end the following:
                ``(3) an annual work plan for recreation and environment
            education areas in the Recreation Area, including the heritage
            program, with the nonappropriated amounts in the Land Between
            the Lakes Management Fund;
                ``(4) an annual forest management and harvest plan for the
            Recreation Area; and
                ``(5) the Land Between the Lakes Management Fund.''; and
                (4) in subsection (g)--
                        (A) in paragraph (1), by striking ``biannually'' and
                    inserting ``twice each year'';
                        (B) in paragraph (3), by inserting ``, on a public
                    website of the Department of Agriculture,'' before ``and
                    by''; and
                        (C) by adding at the end the following:
                ``(4) <<NOTE: Public information. Web posting.>>  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,

    [[Page 136 STAT. 5583]]

    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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Consultation.>>  consult with
                    qualified residents or relatives in the management of
                    the historical resources of the Recreation Area.''.

    [[Page 136 STAT. 5584]]

        (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) <<NOTE: Determination.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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;

    [[Page 136 STAT. 5585]]

                        (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) <<NOTE: Evaluation.>>  evaluate the willingness
                    of landowners to sell or transfer land in the study area
                    to the Secretary;
                        (F) <<NOTE: Evaluation.>>  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. <<NOTE: South Dakota.>>  GILT EDGE MINE CONVEYANCE.

        (a) Definitions.--In this section
                (1) Federal land.--The term ``Federal land'' means all
            right, title, and interest of the United States in and to
            approximately 266 acres of National Forest System land within
            the Gilt Edge Mine Superfund Boundary, as generally depicted on
            the map.
                (2) Map.--The term ``map'' means the map entitled ``Gilt
            Edge Mine Conveyance Act'' and dated August 20, 2020.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.
                (4) State.--The term ``State'' means State of South Dakota.

        (b) Land Conveyance.--
                (1) In general.--Subject to the terms and conditions
            described in this section, if the State submits to the Secretary
            an offer to acquire the Federal land for the market value, as
            determined by the appraisal under paragraph (3), the Secretary
            shall convey the Federal land to the State.
                (2) Terms and conditions.--The conveyance under paragraph
            (1) shall be--
                        (A) subject to valid existing rights;
                        (B) made by quitclaim deed; and
                        (C) subject to any other terms and conditions as the
                    Secretary considers appropriate to protect the interests
                    of the United States.
                (3) Appraisal.--

    [[Page 136 STAT. 5586]]

                        (A) <<NOTE: Determination.>>  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--

    [[Page 136 STAT. 5587]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  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.--

    [[Page 136 STAT. 5588]]

                        (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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5589]]

            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) <<NOTE: Deadline.>>  Congressional Notification.--Not later than
    90 days after the date of any conveyance and patent to the University
    under this section, the Secretary shall notify the Committee on Energy
    and Natural Resources of the Senate and the Committee on Natural
    Resources of the House of Representatives of the land conveyed and
    patented.

        (h) No Effect on Alaska Statehood Act Entitlement.--Except for any
    available State-selected land conveyed under subsection (c) and charged
    against the remaining entitlement of the State under section 6(b) of
    Public Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
    U.S.C. note prec. 21)--
                (1) the operation of the program established under
            subsection (b) shall not diminish or alter the rights of the
            State to receive the entitlement of the State in any way; and
                (2) the State may continue to pursue the transfer of the
            remaining entitlement of the State under section 6(b) of Public
            Law 85-508 (commonly known as the ``Alaska Statehood Act'') (48
            U.S.C. note prec. 21) at any time.
    SEC. 303. BONNEVILLE SHORELINE TRAIL WILDERNESS BOUNDARY
                            ADJUSTMENTS.

        (a) Wilderness Area Included in Mount Olympus Wilderness.-- Section
    102(a) of the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat.
    1657; 16 U.S.C. 1132 note) is amended--
                (1) in paragraph (11), by striking ``and'' at the end;
                (2) in paragraph (12), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(13) certain lands in the Uinta-Wasatch-Cache National
            Forest which comprise approximately 326.27 acres as generally
            depicted on a map entitled the `Bonneville Shoreline Trail
            Legislative Map' dated July 9, 2020, are, subject to valid
            existing rights, hereby incorporated as part of the Mount
            Olympus Wilderness designated under paragraph (3).''.

        (b) Wilderness Boundary Adjustments.--
                (1) Mount naomi wilderness boundary adjustment.--
                        (A) Adjustment.--Section 102 of the Utah Wilderness
                    Act of 1984 (Public Law 98-428; 98 Stat. 1657; 16 U.S.C.
                    1132 note) is amended by adding at the end the
                    following:

    [[Page 136 STAT. 5590]]

        ``(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:

    [[Page 136 STAT. 5591]]

        ``(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) <<NOTE: Deadlines.>>  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

    [[Page 136 STAT. 5592]]

            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) <<NOTE: Deadline. Determination.>>  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. <<NOTE: Washington.>>  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) <<NOTE: Deadlines.>>  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;

    [[Page 136 STAT. 5593]]

                        (B) notwithstanding any other provision of law, made
                    without consideration;
                        (C) made by quitclaim deed;
                        (D) subject to a right-of-way and restrictive
                    easement reservation of a width to be determined by the
                    Secretary, for the protection of the Pacific Crest
                    National Scenic Trail;
                        (E) completed in accordance with the Forest Service
                    Facility Realignment and Enhancement Act of 2005 (16
                    U.S.C. 580d note; Public Law 109-54), except that
                    subsections (b) and (c) of section 504 of that Act shall
                    not apply;
                        (F) subject to right-of-way reservations made
                    pursuant to section 507 of the Federal Land Policy and
                    Management Act of 1976 (43 U.S.C. 1767);
                        (G) subject to the County managing a portion of the
                    land conveyed under subsection (b) for public
                    recreational purposes;
                        (H) subject to the County retaining ownership of the
                    land conveyed under subsection (b) in perpetuity; and
                        (I) subject to any other terms and conditions as the
                    Secretary determines appropriate.
                (2) Reversion.--The land conveyed under subsection (b)
            shall, at the discretion of the Secretary, revert to the United
            States if--
                        (A) the land is used in a manner that is
                    inconsistent with the use described in paragraph (1)(G);
                    or
                        (B) the County attempts to dispose of the land.

        (e) Federal Property Disposal.--Chapter 5 of subtitle I of title 40,
    United States Code, shall not apply to the conveyance under subsection
    (b).
        (f) Hazardous Materials.--With respect to the conveyance under
    subsection (b), the Secretary--
                (1) shall meet disclosure requirements for hazardous
            substances, pollutants, or contaminants under section 120(h) of
            the Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9620(h)); and
                (2) shall not otherwise be required to remediate or abate
            the hazardous substances, pollutants, or contaminants disclosed
            pursuant to paragraph (1).

        (g) Closing Costs.--As a condition for the conveyance under
    subsection (b), the County shall pay all closing costs associated with
    the conveyance, including for--
                (1) title insurance and title search; and
                (2) any applicable inspection fees, escrow fees, attorneys'
            fees, and recording fees.

        (h) Survey.--
                (1) <<NOTE: Determination.>>  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.

    [[Page 136 STAT. 5594]]

                (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) <<NOTE: Applicability.>>  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.

    [[Page 136 STAT. 5595]]

                        ``(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) <<NOTE: 16 USC 1274 note.>>  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)).

    [[Page 136 STAT. 5596]]

                (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.--

    [[Page 136 STAT. 5597]]

                        ``(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) <<NOTE: 16 USC 1274 note.>>  Management.--
                (1) Process.--The Housatonic River segments shall be managed
            in accordance with--
                        (A) the Management Plan; and
                        (B) such amendments to the Management Plan as the
                    Secretary determines are consistent with this section
                    and the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
                    seq.).
                (2) Comprehensive management plan.--The Management Plan
            shall be considered to satisfy the requirements for a
            comprehensive management plan under section 3(d) of the Wild and
            Scenic Rivers Act (16 U.S.C. 1274(d)).
                (3) Cooperative management.--
                        (A) In general.--To provide for long-term
                    protection, preservation, and enhancement of the
                    Housatonic River segments, the Secretary shall
                    coordinate management responsibilities under this
                    section, and may enter into cooperative agreements
                    pursuant to sections 10(e) and 11(b)(1) of the Wild and
                    Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)),
                    with--
                              (i) the State of Connecticut;
                              (ii) the towns of Sharon, Canaan, Cornwall,
                          Salisbury, New Milford, Kent, and North Canaan,
                          Connecticut; and
                              (iii) appropriate planning, environmental, and
                          recreational organizations, including--
                                        (I) local, regional, State, and
                                    multistate organizations; and

    [[Page 136 STAT. 5598]]

                                        (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:

    [[Page 136 STAT. 5599]]

                ``(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) <<NOTE: 16 USC 1276 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: 16 USC 1276 note.>>  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

    [[Page 136 STAT. 5600]]

                    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

    [[Page 136 STAT. 5601]]

                              ``(v) representatives of the private sector,
                          including any entity that holds a permit issued by
                          the Federal Energy Regulatory Commission.''.
    SEC. 503. <<NOTE: Ohio.>>  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. <<NOTE: Illinois. 54 USC 320101 note.>>  NEW
                            PHILADELPHIA NATIONAL HISTORIC SITE.

        (a) Definitions.--In this section:
                (1) Historic site.--The term ``historic site'' means the New
            Philadelphia National Historic Site established by subsection
            (b)(1).
                (2) State.--The term ``State'' means the State of Illinois.

        (b) Establishment of New Philadelphia National Historic Site.--
                (1) Establishment.--There is established in the State as a
            unit of the National Park System the New Philadelphia National
            Historic Site.
                (2) Purpose.--The purpose of the historic site is to
            protect, preserve, and interpret the historic resources
            associated with the town of New Philadelphia, the first town in
            the United States planned and legally registered by a free
            African American before the Civil War.
                (3) Boundary.--The historic site shall consist of the
            approximately 124.33 acres of land within the boundary generally
            depicted as ``Proposed Boundary'' on the map prepared by the
            National Park Service entitled ``New Philadelphia National
            Historic Site Proposed Boundary'', numbered 591/176,516, and
            dated July 2021.

        (c) Administration.--
                (1) In general.--The Secretary shall administer land within
            the boundary of the historic site in accordance with--
                        (A) this section; and
                        (B) the laws generally applicable to units of the
                    National Park System, including--
                              (i) section 100101(a), chapter 1003, and
                          sections 100751(a), 100752, 100753, and 102101 of
                          title 54, United States Code; and
                              (ii) chapter 3201 of title 54, United States
                          Code.
                (2) Cooperative agreements.--

    [[Page 136 STAT. 5602]]

                        (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) <<NOTE: Deadline.>>  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. <<NOTE: 54 USC 320301 note.>>  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

    [[Page 136 STAT. 5603]]

            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:

    [[Page 136 STAT. 5604]]

                ``(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. <<NOTE: 16 USC 459b-7 note.>>  CAPE COD NATIONAL
                            SEASHORE ADVISORY COMMISSION.

        Effective <<NOTE: Effective date.>>  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'';

    [[Page 136 STAT. 5605]]

                        (C) by inserting after subparagraph (A) (as so
                    designated) the following:
                        ``(B) Newtonia battlefield addition.--The boundary
                    of the Wilson's Creek National Battlefield is revised to
                    include the approximately 25 acres of land identified as
                    `Proposed Addition' on the map entitled `Wilson's Creek
                    National Battlefield Proposed Boundary Modification',
                    numbered 410/177,379, and dated July 2022.''; and
                        (D) by adding at the end the following:
                        ``(D) Errors.--The Secretary of the Interior may
                    correct any clerical or typographical error in a map
                    described in subparagraph (A) or (B).''; and
                (2) in paragraph (2)--
                        (A) by striking ``(2) The Secretary is authorized to
                    acquire the lands referred to in paragraph (1)'' and
                    inserting the following:
                ``(2) Method of acquisition.--The Secretary of the Interior
            may acquire the land described in subparagraphs (A) and (B) of
            paragraph (1)''; and
                        (B) in the second sentence, by striking ``the park''
                    and inserting ``Wilson's Creek National Battlefield''.
    SEC. 617. STE. GENEVIEVE NATIONAL HISTORICAL PARK BOUNDARY
                            REVISION.

        (a) Definitions.--Section 7134(a) of the Energy and Natural
    Resources Act of 2017 (as enacted into law by section 121(a)(2) of
    division G of the Consolidated Appropriations Act, 2018 (Public Law 115-
    141; 16 U.S.C. 410xxx(a)(3))) is amended--
                (1) in paragraph (3), by striking ``numbered 571/149,942,
            and dated December 2018'' and inserting ``numbered 571/177,464,
            and dated September 2021'';
                (2) by redesignating paragraphs (4) and (5) as paragraphs
            (5) and (6), respectively; and
                (3) by inserting after paragraph (3) the following:
                ``(4) Secretary.--The term `Secretary' means the Secretary
            of the Interior.''.

        (b) Authority To Correct Errors in Map.--Section 7134(d) of the
    Energy and Natural Resources Act of 2017 (as enacted into law by section
    121(a)(2) of division G of the Consolidated Appropriations Act, 2018
    (Public Law 115-141; 16 U.S.C. 410xxx(d))) is amended--
                (1) by striking ``The Map'' and inserting the following:
                ``(1) In general.--The Map''; and
                (2) by adding at the end the following:
                ``(2) Authority to correct errors.--The Secretary may
            correct any clerical or typographical errors in the Map.''.

        (c) Visitor Center and Administrative Facilities.--Section 7134(e)
    of the Energy and Natural Resources Act of 2017 (as enacted into law by
    section 121(a)(2) of division G of the Consolidated Appropriations Act,
    2018 (Public Law 115-141; 16 U.S.C. 410xxx(e))) is amended by adding at
    the end the following:
                ``(3) Visitor center.--The Secretary--
                        ``(A) may acquire, by donation, the land (including
                    any improvements to the land) owned by the city of Ste.
                    Genevieve, Missouri, and used as the visitor center for
                    the Historical Park, as generally depicted on the Map as
                    `Proposed Boundary Addition'; and

    [[Page 136 STAT. 5606]]

                        ``(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. <<NOTE: Illinois. 16 USC 410jjjj.>>  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--

    [[Page 136 STAT. 5607]]

                        (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) <<NOTE: Determination. Reimbursement.>>  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) <<NOTE: Deadline.>>  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.--

    [[Page 136 STAT. 5608]]

                              ``(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. <<NOTE: Virgin Islands. 16 USC 398 note.>>  INSTALLATION
                            OF PLAQUE COMMEMORATING SLAVE REBELLION ON
                            ST. JOHN.

        (a) <<NOTE: Deadline.>>  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.

    [[Page 136 STAT. 5609]]

                    Subtitle C--National Park Service Studies

    SEC. 631. <<NOTE: Ohio.>>  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) <<NOTE: Evaluation.>>  evaluate the national
                    significance of the study area;
                        (B) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  consult with interested
                    Federal agencies, State or local governmental entities,
                    private and nonprofit organizations, or any other
                    interested individuals; and
                        (E) identify cost estimates for any Federal
                    acquisition, development, interpretation, operation, and
                    maintenance associated with the alternatives described
                    in subparagraphs (B) and (C).
                (3) Study requirements.--The Secretary shall conduct the
            study in accordance with section 100507 of title 54, United
            States Code.
                (4) Report.--Not later than 18 months after the date on
            which funds are made available to carry out this section, the
            Secretary shall submit to the Committee on Natural Resources of
            the House of Representatives and the Committee on Energy and
            Natural Resources of the Senate a report that describes--
                        (A) the results of the study; and
                        (B) any recommendations of the Secretary.
    SEC. 632. DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.

        (a) <<NOTE: Oliver Toussaint Jackson.>>  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) <<NOTE: Evaluation.>>  evaluate the national
                    significance of the study area;
                        (B) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5610]]

                    Government, State or local government entities, or
                    private and nonprofit organizations;
                        (D) <<NOTE: Consultation.>>  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) <<NOTE: Tennessee. Wash Henley. Christopher Bender. Bud
    Whitfield. Thomas Moss. Will Stewart. Calvin McDowell. Lee
    Walker. Warner Williams. Daniel Hawkins. Robert Haynes. Edward
    Hall. John Hayes. Graham White. Ell Persons. Jesse Lee Bond. Elbert
    Williams.>>  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) <<NOTE: Evaluation.>>  evaluate the national
            significance of the study area;
                (2) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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.

    [[Page 136 STAT. 5611]]

        (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) <<NOTE: Evaluation.>>  evaluate the national
                    significance of the study area;
                        (B) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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. <<NOTE: Maryland.>>  ACQUISITION OF LAND FOR
                            ADMINISTRATIVE PURPOSES OF HISTORIC
                            PRESERVATION TRAINING CENTER.

        (a) Definitions.--In this section:

    [[Page 136 STAT. 5612]]

                (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. <<NOTE: 40 USC 8909 note.>>  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) <<NOTE: Disctict of Columbia.>>  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.

    [[Page 136 STAT. 5613]]

    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 <<NOTE: 54 USC prec. 308601.>> --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. <<NOTE: 54 USC 308601.>>  Definitions

        ``In this chapter:
                ``(1) Burial ground.--The term `burial ground' means any
            natural or prepared physical location, whether originally below,
            on, or above the surface of the earth, into which human remains
            are deposited as a part of the death rite or ceremony of a
            culture.
                ``(2) Historic.--The term `historic', with respect to a
            property, means a property that can reasonably be considered to
            date back at least 50 years.
                ``(3) Program.--The term `Program' means the United States
            African-American Burial Grounds Preservation Program established
            under section 308602(a).
    ``Sec. 308602. <<NOTE: 54 USC 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. <<NOTE: 54 USC 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;

    [[Page 136 STAT. 5614]]

                ``(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) <<NOTE: Time period.>>  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. <<NOTE: 54 USC 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. <<NOTE: 54 USC 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, <<NOTE: 54 USC prec. 100101.>>  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. <<NOTE: 54 USC note prec. 308101.>>  NORMAN Y. MINETA
                            JAPANESE AMERICAN CONFINEMENT EDUCATION
                            GRANTS.

        Public Law 109-441 (120 Stat. 3289) <<NOTE: 120 Stat. 3288.>>  is
    amended--
                (1) in section 2, <<NOTE: 120 Stat. 3289.>>  by adding at
            the end the following:
                ``(4) <<NOTE: Definition.>>  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

    [[Page 136 STAT. 5615]]

            commitment of the United States to equal justice under the law.
                ``(5) <<NOTE: Definition.>>  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-- <<NOTE: 120 Stat. 3290.>>
                        (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) <<NOTE: Determination.>>  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. <<NOTE: 54 USC note prec. 308101.>>  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;

    [[Page 136 STAT. 5616]]

                (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) <<NOTE: Determination.>>  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. <<NOTE: Ohio. 54 USC 320301 note.>>  DESIGNATION OF THE
                            KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL
                            AS A NATIONAL MEMORIAL.

        (a) Congressional Recognition.--Congress--

    [[Page 136 STAT. 5617]]

                (1) recognizes the significance of the Kol Israel Foundation
            Holocaust Memorial in preserving the memory of the 6,000,000
            Jews murdered by the Nazi regime and allies and collaborators of
            the Nazi regime; and
                (2) honors the life and legacy of the Holocaust survivors
            who erected the Kol Israel Foundation Holocaust Memorial.

        (b) Designation.--
                (1) In general.--The Kol Israel Foundation Holocaust
            Memorial located in Bedford Heights, Ohio, is designated as a
            national memorial.
                (2) Effect of designation.--
                        (A) In general.--The national memorial designated by
                    paragraph (1) is not a unit of the National Park System.
                        (B) Use of federal funds.--The designation of the
                    national memorial by paragraph (1) shall not require or
                    permit Federal funds to be expended for any purpose
                    relating to the national memorial.
    SEC. 702. <<NOTE: District of Columbia. 40 USC 8903 note.>>
                            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

    [[Page 136 STAT. 5618]]

            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 <<NOTE: Applicability.>>  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. <<NOTE: District of Columbia. 40 USC 8903 note.>>
                            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) <<NOTE: National Service Animals Monument Corporation.>>  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.

    [[Page 136 STAT. 5619]]

    SEC. 705. <<NOTE: District of Columbia. France. 40 USC 8903
                            note.>>  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. <<NOTE: Texas. 54 USC 320301 note.>>  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.

    [[Page 136 STAT. 5620]]

    SEC. 707. <<NOTE: District of Columbia. 40 USC 8903 note.>>
                            AUTHORIZATION TO ESTABLISH COMMEMORATIVE
                            WORK TO COMMEMORATE THE ENSLAVED
                            INDIVIDUALS WHO ENDURED THE MIDDLE
                            PASSAGE.

        (a) <<NOTE: Georgetown African American Historic Landmark Project
    and Tour.>>  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. <<NOTE: District of Columbia. 40 USC 8903 note.>>
                            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 136 STAT. 5621]]

    SEC. 709. <<NOTE: District of Columbia. 40 USC 8903 note.>>
                            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) <<NOTE: Thomas Paine Memorial Association.>>  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.

    [[Page 136 STAT. 5622]]

                            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,

    [[Page 136 STAT. 5623]]

    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. <<NOTE: Minnesota.>>  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. <<NOTE: South Carolina.>>  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. <<NOTE: Kansas.>>  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. <<NOTE: South Carolina.>>  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. <<NOTE: South Carolina.>>  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

    [[Page 136 STAT. 5624]]

    referred to in subsection (a) shall be deemed to be a reference to the
    ``Harriet Tubman Post Office Building''.
    SEC. 106. <<NOTE: Illinois.>>  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. <<NOTE: Illinois.>>  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. <<NOTE: Oklahoma.>>  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. <<NOTE: California.>>  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. <<NOTE: Wisconsin.>>  CAPTAIN ROBERT C. HARMON AND
                            PRIVATE JOHN R. PEIRSON POST OFFICE
                            BUILDING.

        (a) Designation.--The facility of the United States Postal Service
    located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall be
    known and designated as the ``Captain Robert C. Harmon and Private John
    R. Peirson Post Office Building''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the facility referred to
    in subsection (a) shall be deemed to be a reference to the ``Captain
    Robert C. Harmon and Private John R. Peirson Post Office Building''.
    SEC. 111. <<NOTE: Wisconsin.>>  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

    [[Page 136 STAT. 5625]]

    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. <<NOTE: Pennsylvania.>>  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. <<NOTE: Pennsylvania.>>  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. <<NOTE: Wisconsin.>>  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. <<NOTE: Wisconsin.>>  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. <<NOTE: California.>>  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. <<NOTE: California.>>  CHANGE OF ADDRESS FOR MARILYN
                            MONROE POST OFFICE.

        Section 1 of Public Law 116-80 <<NOTE: 133 Stat. 1178.>>  is amended
    to read as follows:

    [[Page 136 STAT. 5626]]

    ``SEC. 1. MARILYN MONROE POST OFFICE BUILDING.

        ``(a) Designation.--The facility of the United States Postal Service
    located at 15701 Sherman Way in Van Nuys, California, shall be known and
    designated as the `Marilyn Monroe Post Office Building'.
        ``(b) References.--Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the facility
    referred to in subsection (a) shall be deemed to be a reference to the
    `Marilyn Monroe Post Office Building'.''.
    SEC. 118. <<NOTE: Virginia.>>  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. <<NOTE: California.>>  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. <<NOTE: Illinois.>>  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. <<NOTE: California.>>  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,

    [[Page 136 STAT. 5627]]

    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. <<NOTE: California.>>  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. <<NOTE: California.>>  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. <<NOTE: New Mexico.>>  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 <<NOTE: Health Extenders, Improving Access to Medicare,
      Medicaid, and CHIP, and Strengthening Public Health Act of 2022.>> --
    HEALTH AND HUMAN SERVICES
    SEC. 1. <<NOTE: 42 USC 201 note.>>  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.

    [[Page 136 STAT. 5628]]

    Sec. 1102. Crisis response continuum of care.
    Sec. 1103. Suicide Prevention Lifeline Improvement.

     Chapter 2--Into the Light for Maternal Mental Health and Substance Use
                                    Disorders

    Sec. 1111. Screening and treatment for maternal mental health and
               substance use disorders.
    Sec. 1112. Maternal mental health hotline.
    Sec. 1113. Task force on maternal mental health.
    Sec. 1114. Residential treatment program for pregnant and postpartum
               women pilot program reauthorization.

        Chapter 3--Reaching Improved Mental Health Outcomes for Patients

    Sec. 1121. Innovation for mental health.
    Sec. 1122. Crisis care coordination.
    Sec. 1123. Treatment of serious mental illness.
    Sec. 1124. Study on the costs of serious mental illness.

                          Chapter 4--Anna Westin Legacy

    Sec. 1131. Maintaining education and training on eating disorders.

     Chapter 5--Community Mental Health Services Block Grant Reauthorization

    Sec. 1141. Reauthorization of block grants for community mental health
               services.

                Chapter 6--Peer-Supported Mental Health Services

    Sec. 1151. Peer-supported mental health services.

     Subtitle B--Substance Use Disorder Prevention, Treatment, and Recovery
                                    Services

                  Chapter 1--Native Behavioral Health Resources

    Sec. 1201. Behavioral health and substance use disorder resources for
               Native Americans.

          Chapter 2--Summer Barrow Prevention, Treatment, and Recovery

    Sec. 1211. Grants for the benefit of homeless individuals.
    Sec. 1212. Priority substance use disorder treatment needs of regional
               and national significance.
    Sec. 1213. Evidence-based prescription opioid and heroin treatment and
               interventions demonstration.
    Sec. 1214. Priority substance use disorder prevention needs of regional
               and national significance.
    Sec. 1215. Sober Truth on Preventing (STOP) Underage Drinking
               Reauthorization.
    Sec. 1216. Grants for jail diversion programs.
    Sec. 1217. Formula grants to States.
    Sec. 1218. Projects for Assistance in Transition From Homelessness.
    Sec. 1219. Grants for reducing overdose deaths.
    Sec. 1220. Opioid overdose reversal medication access and education
               grant programs.
    Sec. 1221. Emergency department alternatives to opioids.

                    Chapter 3--Excellence in Recovery Housing

    Sec. 1231. Clarifying the role of SAMHSA in promoting the availability
               of high-quality recovery housing.
    Sec. 1232. Developing guidelines for States to promote the availability
               of high-quality recovery housing.
    Sec. 1233. Coordination of Federal activities to promote the
               availability of recovery housing.
    Sec. 1234. National Academies of Sciences, Engineering, and Medicine
               study and report.
    Sec. 1235. Grants for States to promote the availability of recovery
               housing and services.
    Sec. 1236. Funding.
    Sec. 1237. Technical correction.

     Chapter 4--Substance Use Prevention, Treatment, and Recovery Services
                                   Block Grant

    Sec. 1241. Eliminating stigmatizing language relating to substance use.
    Sec. 1242. Authorized activities.

    [[Page 136 STAT. 5629]]

    Sec. 1243. State plan requirements.
    Sec. 1244. Updating certain language relating to Tribes.
    Sec. 1245. Block grants for substance use prevention, treatment, and
               recovery services.
    Sec. 1246. Requirement of reports and audits by States.
    Sec. 1247. Study on assessment for use of State resources.

               Chapter 5--Timely Treatment for Opioid Use Disorder

    Sec. 1251. Study on exemptions for treatment of opioid use disorder
               through opioid treatment programs during the COVID-19 public
               health emergency.
    Sec. 1252. Changes to Federal opioid treatment standards.

        Chapter 6--Additional Provisions Relating to Addiction Treatment

    Sec. 1261. Prohibition.
    Sec. 1262. Eliminating additional requirements for dispensing narcotic
               drugs in schedule III, IV, and V for maintenance or
               detoxification treatment.
    Sec. 1263. Requiring prescribers of controlled substances to complete
               training.
    Sec. 1264. Increase in number of days before which certain controlled
               substances must be administered.

                        Chapter 7--Opioid Crisis Response

    Sec. 1271. Opioid prescription verification.
    Sec. 1272. Synthetic opioid and emerging drug misuse danger awareness.
    Sec. 1273. Grant program for State and Tribal response to opioid use
               disorders.

              Subtitle C--Access to Mental Health Care and Coverage

       Chapter 1--Improving Uptake and Patient Access to Integrated Care
                                    Services

    Sec. 1301. Improving uptake and patient access to integrated care
               services.

             Chapter 2--Helping Enable Access to Lifesaving Services

    Sec. 1311. Reauthorization and provision of certain programs to
               strengthen the health care workforce.
    Sec. 1312. Reauthorization of minority fellowship program.

     Chapter 3--Eliminating the Opt-Out for Nonfederal Governmental Health
                                      Plans

    Sec. 1321. Eliminating the opt-out for nonfederal governmental health
               plans.

           Chapter 4--Mental Health and Substance Use Disorder Parity
                                 Implementation

    Sec. 1331. Grants to support mental health and substance use disorder
               parity implementation.

                         Subtitle D--Children and Youth

           Chapter 1--Supporting Children's Mental Health Care Access

    Sec. 1401. Technical assistance for school-based health centers.
    Sec. 1402. Infant and early childhood mental health promotion,
               intervention, and treatment.
    Sec. 1403. Co-occurring chronic conditions and mental health in youth
               study.
    Sec. 1404. Best practices for behavioral and mental health intervention
               teams.

               Chapter 2--Continuing Systems of Care for Children

    Sec. 1411. Comprehensive Community Mental Health Services for Children
               with Serious Emotional Disturbances.
    Sec. 1412. Substance Use Disorder Treatment and Early Intervention
               Services for Children and Adolescents.

              Chapter 3--Garrett Lee Smith Memorial Reauthorization

    Sec. 1421. Suicide prevention technical assistance center.
    Sec. 1422. Youth suicide early intervention and prevention strategies.
    Sec. 1423. Mental health and substance use disorder services for
               students in higher education.
    Sec. 1424. Mental and behavioral health outreach and education at
               institutions of higher education.

                       Chapter 4--Media and Mental Health

    Sec. 1431. Study on the effects of smartphone and social media use on
               adolescents.

    [[Page 136 STAT. 5630]]

    Sec. 1432. Research on the health and development effects of media and
               related technology on infants, children, and adolescents.

                      Subtitle E--Miscellaneous Provisions

    Sec. 1501. Limitations on authority.

    TITLE II--PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING NEW
                             THREATS, AND PANDEMICS

    Sec. 2001. Short title.

            Subtitle A--Strengthening Federal and State Preparedness

                Chapter 1--Federal Leadership and Accountability

    Sec. 2101. Appointment and authority of the Director of the Centers for
               Disease Control and Prevention.
    Sec. 2102. Advisory committee to the director of the centers for disease
               control and prevention.
    Sec. 2103. Public health and medical preparedness and response
               coordination.
    Sec. 2104. Office of Pandemic Preparedness and Response Policy.

                      Chapter 2--State and Local Readiness

    Sec. 2111. Improving State and local public health security.
    Sec. 2112. Supporting access to mental health and substance use disorder
               services during public health emergencies.
    Sec. 2113. Trauma care reauthorization.
    Sec. 2114. Assessment of containment and mitigation of infectious
               diseases.
    Sec. 2115. Consideration of unique challenges in noncontiguous States
               and territories.

     Subtitle B--Improving Public Health Preparedness and Response Capacity

             Chapter 1--Improving Public Health Emergency Responses

    Sec. 2201. Addressing factors related to improving health outcomes.

        Chapter 2--Improving State, Local, and Tribal Public Health Data

    Sec. 2211. Modernizing State, local, and Tribal biosurveillance
               capabilities and infectious disease data.
    Sec. 2212. Genomic sequencing, analytics, and public health surveillance
               of pathogens.
    Sec. 2213. Supporting State, local, and Tribal public health data.
    Sec. 2214. Epidemic forecasting and outbreak analytics.
    Sec. 2215. Public health data transparency.
    Sec. 2216. GAO report on public health preparedness, response, and
               recovery data capabilities.

               Chapter 3--Revitalizing the Public Health Workforce

    Sec. 2221. Improving recruitment and retention of the frontline public
               health workforce.
    Sec. 2222. Awards to support community health workers and community
               health.
    Sec. 2223. Improving public health emergency response capacity.
    Sec. 2224. Increasing educational opportunities for allied health
               professions.
    Sec. 2225. Public Health Service Corps annual and sick leave.
    Sec. 2226. Leadership exchange pilot for public health and medical
               preparedness and response positions at the Department of
               Health and Human Services.
    Sec. 2227. Continuing educational support for health professionals
               serving in rural and underserved communities.

          Chapter 4--Enhancing Public Health Preparedness and Response

    Sec. 2231. Centers for public health preparedness and response.
    Sec. 2232. Vaccine distribution plans.
    Sec. 2233. Coordination and collaboration regarding blood supply.
    Sec. 2234. Supporting laboratory capacity and international
               collaboration to address antimicrobial resistance.
    Sec. 2235. One Health framework.
    Sec. 2236. Supporting children during public health emergencies.

         Subtitle C--Accelerating Research and Countermeasure Discovery

    Chapter 1--Fostering Research and Development and Improving Coordination

    Sec. 2301. Research centers for pathogens of pandemic concern.

    [[Page 136 STAT. 5631]]

    Sec. 2302. Improving medical countermeasure research coordination.
    Sec. 2303. Accessing specimen samples and diagnostic tests.
    Sec. 2304. National Academies of Sciences, Engineering, and Medicine
               study on natural immunity in relation to the COVID-19
               pandemic.

                 Chapter 2--Improving Biosafety and Biosecurity

    Sec. 2311. Improving control and oversight of select biological agents
               and toxins.
    Sec. 2312. Strategy for Federal high-containment laboratories.
    Sec. 2313. National Science Advisory Board for Biosecurity.
    Sec. 2314. Research to improve biosafety.
    Sec. 2315. Federally-funded research with enhanced pathogens of pandemic
               potential.

      Chapter 3--Preventing Undue Foreign Influence in Biomedical Research

    Sec. 2321. Foreign talent recruitment programs.
    Sec. 2322. Securing identifiable, sensitive information and addressing
               other national security risks related to research.
    Sec. 2323. Duties of the Director.
    Sec. 2324. Protecting America's biomedical research enterprise.
    Sec. 2325. GAO Study.
    Sec. 2326. Report on progress to address undue foreign influence.

               Chapter 4--Advanced Research Projects Agency-Health

    Sec. 2331. Advanced Research Projects Agency-Health.

      Subtitle D--Modernizing and Strengthening the Supply Chain for Vital
                                Medical Products

    Sec. 2401. Warm base manufacturing capacity for medical countermeasures.
    Sec. 2402. Supply chain considerations for the Strategic National
               Stockpile.
    Sec. 2403. Strategic National Stockpile equipment maintenance.
    Sec. 2404. Improving transparency and predictability of processes of the
               Strategic National Stockpile.
    Sec. 2405. Improving supply chain flexibility for the Strategic National
               Stockpile.
    Sec. 2406. Reimbursement for certain supplies.
    Sec. 2407. Action reporting on stockpile depletion.
    Sec. 2408. Provision of medical countermeasures to Indian programs and
               facilities.
    Sec. 2409. Grants for State strategic stockpiles.
    Sec. 2410. Study on incentives for domestic production of generic
               medicines.
    Sec. 2411. Increased manufacturing capacity for certain critical
               antibiotic drugs.

      Subtitle E--Enhancing Development and Combating Shortages of Medical
                                    Products

                        Chapter 1--Development and Review

    Sec. 2501. Accelerating countermeasure development and review.
    Sec. 2502. Third party test evaluation during emergencies.
    Sec. 2503. Platform technologies.
    Sec. 2504. Increasing EUA decision transparency.
    Sec. 2505. Improving FDA guidance and communication.

                         Chapter 2--Mitigating Shortages

    Sec. 2511. Ensuring registration of foreign drug and device
               manufacturers.
    Sec. 2512. Extending expiration dates for certain drugs.
    Sec. 2513. Combating counterfeit devices.
    Sec. 2514. Preventing medical device shortages.
    Sec. 2515. Technical corrections.

                     TITLE III--FOOD AND DRUG ADMINISTRATION

    Sec. 3001. Short title.
    Sec. 3002. Definition.

                          Subtitle A--Reauthorizations

    Sec. 3101. Reauthorization of the critical path public-private
               partnership.
    Sec. 3102. Reauthorization of the best pharmaceuticals for children
               program.
    Sec. 3103. Reauthorization of the humanitarian device exemption
               incentive.
    Sec. 3104. Reauthorization of the pediatric device consortia program.
    Sec. 3105. Reauthorization of provision pertaining to drugs containing
               single enantiomers.
    Sec. 3106. Reauthorization of certain device inspections.
    Sec. 3107. Reauthorization of orphan drug grants.
    Sec. 3108. Reauthorization of reporting requirements related to pending
               generic drug applications and priority review applications.

    [[Page 136 STAT. 5632]]

    Sec. 3109. Reauthorization of third-party review program.

                         Subtitle B--Drugs and Biologics

         Chapter 1--Research, Development, and Competition Improvements

    Sec. 3201. Prompt reports of marketing status by holders of approved
               applications for biological products.
    Sec. 3202. Improving the treatment of rare diseases and conditions.
    Sec. 3203. Emerging technology program.
    Sec. 3204. National Centers of Excellence in Advanced and Continuous
               Pharmaceutical Manufacturing.
    Sec. 3205. Public workshop on cell therapies.
    Sec. 3206. Clarifications to exclusivity provisions for first
               interchangeable biosimilar biological products.
    Sec. 3207. GAO report on nonprofit pharmaceutical organizations.
    Sec. 3208. Rare disease endpoint advancement pilot program.
    Sec. 3209. Animal testing alternatives.
    Sec. 3210. Modernizing accelerated approval.
    Sec. 3211. Antifungal research and development.
    Sec. 3212. Advancing qualified infectious disease product innovation.
    Sec. 3213. Advanced manufacturing technologies designation program.

     Chapter 2--Transparency, Program Integrity, and Regulatory Improvements

    Sec. 3221. Safer disposal of opioids.
    Sec. 3222. Therapeutic equivalence evaluations.
    Sec. 3223. Public docket on proposed changes to third-party vendors.
    Sec. 3224. Enhancing access to affordable medicines.

                           Subtitle C--Medical Devices

    Sec. 3301. Dual submission for certain devices.
    Sec. 3302. Medical Devices Advisory Committee meetings.
    Sec. 3303. GAO report on third-party review.
    Sec. 3304. Certificates to foreign governments.
    Sec. 3305. Ensuring cybersecurity of medical devices.
    Sec. 3306. Bans of devices for one or more intended uses.
    Sec. 3307. Third party data transparency.
    Sec. 3308. Predetermined change control plans for devices.
    Sec. 3309. Small business fee waiver.

                           Subtitle D--Infant Formula

    Sec. 3401. Protecting infants and improving formula supply.

                              Subtitle E--Cosmetics

    Sec. 3501. Short title.
    Sec. 3502. Amendments to cosmetic requirements.
    Sec. 3503. Enforcement and conforming amendments.
    Sec. 3504. Records inspection.
    Sec. 3505. Talc-containing cosmetics.
    Sec. 3506. PFAS in cosmetics.
    Sec. 3507. Sense of the Congress on animal testing.
    Sec. 3508. Funding.

                      Subtitle F--Cross-Cutting Provisions

              Chapter 1--Clinical Trial Diversity and Modernization

    Sec. 3601. Diversity action plans for clinical studies.
    Sec. 3602. Guidance on diversity action plans for clinical studies.
    Sec. 3603. Public workshops to enhance clinical study diversity.
    Sec. 3604. Annual summary report on progress to increase diversity in
               clinical studies.
    Sec. 3605. Public meeting on clinical study flexibilities initiated in
               response to COVID-19 pandemic.
    Sec. 3606. Decentralized clinical studies.
    Sec. 3607. Modernizing clinical trials.

                             Chapter 2--Inspections

    Sec. 3611. Device inspections.
    Sec. 3612. Bioresearch monitoring inspections.
    Sec. 3613. Improving Food and Drug Administration inspections.
    Sec. 3614. GAO report on inspections of foreign establishments
               manufacturing drugs.

    [[Page 136 STAT. 5633]]

    Sec. 3615. Unannounced foreign facility inspections pilot program.
    Sec. 3616. Enhancing coordination and transparency on inspections.
    Sec. 3617. Enhancing transparency of drug facility inspection timelines.

                            Chapter 3--Miscellaneous

    Sec. 3621. Regulation of certain products as drugs.
    Sec. 3622. Women's Health Research Roadmap.
    Sec. 3623. Strategic workforce plan and report.
    Sec. 3624. Enhancing Food and Drug Administration hiring authority for
               scientific, technical, and professional personnel.
    Sec. 3625. Facilities management.
    Sec. 3626. User fee program transparency and accountability.
    Sec. 3627. Improving information technology systems of the Food and Drug
               Administration.
    Sec. 3628. Reporting on mailroom and Office of the Executive Secretariat
               of the Food and Drug Administration.
    Sec. 3629. Facilitating the use of real world evidence.
    Sec. 3630. Facilitating exchange of product information prior to
               approval.
    Sec. 3631. Streamlining blood donor input.

                          TITLE IV--MEDICARE PROVISIONS

                         Subtitle A--Medicare Extenders

    Sec. 4101. Extension of increased inpatient hospital payment adjustment
               for certain low-volume hospitals.
    Sec. 4102. Extension of the Medicare-Dependent Hospital program.
    Sec. 4103. Extension of add-on payments for ambulance services.

                 Subtitle B--Other Expiring Medicare Provisions

    Sec. 4111. Extending incentive payments for participation in eligible
               alternative payment models.
    Sec. 4112. Extension of support for physicians and other professionals
               in adjusting to Medicare payment changes.
    Sec. 4113. Advancing telehealth Beyond COVID-19.
    Sec. 4114. Revised phase-in of Medicare clinical laboratory test payment
               changes.

                  Subtitle C--Medicare Mental Health Provisions

    Sec. 4121. Coverage of marriage and family therapist services and mental
               health counselor services under part B of the Medicare
               program.
    Sec. 4122. Additional residency positions.
    Sec. 4123. Improving mobile crisis care in Medicare.
    Sec. 4124. Ensuring adequate coverage of outpatient mental health
               services under the Medicare program.
    Sec. 4125. Improvements to Medicare prospective payment system for
               psychiatric hospitals and psychiatric units.
    Sec. 4126. Exception for physician wellness programs.
    Sec. 4127. Consideration of safe harbor under the anti-kickback statute
               for certain contingency management interventions.
    Sec. 4128. Provider outreach and reporting on certain behavioral health
               integration services.
    Sec. 4129. Outreach and reporting on opioid use disorder treatment
               services furnished by opioid treatment programs.
    Sec. 4130. GAO study and report comparing coverage of mental health and
               substance use disorder benefits and non-mental health and
               substance use disorder benefits.

                      Subtitle D--Other Medicare Provisions

    Sec. 4131. Temporary inclusion of authorized oral antiviral drugs as
               covered part D drug.
    Sec. 4132. Restoration of CBO access to certain part D payment data.
    Sec. 4133. Medicare coverage of certain lymphedema compression treatment
               items.
    Sec. 4134. Permanent in-home benefit for IVIG services.
    Sec. 4135. Access to non-opioid treatments for pain relief.
    Sec. 4136. Technical amendments to Medicare separate payment for
               disposable negative pressure wound therapy devices.
    Sec. 4137. Extension of certain home health rural add-on payments.
    Sec. 4138. Remedying election revocations relating to administration of
               COVID-19 vaccines.
    Sec. 4139. Payment rates for durable medical equipment under the
               Medicare Program.
    Sec. 4140. Extending Acute Hospital Care at Home waivers and
               flexibilities.

    [[Page 136 STAT. 5634]]

    Sec. 4141. Extension of pass-through status under the Medicare program
               for certain devices impacted by COVID-19.
    Sec. 4142. Increasing transparency for home health payments under the
               Medicare program.
    Sec. 4143. Waiver of cap on annual payments for nursing and allied
               health education payments.

                     Subtitle E--Health Care Tax Provisions

    Sec. 4151. Extension of safe harbor for absence of deductible for
               telehealth.

                               Subtitle F--Offsets

    Sec. 4161. Reduction of Medicare Improvement Fund.
    Sec. 4162. Extension of adjustment to calculation of hospice cap amount
               under Medicare.
    Sec. 4163. Medicare direct spending reductions.

                      TITLE V--MEDICAID AND CHIP PROVISIONS

                             Subtitle A--Territories

    Sec. 5101. Medicaid adjustments for the territories.

                     Subtitle B--Medicaid and CHIP Coverage

    Sec. 5111. Funding extension of the Children's Health Insurance Program
               and related provisions.
    Sec. 5112. Continuous eligibility for children under Medicaid and CHIP.
    Sec. 5113. Modifications to postpartum coverage under Medicaid and CHIP.
    Sec. 5114. Extension of Money Follows the Person Rebalancing
               demonstration.
    Sec. 5115. Extension of Medicaid protections against spousal
               impoverishment for recipients of home and community-based
               services.

                   Subtitle C--Medicaid and CHIP Mental Health

    Sec. 5121. Medicaid and CHIP requirements for health screenings,
               referrals, and case management services for eligible
               juveniles in public institutions.
    Sec. 5122. Removal of limitations on Federal financial participation for
               inmates who are eligible juveniles pending disposition of
               charges.
    Sec. 5123. Requiring accurate, updated, and searchable provider
               directories.
    Sec. 5124. Supporting access to a continuum of crisis response services
               under Medicaid and CHIP.

       Subtitle D--Transitioning From Medicaid FMAP Increase Requirements

    Sec. 5131. Transitioning from Medicaid FMAP increase requirements.

                      Subtitle E--Medicaid Improvement Fund

    Sec. 5141. Medicaid improvement fund.

                            TITLE VI--HUMAN SERVICES

    Sec. 6101. Jackie Walorski Maternal and Child Home Visiting
               Reauthorization Act of 2022.
    Sec. 6102. Extension of Temporary Assistance for Needy Families Program.
    Sec. 6103. 1-year extension of child and family services programs.

     TITLE I <<NOTE: Restoring Hope for Mental Health and Well-Being Act of
    2022.>> --RESTORING HOPE FOR MENTAL HEALTH AND WELL-BEING
    SEC. 1001. <<NOTE: 42 USC 201 note.>>  SHORT TITLE.

        This title may be cited as the ``Restoring Hope for Mental Health
    and Well-Being Act of 2022''.

    [[Page 136 STAT. 5635]]

                 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. <<NOTE: 42 USC 290aa-0a.>>  BEHAVIORAL HEALTH CRISIS
                              COORDINATING OFFICE.

        ``(a) <<NOTE: Establishment.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 290aa-0a note.>>  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

    [[Page 136 STAT. 5636]]

    use disorders for use by health care providers, crisis services
    administrators, and crisis services providers in responding to
    individuals (including children and adolescents) experiencing mental
    health crises, substance-related crises, and crises arising from co-
    occurring disorders.
        (b) Best Practices.--
                (1) In general.--The best practices published under
            subsection (a) shall, as appropriate, address best practices
            related to crisis response services for the range of entities
            that furnish such services, taking into consideration such
            services that--
                        (A) do not require prior authorization from an
                    insurance provider or group health plan nor a referral
                    from a health care provider prior to the delivery of
                    services;
                        (B) provide for serving all individuals regardless
                    of age or ability to pay;
                        (C) provide for operating 24 hours a day, 7 days a
                    week;
                        (D) provide for care and support through resources
                    described in paragraph (2)(A) until the individual has
                    been stabilized or transferred to the next level of
                    crisis care; and
                        (E) address psychiatric stabilization, including
                    for--
                              (i) individuals screened over the phone, text,
                          and chat; and
                              (ii) individuals stabilized on the scene by
                          mobile teams.
                (2) Identification of functions.--The best practices
            published under subsection (a) shall consider the functions of
            the range of services in the crisis response continuum,
            including the following:
                        (A) Identification of resources for referral and
                    enrollment in continuing mental health, substance use,
                    or other human services relevant for the individual in
                    crisis where necessary.
                        (B) A description of access and entry points to
                    services within the crisis response continuum.
                        (C) Identification, as appropriate and consistent
                    with State laws, of any protocols and agreements for the
                    transfer and receipt of individuals to and from other
                    segments of the crisis response continuum segments as
                    needed, and from outside referrals, including health
                    care providers, first responders (including law
                    enforcement, paramedics, and firefighters), education
                    institutions, and community-based organizations.
                        (D) Description of the qualifications of the range
                    of crisis services staff, including roles for
                    physicians, licensed clinicians, case managers, and
                    peers (in accordance with State licensing requirements
                    or requirements applicable to Tribal health
                    professionals).
                        (E) The convening of collaborative meetings of
                    relevant crisis response system partners, such as crisis
                    response service providers, first responders (including
                    law enforcement, paramedics, and firefighters), and
                    community partners (including the National Suicide
                    Prevention Lifeline or 9-8-8 call centers, 9-1-1 public
                    service answering points, and local mental health and
                    substance use disorder treatment providers), operating
                    in a common region for

    [[Page 136 STAT. 5637]]

                    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) <<NOTE: Deadline. Publication.>>  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) <<NOTE: Deadline. Assessment. Determination.>>
            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. <<NOTE: Data.>>  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

    [[Page 136 STAT. 5638]]

                        (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) <<NOTE: Evaluation.>>  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) <<NOTE: Requirements.>>  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) <<NOTE: Public information.>>  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.''.

    [[Page 136 STAT. 5639]]

                (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) <<NOTE: Contracts.>>  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. <<NOTE: Privacy.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 290bb-36c note.>>  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) <<NOTE: Costs.>>  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

    [[Page 136 STAT. 5640]]

                        (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) <<NOTE: Recommenda- tions.>>  submit a report to
            Congress on the progress made on meeting the goals and
            objectives identified pursuant to paragraph (2)(A) of such
            section 520E-3(c) and recommendations on improving the program,
            including improvements to enhance data collection and usage.

        (d) GAO Study and Report.--
                (1) In general.--Not later than 2 years after the Secretary
            of Health and Human Services begins implementation of the plan
            required by section 520E-3(c) of the Public Health Service Act,
            as added by subsection (a)(2)(B), the Comptroller General of the
            United States shall--
                        (A) complete a study on the Suicide Prevention
                    Lifeline; and
                        (B) submit a report to the Congress on the results
                    of such study.
                (2) Content.--The study required by paragraph (1) shall
            include what is known about--
                        (A) the feasibility of routing calls to the Suicide
                    Prevention Lifeline to the nearest crisis center based
                    on the physical location of the contact;
                        (B) capacity of the Suicide Prevention Lifeline;
                        (C) State and regional variation with respect to
                    access to crisis centers described in section 520E-
                    3(b)(1) of the Public Health Service Act (42 U.S.C.
                    290bb-36c(b)(1)), including wait times, answer times,
                    hours of operation, and funding sources;
                        (D) the implementation of the plan under section
                    520E-3(c) of the Public Health Service Act, as added by
                    subsection (a)(2)(B), including the progress toward
                    meeting the goals and objectives in such plan; and
                        (E) the capacity of the Suicide Prevention Lifeline
                    to handle calls from individuals with limited English
                    proficiency.
                (3) Recommendations.--The report required by paragraph (1)
            shall include recommendations for improving the Suicide
            Prevention Lifeline, including recommendations for
            administrative actions.

        (e) <<NOTE: 42 USC 290bb-36c note.>>  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

    [[Page 136 STAT. 5641]]

                (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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5642]]

                    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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5643]]

    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. <<NOTE: 42 USC 280g-18.>>  MATERNAL MENTAL HEALTH
                                  HOTLINE.

        ``(a) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Consultations.>>  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

    [[Page 136 STAT. 5644]]

                ``(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) <<NOTE: Evaluation.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 290bb-31 note.>>  TASK FORCE ON MATERNAL
                              MENTAL HEALTH.

        (a) <<NOTE: Deadline.>>  Establishment.--Not later than 180 days
    after the date of enactment of this Act, the Secretary of Health and
    Human Services, for purposes of identifying, evaluating, and making
    recommendations to coordinate and improve Federal activities related to
    addressing maternal mental health conditions, shall--
                (1) establish a task force to be known as the Task Force on
            Maternal Mental Health (in this section referred to as the
            ``Task Force''); or
                (2) incorporate the duties, public meetings, and reports
            specified in subsections (c) through (f) into existing relevant
            Federal committees or working groups, such as the Maternal
            Health Interagency Policy Committee and the Maternal Health
            Working Group, as appropriate.

        (b) Membership.--
                (1) Composition.--The Task Force shall be composed of--
                        (A) the Federal members under paragraph (2); and
                        (B) the non-Federal members under paragraph (3).
                (2) Federal members.--The Federal members of the Task Force
            shall consist of the following heads of Federal departments and
            agencies (or their designees):
                        (A) The Assistant Secretary for Health of the
                    Department of Health and Human Services and the
                    Assistant Secretary for Mental Health and Substance Use,
                    who shall serve as co-chairs.
                        (B) The Assistant Secretary for Planning and
                    Evaluation of the Department of Health and Human
                    Services.
                        (C) The Assistant Secretary of the Administration
                    for Children and Families.
                        (D) The Director of the Centers for Disease Control
                    and Prevention.
                        (E) The Administrator of the Centers for Medicare &
                    Medicaid Services.
                        (F) The Administrator of the Health Resources and
                    Services Administration.
                        (G) The Director of the Indian Health Service.
                        (H) Such other Federal departments and agencies as
                    the Secretary determines appropriate that serve
                    individuals with maternal mental health conditions.

    [[Page 136 STAT. 5645]]

                (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

    [[Page 136 STAT. 5646]]

            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).

    [[Page 136 STAT. 5647]]

        (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) <<NOTE: Time period.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Recommenda- tions.>>  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.--

    [[Page 136 STAT. 5648]]

                (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. <<NOTE: 42 USC 290aa-0b.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Reports.>>  Responsibilities.--Not later than each of
    1 year and 5 years after the date of enactment of this section, the
    Committee shall submit to Congress and any other relevant Federal
    department or agency a report including--
                ``(1) <<NOTE: Summary.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Recommenda- tions.>>  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;

    [[Page 136 STAT. 5649]]

                        ``(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

    [[Page 136 STAT. 5650]]

                    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) <<NOTE: Grants. State and local
    governments. Territories. Native Americans.>>  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;

    [[Page 136 STAT. 5651]]

                ``(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) <<NOTE: Data.>>  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) <<NOTE: Data.>>  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) <<NOTE: Time period.>>  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)--

    [[Page 136 STAT. 5652]]

                              (i) by striking ``Indian tribe, tribal
                          organization'' and inserting ``Indian Tribe,
                          Tribal organization'';
                              (ii) in subparagraph (A), by striking ``and''
                          at the end;
                              (iii) in subparagraph (B)(ii), by striking the
                          period at the end and inserting ``; and''; and
                              (iv) by adding at the end the following:
                        ``(C) suicide intervention and prevention.'';
                        (D) in paragraph (6), by striking ``Indian tribe,
                    tribal organization'' and inserting ``Indian Tribe,
                    Tribal organization'';
                        (E) by redesignating paragraph (7) as paragraph (8);
                        (F) by inserting after paragraph (6) the following:
                ``(7) Technical assistance.--The Secretary may provide
            technical assistance to grantees in carrying out this section,
            which may include assistance with--
                        ``(A) program evaluation and related activities,
                    including related data collection and reporting;
                        ``(B) implementing and disseminating evidence-based
                    practices and programs; and
                        ``(C) facilitating collaboration among grantees.'';
                    and
                        (G) in paragraph (8), as so redesignated, by
                    striking ``$14,693,000 for each of fiscal years 2018
                    through 2022'' and inserting ``$24,963,000 for each of
                    fiscal years 2023 through 2027''.
                (2) Technical corrections.--Section 520J(b) of the Public
            Health Service Act (42 U.S.C. 290bb-41(b)) is amended--
                        (A) in the heading of paragraph (2), by striking
                    ``Emergency Services Personnel'' and inserting
                    ``Emergency services personnel''; and
                        (B) in the heading of paragraph (3), by striking
                    ``Distribution of Awards'' and inserting ``Distribution
                    of awards''.

        (c) Adult Suicide Prevention.--Section 520L of the Public Health
    Service Act (42 U.S.C. 290bb-43) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) by striking ``individuals who are 25 years
                          of age or older'' and inserting ``adult
                          individuals''; and
                              (ii) by inserting ``prevention'' after ``raise
                          awareness of suicide''; and
                        (B) in paragraph (2)--
                              (i) by striking ``Indian tribe'' each place it
                          appears and inserting ``Indian Tribe''; and
                              (ii) by striking ``tribal organization'' each
                          place it appears and inserting ``Tribal
                          organization''; and
                        (C) by amending paragraph (3)(C) to read as follows:
                        ``(C) Raising awareness of suicide prevention
                    resources and promoting help seeking among those at risk
                    for suicide.'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``; and'' and
                    inserting a semicolon;
                        (B) in paragraph (2), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:

    [[Page 136 STAT. 5653]]

                ``(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) <<NOTE: 42 USC 290aa-17.>>  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:

    [[Page 136 STAT. 5654]]

                ``(2) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5655]]

                (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) <<NOTE: Estimate.>>  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) <<NOTE: Public information.>>  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. <<NOTE: 42 USC 290bb-45.>>  CENTER OF EXCELLENCE FOR
                              EATING DISORDERS FOR EDUCATION AND
                              TRAINING ON EATING DISORDERS.

        ``(a) <<NOTE: Grants. Contracts.>>  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

    [[Page 136 STAT. 5656]]

    the `Center') to improve the identification of, interventions for, and
    treatment of eating disorders in a manner that is developmentally,
    culturally, and linguistically appropriate.

        ``(b) Subgrants and Subcontracts.--The Center shall coordinate and
    implement the activities under subsection (c), in whole or in part,
    which may include by awarding competitive subgrants or subcontracts--
                ``(1) across geographical regions; and
                ``(2) in a manner that is not duplicative.

        ``(c) Activities.--The Center--
                ``(1) shall--
                        ``(A) provide training and technical assistance,
                    including for--
                              ``(i) primary care and mental health providers
                          to carry out screening, brief intervention, and
                          referral to treatment for individuals
                          experiencing, or at risk for, eating disorders;
                          and
                              ``(ii) other paraprofessionals and relevant
                          individuals providing nonclinical community
                          services to identify and support individuals with,
                          or at disproportionate risk for, eating disorders;
                        ``(B) facilitate the development of, and provide
                    training materials to, health care providers (including
                    primary care and mental health professionals) regarding
                    the effective treatment and ongoing support of
                    individuals with eating disorders, including children
                    and marginalized populations at disproportionate risk
                    for eating disorders;
                        ``(C) <<NOTE: Coordination.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Consultation.>>  consult, as
                    appropriate, with the Secretary of Defense and the
                    Secretary of Veterans Affairs on prevention,
                    identification, intervention for, and treatment of
                    eating disorders.

    [[Page 136 STAT. 5657]]

        ``(d) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 300x-9 note.>>  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--

    [[Page 136 STAT. 5658]]

                        (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. <<NOTE: 42 USC 290bb-39.>>  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--

    [[Page 136 STAT. 5659]]

                        ``(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) <<NOTE: Time periods.>>  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.

    [[Page 136 STAT. 5660]]

                ``(2) <<NOTE: Determination.>>  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) <<NOTE: Contracts.>>  Delivery of funds.--On request
            from an Indian Tribe or Tribal organization, the Secretary,
            acting through the Assistant Secretary for Mental Health and
            Substance Use and in coordination with the Director of the
            Indian Health Service, may award funds under this section
            through a contract or compact under, as applicable, title I or V
            of the Indian Self-Determination and Education Assistance Act.

        ``(c) Technical Assistance and Program Evaluation.--
                ``(1) In general.--The Secretary shall--
                        ``(A) provide technical assistance to applicants and
                    awardees under this section; and
                        ``(B) in consultation with Indian Tribes and Tribal
                    organizations, conference with Urban Indian
                    organizations, and engagement with a Native Hawaiian
                    health organization, identify and establish appropriate
                    mechanisms for Indian Tribes and Tribal organizations,
                    Urban Indian organizations, and a Native Hawaiian health
                    organization to demonstrate outcomes and report data as
                    required for participation in the program under this
                    section.
                ``(2) Data submission and reporting.--As a condition of
            receipt of funds under this section, an applicant shall agree to
            submit program evaluation data and reports consistent with the
            data submission and reporting requirements developed under this
            subsection.

        ``(d) Consultation.--The Secretary shall, using an accountable
    process, consult with Indian Tribes and Tribal organizations, confer
    with Urban Indian organizations, and engage with a Native Hawaiian
    health organization regarding the development of funding allocations
    pursuant to subsection (b)(2) and program evaluation and reporting
    requirements pursuant to subsection (c). In establishing such
    requirements, the Secretary shall seek to minimize administrative burden
    for eligible entities, as practicable.
        ``(e) Application.--An entity desiring an award under subsection (b)
    shall submit an application to the Secretary at such time, in such
    manner, and accompanied by such information as the Secretary may
    reasonably require.
        ``(f) Report.--Not later than 3 years after the date of the
    enactment of the Restoring Hope for Mental Health and Well-Being Act of
    2022, the Secretary shall prepare and submit, to the Committee on
    Health, Education, Labor, and Pensions of the Senate, and the Committee
    on Energy and Commerce of the House of Representatives, a report
    describing the services provided pursuant to this section.
        ``(g) <<NOTE: Time periods.>>  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.''.

    [[Page 136 STAT. 5661]]

          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

    [[Page 136 STAT. 5662]]

                (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

    [[Page 136 STAT. 5663]]

                    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) <<NOTE: Summaries.>>  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) <<NOTE: Data.>>  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) <<NOTE: Data.>>  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 <<NOTE: Plan.>> 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).

    [[Page 136 STAT. 5664]]

                                        ``(VI) Evidence-based best practices
                                    to prevent and reduce underage drinking
                                    and provide treatment services to those
                                    youth who need such services.
                ``(2) Annual report on state underage drinking prevention
            and enforcement activities.--
                        ``(A) In general.--The Secretary shall, with input
                    and collaboration from other appropriate Federal
                    agencies, States, Indian Tribes, territories, and public
                    health, consumer, and alcohol beverage industry groups,
                    annually issue a report on each State's performance in
                    enacting, enforcing, and creating laws, regulations,
                    programs, and other actions to prevent or reduce
                    underage drinking based on the best practices identified
                    pursuant to paragraph (1)(F)(ii)(VI). For purposes of
                    this paragraph, each such report, with respect to a
                    year, shall be referred to as the `State Report'. Each
                    State Report may be used as a resource to inform the
                    identification and implementation of activities to
                    prevent underage drinking, as determined to be
                    appropriate by such State or other applicable entity.
                        ``(B) Contents.--
                              ``(i) Performance measures.--The Secretary
                          shall develop, in consultation with the Committee,
                          a set of measures to be used in preparing the
                          State Report on best practices, including as they
                          relate to State laws, regulations, other actions,
                          and enforcement practices.
                              ``(ii) <<NOTE: Updates.>>  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

    [[Page 136 STAT. 5665]]

                                    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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5666]]

                    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) <<NOTE: Review.>>  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) <<NOTE: Cost projections.>>  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 <<NOTE: Reports. Recommenda- tions.>>  Secretary shall
            report to Congress any such results and any related
            recommendations.
                ``(7) <<NOTE: Contracts.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Evaluation. Strategies.>>  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

    [[Page 136 STAT. 5667]]

                    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 <<NOTE: Time period.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5668]]

            providers and other related health professionals with
            demonstrated ability to increase among the members of such
            entities effective practices to reduce the prevalence of alcohol
            use among individuals under the age of 21, including college
            students.
                ``(2) Purposes.--Grants under this subsection shall be made
            to improve--
                        ``(A) screening adolescents for alcohol use;
                        ``(B) offering brief interventions to adolescents to
                    discourage such use;
                        ``(C) educating parents about the dangers of and
                    methods of discouraging such use;
                        ``(D) diagnosing and treating alcohol use disorders;
                    and
                        ``(E) referring patients, when necessary, to other
                    appropriate care.
                ``(3) Use of funds.--An entity receiving a grant under this
            section may use the grant funding to promote the practices
            specified in paragraph (2) among its members by--
                        ``(A) providing training to health care providers;
                        ``(B) disseminating best practices, including
                    culturally and linguistically appropriate best
                    practices, and developing and distributing materials;
                    and
                        ``(C) supporting other activities as determined
                    appropriate by the Assistant Secretary.
                ``(4) Application.--To be eligible to receive a grant under
            this subsection, an entity shall submit an application to the
            Assistant Secretary at such time, and in such manner, and
            accompanied by such information and assurances as the Secretary
            may require. Each application shall include--
                        ``(A) a description of the entity;
                        ``(B) a description of the activities to be
                    completed that will promote the practices specified in
                    paragraph (2);
                        ``(C) a description of the entity's qualifications
                    for performing such activities; and
                        ``(D) <<NOTE: Timeline.>>  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) <<NOTE: Time periods.>>  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:

    [[Page 136 STAT. 5669]]

                              ``(i) <<NOTE: Evaluation.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Reports.>>  report to the
                          Congress on the results of such review.
                        ``(B) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5670]]

                        (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) <<NOTE: Definition.>>  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).

    [[Page 136 STAT. 5671]]

                ``(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) <<NOTE: Protocols.>>  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

    [[Page 136 STAT. 5672]]

                    Secretary of Veterans Affairs regarding the provision of
                    information to prescribers within Department of Veterans
                    Affairs medical facilities on best practices for
                    prescribing or co-prescribing a drug or device approved,
                    cleared, or otherwise legally marketed under the Federal
                    Food, Drug, and Cosmetic Act for emergency treatment of
                    known or suspected opioid overdose, including for
                    patients receiving chronic opioid therapy and patients
                    being treated for opioid use disorders.
                ``(2) Rule of construction.--Nothing in this subsection
            shall be construed as establishing or contributing to a medical
            standard of care.''.
                (6) <<NOTE: Time periods.>>  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) <<NOTE: 42
                    USC 290dd-3 note.>>  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:

    [[Page 136 STAT. 5673]]

                ``(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) <<NOTE: Time periods.>>  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. <<NOTE: 42 USC 294i-1.>>  EMERGENCY DEPARTMENT
                              ALTERNATIVES TO OPIOIDS.

        Section 7091 of the SUPPORT for Patients and Communities Act (Public
    Law 115-271) <<NOTE: 42 USC 294i-1.>>  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

    [[Page 136 STAT. 5674]]

                (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) <<NOTE: Update.>>  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) <<NOTE: Public information.>>  made publicly
                    available; and
                        ``(B) <<NOTE: Web posting.>>  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--

    [[Page 136 STAT. 5675]]

                        (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) <<NOTE: Establishment.>>  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) <<NOTE: Plan.>>  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) <<NOTE: Time period.>>  Meetings.--The working group
            shall meet on a quarterly basis.
                ``(4) <<NOTE: Recommenda- tions.>>  Reports to congress.--
            Not later than 4 years after the date of the enactment of this
            section, the working group

    [[Page 136 STAT. 5676]]

            shall submit to the Committee on Health, Education, Labor, and
            Pensions, the Committee on Agriculture, Nutrition, and Forestry,
            and the Committee on Finance of the Senate and the Committee on
            Energy and Commerce, the Committee on Ways and Means, the
            Committee on Agriculture, and the Committee on Financial
            Services of the House of Representatives a report describing the
            work of the working group and any recommendations of the working
            group to improve Federal, State, and local coordination with
            respect to recovery housing and other housing resources and
            operations for individuals experiencing homelessness,
            individuals with a mental illness, and individuals with a
            substance use disorder.''.
    SEC. 1234. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
                              MEDICINE STUDY AND REPORT.

        (a) In General.--Not later than 60 days after the date of enactment
    of this Act, the Secretary of Health and Human Services, acting through
    the Assistant Secretary for Mental Health and Substance Use, shall--
                (1) <<NOTE: Contracts.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadlines. Web posting.>>  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--

    [[Page 136 STAT. 5677]]

                        ``(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), <<NOTE: 42
            USC 290ee-5a.>>  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'';

    [[Page 136 STAT. 5678]]

                (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) <<NOTE: Definition.>>  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

    [[Page 136 STAT. 5679]]

                (3) in clause (viii), as so redesignated, by striking
            ``disorders workforce'' and inserting ``disorders workforce,
            including with respect to prevention, treatment, and
            recovery,''.
    SEC. 1244. UPDATING CERTAIN LANGUAGE RELATING TO TRIBES.

        Section 1933(d) of the Public Health Service Act (42 U.S.C. 300x-
    33(d)) is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A)--
                              (i) by striking ``of an Indian tribe or tribal
                          organization'' and inserting ``of an Indian Tribe
                          or Tribal organization''; and
                              (ii) by striking ``such tribe'' and inserting
                          ``such Tribe'';
                        (B) in subparagraph (B)--
                              (i) by striking ``tribe or tribal
                          organization'' and inserting ``Tribe or Tribal
                          organization''; and
                              (ii) by striking ``Secretary under this'' and
                          inserting ``Secretary under this subpart''; and
                        (C) in the matter following subparagraph (B), by
                    striking ``tribe or tribal organization'' and inserting
                    ``Tribe or Tribal organization'';
                (2) by amending paragraph (2) to read as follows:
                ``(2) Indian tribe or tribal organization as grantee.--The
            amount reserved by the Secretary on the basis of a determination
            under this subsection shall be granted to the Indian Tribe or
            Tribal organization serving the individuals for whom such a
            determination has been made.'';
                (3) in paragraph (3), by striking ``tribe or tribal
            organization'' and inserting ``Tribe or Tribal organization'';
            and
                (4) in paragraph (4)--
                        (A) in the paragraph heading, by striking
                    ``Definition'' and inserting ``Definitions''; and
                        (B) by striking ``The terms'' and all that follows
                    through ``given such terms'' and inserting the
                    following: ``The terms `Indian Tribe' and `Tribal
                    organization' have the meanings given the terms `Indian
                    tribe' and `tribal organization' ''.
    SEC. 1245. BLOCK GRANTS FOR SUBSTANCE USE PREVENTION, TREATMENT,
                              AND RECOVERY SERVICES.

        (a) In General.--Section 1935(a) of the Public Health Service Act
    (42 U.S.C. 300x-35(a)), as amended by section 1241, is further amended
    by striking ``appropriated'' and all that follows through ``2022..'' and
    inserting the following: ``appropriated $1,908,079,000 for each of
    fiscal years 2023 through 2027.''.
        (b) Technical Corrections.--Section 1935(b)(1)(B) of the Public
    Health Service Act (42 U.S.C. 300x-35(b)(1)(B)) is amended by striking
    ``the collection of data in this paragraph is''.
    SEC. 1246. REQUIREMENT OF REPORTS AND AUDITS BY STATES.

        Section 1942(a) of the Public Health Service Act (42 U.S.C. 300x-
    52(a)) is amended--
                (1) in paragraph (1), by striking ``and'' at the end;
                (2) in paragraph (2), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(3) the amount provided to each recipient in the previous
            fiscal year.''.

    [[Page 136 STAT. 5680]]

    SEC. 1247. STUDY ON ASSESSMENT FOR USE OF STATE RESOURCES.

        (a) <<NOTE: Strategies.>>  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 <<NOTE: Estimates.>>  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) <<NOTE: District of Columbia. Territories.>>  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 <<NOTE: Time period.>> ) 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) <<NOTE: Publication.>>  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.

    [[Page 136 STAT. 5681]]

    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.-- <<NOTE: Deadline. 21 USC 823 note.>> 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. <<NOTE: 42 USC 238f note.>>  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.--

    [[Page 136 STAT. 5682]]

                (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) <<NOTE: Effective date.>>  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).

    [[Page 136 STAT. 5683]]

    SEC. 1263. REQUIRING PRESCRIBERS OF CONTROLLED SUBSTANCES TO
                              COMPLETE TRAINING.

        (a) In General.--Section 303 of the Controlled Substances Act (21
    U.S.C. 823) is amended by adding at the end the following:
        ``(l) Required Training for Prescribers.--
                ``(1) Training required.--As a condition on registration
            under this section to dispense controlled substances in schedule
            II, III, IV, or V, the Attorney General shall require any
            qualified practitioner, beginning with the first applicable
            registration for the practitioner, to meet the following:
                        ``(A) If the practitioner is a physician (as defined
                    under section 1861(r) of the Social Security Act) and
                    the practitioner meets one or more of the following
                    conditions:
                              ``(i) The physician holds a board
                          certification in addiction psychiatry or addiction
                          medicine from the American Board of Medical
                          Specialties.
                              ``(ii) The physician holds a board
                          certification from the American Board of Addiction
                          Medicine.
                              ``(iii) The physician holds a board
                          certification in addiction medicine from the
                          American Osteopathic Association.
                              ``(iv) The physician has, with respect to the
                          treatment and management of patients with opioid
                          or other substance use disorders, or the safe
                          pharmacological management of dental pain and
                          screening, brief intervention, and referral for
                          appropriate treatment of patients with or at risk
                          of developing opioid or other substance use
                          disorders, completed not less than 8 hours of
                          training (through classroom situations, seminars
                          at professional society meetings, electronic
                          communications, or otherwise) that is provided
                          by--
                                        ``(I) the American Society of
                                    Addiction Medicine, the American Academy
                                    of Addiction Psychiatry, the American
                                    Medical Association, the American
                                    Osteopathic Association, the American
                                    Dental Association, the American
                                    Association of Oral and Maxillofacial
                                    Surgeons, the American Psychiatric
                                    Association, or any other organization
                                    accredited by the Accreditation Council
                                    for Continuing Medical Education (ACCME)
                                    or the Commission for Continuing
                                    Education Provider Recognition (CCEPR);
                                        ``(II) any organization accredited
                                    by a State medical society accreditor
                                    that is recognized by the ACCME or the
                                    CCEPR;
                                        ``(III) any organization accredited
                                    by the American Osteopathic Association
                                    to provide continuing medical education;
                                    or
                                        ``(IV) any organization approved by
                                    the Assistant Secretary for Mental
                                    Health and Substance Use, the ACCME, or
                                    the CCEPR.
                              ``(v) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5684]]

                          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) <<NOTE: Time periods.>>  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) <<NOTE: Deadline.>>  Notification.--Not later
                    than 90 days after the date of the enactment of the
                    Restoring Hope for Mental

    [[Page 136 STAT. 5685]]

                    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) <<NOTE: Assessment.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5686]]

            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 <<NOTE: Deadline.>>  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) <<NOTE: Update.>>  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. <<NOTE: 42 USC 290bb-25g note.>>  SYNTHETIC OPIOID AND
                              EMERGING DRUG MISUSE DANGER AWARENESS.

        (a) <<NOTE: Deadline.>>  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;

    [[Page 136 STAT. 5687]]

                (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 <<NOTE: Update.>>  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) <<NOTE: Effective date. Time period.>>  In general.--The
            Secretary shall ensure that the campaign implemented under
            subsection (a) is subject to an independent evaluation,
            beginning 2 years after the date of enactment of this Act, and 2
            years thereafter.
                (2) Measures and benchmarks.--For purposes of an evaluation
            conducted pursuant to paragraph (1), the Secretary shall--
                        (A) establish baseline measures and benchmarks to
                    quantitatively evaluate the impact of the campaign under
                    this section; and
                        (B) <<NOTE: Assessments.>>  conduct qualitative
                    assessments regarding the effectiveness of strategies
                    employed under this section.

        (g) <<NOTE: Effective date.>>  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 <<NOTE: Plan.>>  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

    [[Page 136 STAT. 5688]]

    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) <<NOTE: Deadlines.>>  Training Guide and Outreach on Synthetic
    Opioid Exposure Prevention.--
                (1) <<NOTE: Publication. Public information. Web posting.>>
            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. <<NOTE: 42 USC 290ee-3a.>>  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.--

    [[Page 136 STAT. 5689]]

                        ``(A) <<NOTE: Time period.>>  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) <<NOTE: Assessments.>>
                                    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) <<NOTE: Deadline.>>  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) <<NOTE: Assessments.>>  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.

    [[Page 136 STAT. 5690]]

                ``(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

    [[Page 136 STAT. 5691]]

            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) <<NOTE: Summary.>>  Report to Congress.--Not later than
    September 30, 2024, and biennially thereafter, the Secretary shall
    submit to the Committee on Health, Education, Labor, and Pensions of the
    Senate and the Committee on Energy and Commerce of the House of
    Representatives, and the Committees on Appropriations of the House of
    Representatives and the Senate, a report that includes a summary of the
    information provided to the Secretary in reports made pursuant to
    subsections (c) and (d), including--
                ``(1) the purposes for which grant funds are awarded under
            this section;
                ``(2) the activities of the grant recipients; and
                ``(3) each entity that receives a grant under this section,
            including the funding level provided to such recipient.

        ``(g) Technical Assistance.--The Secretary, including through the
    Tribal Training and Technical Assistance Center of the Substance Abuse
    and Mental Health Services Administration, as applicable, shall provide
    entities described in subsection (b)(1) with technical assistance
    concerning grant application and submission procedures under this
    section, award management activities, and enhancing outreach and direct
    support to rural and underserved communities and providers in addressing
    substance use disorders.
        ``(h) Definitions.--In this section:
                ``(1) Indian tribe.--The term `Indian Tribe' has the meaning
            given the term `Indian tribe' in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
                ``(2) Tribal organization.--The term `Tribal organization'
            has the meaning given the term `tribal organization' in section
            4 of the Indian Self-Determination and Education Assistance Act
            (25 U.S.C. 5304).
                ``(3) State.--The term `State' has the meaning given such
            term in section 1954(b) of the Public Health Service Act (42
            U.S.C. 300x-64(b)).
                ``(4) Urban indian organization.--The term `Urban Indian
            organization' has the meaning given such term in section 4 of
            the Indian Health Care Improvement Act.

        ``(i) Authorization of Appropriations.--
                ``(1) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5692]]

                ``(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--

    [[Page 136 STAT. 5693]]

                        ``(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

    [[Page 136 STAT. 5694]]

                              ``(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) <<NOTE: Summary.>>  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) <<NOTE: Contracts. Plan.>>  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) <<NOTE: Plan.>>  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) <<NOTE: Allocations.>>  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.

    [[Page 136 STAT. 5695]]

        ``(e) Duration.--A grant or cooperative agreement under this section
    shall be for a period not to exceed 5 years.
        ``(f) Report on Program Outcomes.--An eligible entity receiving a
    grant or cooperative agreement under this section shall submit an annual
    report to the Secretary. Such annual report shall include--
                ``(1) the progress made to reduce barriers to integrated
            care as described in the entity's application under subsection
            (c);
                ``(2) a description of outcomes with respect to each special
            population listed in subsection (a)(4), including outcomes
            related to education, employment, and housing, or, as applicable
            and appropriate, outcomes for such populations receiving
            behavioral health care through the psychiatric collaborative
            care model in primary care practices; and
                ``(3) progress in meeting performance metrics and other
            relevant benchmarks; and
                ``(4) such other information that the Secretary may require.

        ``(g) Technical Assistance for Primary-behavioral Health Care
    Integration.--
                ``(1) Certain recipients.--The Secretary may provide
            appropriate information, training, and technical assistance to
            eligible entities that receive a grant or cooperative agreement
            under subsection (b)(2), in order to help such entities meet the
            requirements of this section, including assistance with--
                        ``(A) development and selection of integrated care
                    models;
                        ``(B) dissemination of evidence-based interventions
                    in integrated care;
                        ``(C) establishment of organizational practices to
                    support operational and administrative success; and
                        ``(D) as appropriate, appropriate information,
                    training, and technical assistance in implementing the
                    psychiatric collaborative care model when an eligible
                    entity is collaborating with 1 or more primary care
                    practices for the purposes of implementing the
                    psychiatric collaborative care model.
                ``(2) Additional dissemination of technical information.--In
            addition to providing the assistance described in paragraph (1)
            to recipients of a grant or cooperative agreement under this
            section, the Secretary may also provide such assistance to other
            States and political subdivisions of States, Indian Tribes and
            Tribal organizations, as those terms are defined in section 4 of
            the Indian Self-Determination and Education Assistance Act,
            outpatient mental health and addiction treatment centers,
            community mental health centers that meet the criteria under
            section 1913(c), certified community behavioral health clinics
            described in section 223 of the Protecting Access to Medicare
            Act of 2014, primary care organizations such as Federally
            qualified health centers or rural health clinics as defined in
            section 1861(aa) of the Social Security Act, primary health care
            practices, the community-based organizations, and other entities
            engaging in integrated care activities, as the Secretary
            determines appropriate.

        ``(h) <<NOTE: Summary.>>  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

    [[Page 136 STAT. 5696]]

    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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5697]]

                        (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.

    [[Page 136 STAT. 5698]]

                              ``(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) <<NOTE: Effective date. Compliance.>>  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) <<NOTE: Time periods.>>  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.

    [[Page 136 STAT. 5699]]

                         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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Grants. Contracts.>>  Technical Assistance.--The
    Secretary may, directly or by awarding grants or contracts to public and
    private nonprofit entities, provide training and technical assistance to
    eligible entities to carry out activities described in subsection
    (d).''; and
                (3) in subsection (g) (as redesignated by paragraph (1)), by
            striking ``$20,000,000 for the period of fiscal years 2018
            through 2022'' and inserting ``$50,000,000 for the period of
            fiscal years 2023 through 2027''.
    SEC. 1403. CO-OCCURRING CHRONIC CONDITIONS AND MENTAL HEALTH IN
                              YOUTH STUDY.

        Not later than 12 months after the date of enactment of this Act,
    the Secretary of Health and Human Services shall--
                (1) complete a study on the rates of suicidal behaviors
            among children and adolescents with chronic illnesses, including
            substance use disorders, autoimmune disorders, and heritable
            blood disorders; and
                (2) <<NOTE: Reports. Recommenda- tions. Strategies.>>
            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.

    [[Page 136 STAT. 5700]]

    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. <<NOTE: 42 USC 290bb-39a.>>  BEST PRACTICES FOR
                                  BEHAVIORAL AND MENTAL HEALTH
                                  INTERVENTION TEAMS.

        ``(a) <<NOTE: Reports.>>  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) <<NOTE: Assessment.>>  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

    [[Page 136 STAT. 5701]]

            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) <<NOTE: Web posting.>>  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--

    [[Page 136 STAT. 5702]]

                (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)--

    [[Page 136 STAT. 5703]]

                        (A) in paragraph (1), by inserting ``pediatric
                    health programs,'' after ``foster care systems,'';
                        (B) in paragraph (7), by inserting ``pediatric
                    health programs,'' after ``foster care systems,'';
                        (C) in paragraph (9), by inserting ``pediatric
                    health programs,'' after ``educational institutions,'';
                        (D) in paragraph (13), by striking ``and'' at the
                    end;
                        (E) in paragraph (14), by striking the period at the
                    end and inserting ``; and''; and
                        (F) by adding at the end the following:
                ``(15) provide to parents, legal guardians, and family
            members of youth, supplies to securely store means commonly used
            in suicide, if applicable, within the household.'';
                (6) in subsection (d)--
                        (A) in the heading, by striking ``Direct Services''
                    and inserting ``Suicide Prevention Activities''; and
                        (B) by striking ``direct services, of which not less
                    than 5 percent shall be used for activities authorized
                    under subsection (a)(3)'' and inserting ``suicide
                    prevention activities'';
                (7) in subsection (e)(3)(A), by inserting ``and the
            Department of Education, as appropriate'' after ``agencies and
            suicide working groups'';
                (8) in subsection (g)--
                        (A) in paragraph (1), by striking ``18'' and
                    inserting ``24''; and
                        (B) in paragraph (2), by striking ``2 years after
                    the date of enactment of Helping Families in Mental
                    Health Crisis Reform Act of 2016'' and inserting
                    ``December 31, 2025'';
                (9) in subsection (l)(4), by striking ``between 10 and 24
            years of age'' and inserting ``up to 24 years of age''; and
                (10) in subsection (m), by striking ``$30,000,000 for each
            of fiscal years 2018 through 2022'' and inserting ``$40,000,000
            for each of fiscal years 2023 through 2027''.
    SEC. 1423. MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES FOR
                              STUDENTS IN HIGHER EDUCATION.

        Section 520E-2 of the Public Health Service Act (42 U.S.C. 290bb-
    36b) is amended--
                (1) in the heading, by striking ``on campus'' and inserting
            ``for students in higher education'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``mental and
                    substance use disorders'' and inserting ``mental health
                    and substance use disorders and promote resiliency'';
                        (B) in paragraph (4), by striking ``mental and
                    substance use disorder services.'' and inserting
                    ``mental health and substance use disorder resources and
                    services.'';
                        (C) in paragraph (5), by striking ``mental and
                    substance use'' and inserting ``mental health and
                    substance use'';
                        (D) in paragraph (6), by striking ``staff to respond
                    effectively to students with mental and substance use
                    disorders.'' and inserting ``staff to recognize and
                    respond effectively and appropriately to students
                    experiencing mental health and substance use
                    disorders.'';

    [[Page 136 STAT. 5704]]

                        (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) <<NOTE: Assessment.>>  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

    [[Page 136 STAT. 5705]]

                (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) <<NOTE: Public information.>>  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. <<NOTE: 42 USC 285g-11.>>  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) <<NOTE: Assessment.>>  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 <<NOTE: Assessment.>>
    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

    [[Page 136 STAT. 5706]]

            and related technology on infants, children, and adolescents in
            accordance with this section; and
                (2) <<NOTE: Summary.>>  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. <<NOTE: 42 USC 290aa-18.>>  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-- <<NOTE: Prepare for and Respond to Existing Viruses, Emerging
       New Threats, and Pandemics Act.>> PREPARING FOR AND RESPONDING TO
    EXISTING VIRUSES, EMERGING NEW THREATS, AND PANDEMICS
    SEC. 2001. <<NOTE: 42 USC 201 note.>>  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. <<NOTE: 42 USC 242c.>>  APPOINTMENT AND AUTHORITY OF
                            THE DIRECTOR OF THE CENTERS FOR DISEASE
                            CONTROL AND PREVENTION.

        ``(a) <<NOTE: President.>>  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.

    [[Page 136 STAT. 5707]]

        ``(b) Functions.--The Secretary, acting through the Director,
    shall--
                ``(1) implement and exercise applicable authorities and
            responsibilities provided for in this Act or other applicable
            law related to the investigation, detection, identification,
            prevention, or control of diseases or conditions to preserve and
            improve public health domestically and globally and address
            injuries and occupational and environmental hazards, as
            appropriate;
                ``(2) be responsible for the overall direction of the CDC
            and for the establishment and implementation of policies related
            to the management and operation of programs and activities
            within the CDC;
                ``(3) coordinate and oversee the operation of centers,
            institutes, and offices within the CDC;
                ``(4) support, in consultation with the heads of such
            centers, institutes, and offices, program coordination across
            such centers, institutes, and offices, including through
            priority setting reviews and the development of strategic plans,
            to reduce unnecessary duplication and encourage collaboration
            between programs;
                ``(5) oversee the development, implementation, and updating
            of the strategic plan established pursuant to subsection (c);
                ``(6) ensure that appropriate strategic planning, including
            the use of performance metrics, is conducted by such centers,
            institutes, and offices to facilitate and improve CDC programs
            and activities;
                ``(7) communicate, including through convening annual
            meetings, with public and private entities regarding relevant
            public health programs and activities, and, as applicable, the
            strategic plan established pursuant to subsection (c).

        ``(c) Strategic Plan.--
                ``(1) <<NOTE: Deadline. Web posting.>>  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;

    [[Page 136 STAT. 5708]]

                              ``(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) <<NOTE: Time period.>>  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) <<NOTE: Updates.>>  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

    [[Page 136 STAT. 5709]]

                    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) <<NOTE: Audit requirements.>>  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) <<NOTE: 42 USC 242c note.>>  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. <<NOTE: 42 USC 242c-1.>>  ADVISORY COMMITTEE TO THE
                              DIRECTOR.

        ``(a) <<NOTE: Deadline. Establishment.>>  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);

    [[Page 136 STAT. 5710]]

                ``(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) <<NOTE: Appointments.>>  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. <<NOTE: Appointments.>>  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.

    [[Page 136 STAT. 5711]]

                        ``(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) <<NOTE: Deadline.>>  Time for appointment.--If
                    a vacancy occurs in the advisory committee among the
                    members appointed under paragraph (3), the Secretary
                    shall make an appointment to fill such vacancy within 90
                    days from the date the vacancy occurs.

        ``(d) Chair.--The Secretary shall select a member of the advisory
    committee to serve as the Chair of the committee. The Secretary may so
    select an individual from among the appointed members. The term of
    office of the chair shall be 2 years.
        ``(e) Meetings.--The advisory committee shall meet at the call of
    the Chair or upon request of the Director, but in no event less than 2
    times during each fiscal year.
        ``(f) <<NOTE: Designation.>>  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

    [[Page 136 STAT. 5712]]

    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,

    [[Page 136 STAT. 5713]]

                          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) <<NOTE: Time period.>>  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

    [[Page 136 STAT. 5714]]

                    (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) <<NOTE: Updates. Assessment.>>  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.--
    <<NOTE: Reviews. Recommenda- tions.>> 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;

    [[Page 136 STAT. 5715]]

                        (D) gaps, if any, in interagency agreements that
                    prevent the Secretary from carrying out the goals under
                    section 2802 of the Public Health Service Act (42 U.S.C.
                    300hh-1);
                        (E) barriers, if any, to establishing or utilizing
                    such interagency agreements; and
                        (F) recommendations, if any, on the ways in which
                    such interagency agreements can be improved to address
                    the gaps and barriers identified under subparagraphs (D)
                    and (E);
                (2) conduct a review of the implementation and utilization
            of the authorities described under section 2801(c) of the Public
            Health Service Act (42 U.S.C. 300hh(c)); and
                (3) submit to the Committee on Health, Education, Labor, and
            Pensions of the Senate and the Committee on Energy and Commerce
            of the House of Representatives a report on the reviews under
            paragraphs (1) and (2), including related recommendations, as
            applicable.
    SEC. 2104. <<NOTE: 42 USC 300hh-3.>>  OFFICE OF PANDEMIC
                              PREPAREDNESS AND RESPONSE POLICY.

        (a) <<NOTE: Establishment. Appointments. President.>>  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;

    [[Page 136 STAT. 5716]]

                              (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--

    [[Page 136 STAT. 5717]]

                              (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) <<NOTE: Time periods.>>  Preparedness Outlook Report.--
                (1) <<NOTE: Public information.>>  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) <<NOTE: Establishment. Evaluation. Recommenda- tions.>>
    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--

    [[Page 136 STAT. 5718]]

                (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) <<NOTE: Deadlines.>>  Industry Liaison.--
                (1) <<NOTE: Appointment.>>  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) <<NOTE: Plan.>>  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 136 STAT. 5719]]

        (h) Staffing and Detailees.--In carrying out functions under this
    section, the Director may--
                (1) <<NOTE: Appointments.>>  appoint not more than 25
            individuals to serve as employees of the Office as necessary to
            carry out this section;
                (2) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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--

    [[Page 136 STAT. 5720]]

                        (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'';

    [[Page 136 STAT. 5721]]

                (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) <<NOTE: 42 USC 247d-3a note.>>  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) <<NOTE: Reports. Recommenda- tions.>>  Advisory Councils.--Not
    later than 1 year after the date of enactment of this Act, the Assistant
    Secretary for Mental Health

    [[Page 136 STAT. 5722]]

    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) <<NOTE: Examination.>>  examine the role played by the
            advisory councils described in section 502 of the Public Health
            Service Act (42 U.S.C. 290aa-1) and the National Mental Health
            and Substance Use Policy Laboratory established under section
            501A of such Act (42 U.S.C. 290aa-0) in providing technical
            assistance and recommendations to the Substance Abuse and Mental
            Health Services Administration to support the response of such
            agency to the public health emergency declared under section 319
            of the Public Health Service Act (42 U.S.C. 247d) with respect
            to COVID-19;
                (2) describe the manner in which existing awardees of mental
            health and substance use disorder programs provided and altered
            delivery of services during such public health emergency,
            including information on the populations served by such awardees
            and any barriers faced in delivering services; and
                (3) describe activities of the Substance Abuse and Mental
            Health Services Administration to support the response to such
            public health emergency, including through technical assistance,
            provision of services, and any flexibilities provided to such
            existing awardees, and any barriers faced in implementing such
            activities.
    SEC. 2113. TRAUMA CARE REAUTHORIZATION.

        (a) In General.--Section 1201 of the Public Health Service Act (42
    U.S.C. 300d) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (3)--
                              (i) by inserting ``analyze,'' after
                          ``compile,''; and

    [[Page 136 STAT. 5723]]

                              (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) <<NOTE: Updates. Guidance.>>  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

    [[Page 136 STAT. 5724]]

            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)--

    [[Page 136 STAT. 5725]]

                              (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:

    [[Page 136 STAT. 5726]]

        ``(h) <<NOTE: Reports.>>  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) <<NOTE: Reviews.>>  GAO Study.--The Comptroller General of the
    United States shall conduct a study that reviews a geographically
    diverse sample of States and territories that, in response to the COVID-
    19 pandemic, implemented preparedness and response plans that included
    isolation and quarantine recommendations or requirements. Such study
    shall include--
                (1) a review of such State and territorial preparedness and
            response plans in place during the COVID-19 pandemic, an
            assessment of the extent to which such plans facilitated or
            presented challenges to State and territorial responses to such
            public health emergency, including response activities relating
            to isolation and quarantine to prevent the spread of COVID-19;
            and
                (2) a description of the technical assistance provided by
            the Federal Government to help States and territories facilitate
            such response activities during responses to relevant public
            health emergencies declared by the Secretary of Health and Human
            Services pursuant to section 319 of the Public Health Service
            Act, including the public health emergency with respect to
            COVID-19, and a review of the degree to which such State and
            territorial plans were implemented and subsequently revised in
            response to the COVID-19 pandemic to address any challenges.

        (b) Report.--Not later than 18 months after the date of enactment of
    this Act, the Comptroller General of the United States shall submit a
    report on the study under subsection (a) to the Committee on Health,
    Education, Labor, and Pensions of the Senate and the Committee on Energy
    and Commerce of the House of Representatives.
    SEC. 2115. <<NOTE: 42 USC 247d note.>>  CONSIDERATION OF UNIQUE
                              CHALLENGES IN NONCONTIGUOUS STATES AND
                              TERRITORIES.

        During <<NOTE: Consultations.>>  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.

    [[Page 136 STAT. 5727]]

     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. <<NOTE: 42 USC 247b-24.>>  ADDRESSING FACTORS RELATED
                              TO IMPROVING HEALTH OUTCOMES.

        ``(a) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Plan.>>  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

    [[Page 136 STAT. 5728]]

            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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Extensions.>>  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;

    [[Page 136 STAT. 5729]]

                ``(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) <<NOTE: Time periods.>>  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) <<NOTE: Review.>>  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

    [[Page 136 STAT. 5730]]

                          required by applicable Federal and State
                          information privacy or security law, at a
                          minimum.'';
                (3) in subsection (c)--
                        (A) in paragraph (1)--
                              (i) by inserting ``modernize,'' after
                          ``establish,'';
                              (ii) by inserting ``that is deidentified, as
                          applicable,'' after ``share data and
                          information'';
                              (iii) by inserting ``, to the extent
                          practicable'' before the period of the second
                          sentence; and
                              (iv) by adding at the end the following: ``The
                          Secretary shall ensure that the activities carried
                          out pursuant to this paragraph are conducted in a
                          manner that protects personal privacy, to the
                          extent required by applicable Federal and State
                          information privacy or security law, at a
                          minimum.'';
                        (B) in paragraph (3)--
                              (i) in subparagraph (A)--
                                        (I) in clause (iii), by adding
                                    ``and'' after the semicolon;
                                        (II) in clause (iv), by striking ``;
                                    and'' and inserting a period; and
                                        (III) by striking clause (v); and
                              (ii) in subparagraph (B), by inserting ``, and
                          make recommendations to improve the quality of
                          data collected pursuant to subparagraph (A) to
                          ensure complete, accurate, and timely sharing of
                          such data, as appropriate, across such elements as
                          described in subparagraph (A)'' after ``under
                          subparagraph (A)'';
                        (C) in paragraph (5)--
                              (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``and operating'' and
                                    inserting ``, operating, and updating,
                                    as appropriate,'';
                                        (II) in clause (iii)--
                                                (aa) by inserting ``that is
                                            deidentified, as applicable,''
                                            after ``analyses''; and
                                                (bb) by inserting ``in
                                            accordance with applicable
                                            Federal and State privacy and
                                            security law'' before the
                                            semicolon at the end;
                                        (III) in clause (iv), by striking
                                    ``and'' at the end;
                                        (IV) in clause (v), by striking the
                                    period and inserting ``; and''; and
                                        (V) by adding at the end the
                                    following:
                              ``(vi) in collaboration with State, local, and
                          Tribal public health officials, integrate and
                          update applicable existing public health data
                          systems and networks of the Department of Health
                          and Human Services to reflect technological
                          advancements, consistent with section 2823, as
                          applicable.''; and
                              (ii) in subparagraph (B)--
                                        (I) in clause (i), by inserting
                                    ``and 180 days after the date of
                                    enactment of the PREVENT Pandemics
                                    Act,'' after ``Innovation Act of
                                    2019,'';
                                        (II) in clause (ii), by striking
                                    ``and other representatives as the
                                    Secretary determines appropriate'' and
                                    inserting ``experts in State-based
                                    public

    [[Page 136 STAT. 5731]]

                                    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

    [[Page 136 STAT. 5732]]

                          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) <<NOTE: Time periods.>>  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) <<NOTE: 42 USC 300hh-34 note.>>  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

    [[Page 136 STAT. 5733]]

    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. <<NOTE: Grants. Contracts. 42 USC 300hh-34.>>
                              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.--

    [[Page 136 STAT. 5734]]

                ``(1) In general.--The Secretary shall, as appropriate,
            award grants, contracts, or cooperative agreements to public
            health agencies for the establishment or operation of centers of
            excellence to promote innovation in pathogen genomics and
            molecular epidemiology to improve the control of and response to
            pathogens that may cause a public health emergency. Such centers
            shall, as appropriate--
                        ``(A) identify and evaluate the use of genomics, or
                    other related technologies that may advance public
                    health preparedness and response;
                        ``(B) improve the identification, development, and
                    use of tools for integrating and analyzing genomic and
                    epidemiologic data;
                        ``(C) assist with genomic surveillance of, and
                    response to, infectious diseases, including analysis of
                    pathogen genomic data;
                        ``(D) conduct applied research to improve public
                    health surveillance of, and response to, infectious
                    diseases through innovation in pathogen genomics and
                    molecular epidemiology; and
                        ``(E) develop and provide training materials for
                    experts in the fields of genomics, microbiology,
                    bioinformatics, epidemiology, and other fields, as
                    appropriate.
                ``(2) Requirements.--To be eligible for an award under
            paragraph (1), an entity shall submit to the Secretary an
            application containing such information as the Secretary may
            require, including a description of how the entity will partner,
            as applicable, with academic institutions or a consortium of
            academic partners that have relevant expertise, such as
            microbial genomics, molecular epidemiology, or the application
            of bioinformatics or statistics.''.

        (c) Report to Congress.--Not later than 90 days after the date of
    enactment of the PREVENT Pandemics Act, and 90 days following
    expenditure of all funds under section 2402 of the American Rescue Plan
    Act of 2021 (Public Law 117-2), the Director of the Centers for Disease
    Control and Prevention shall submit a report to the Committee on Health,
    Education, Labor, and Pensions of the Senate and the Committee on Energy
    and Commerce of the House of Representatives outlining how funds awarded
    under such section 2402 were expended as of the date of such report.
    SEC. 2213. SUPPORTING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH DATA.

        (a) Designation of Public Health Data Standards.--Section 2823(a)(2)
    of the Public Health Service Act (42 U.S.C. 300hh-33(a)(2)) is amended--
                (1) by striking ``In carrying out'' and inserting the
            following:
                        ``(A) In general.--In carrying out''; and
                (2) by striking ``shall, as appropriate and'' and inserting
            ``shall, not later than 2 years after the date of enactment of
            the PREVENT Pandemics Act,''; and
                (3) by adding at the end the following:
                        ``(B) No duplicative efforts.--
                              ``(i) In general.--In carrying out the
                          requirements of this paragraph, the Secretary, in
                          consultation with the Office of the National
                          Coordinator for Health Information Technology, may
                          use input gathered

    [[Page 136 STAT. 5735]]

                          (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) <<NOTE: Reviews.>>  Study on Laboratory Information Standards.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  determine the extent
                    to which clinical laboratories are using standards for
                    electronic ordering and reporting of laboratory test
                    results;
                        (B) <<NOTE: Assessment.>>  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) <<NOTE: Updates. Memorandums. 42 USC 300hh note.>>  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

    [[Page 136 STAT. 5736]]

                    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:

    [[Page 136 STAT. 5737]]

    ``SEC. 310B. <<NOTE: 42 USC 242u.>>  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) <<NOTE: 42 USC 300hh-33 note.>>  Improving State, Local, and
    Tribal Public Health Data.--
                (1) <<NOTE: Grants. Contracts.>>  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

    [[Page 136 STAT. 5738]]

                    entity, Indian Tribe or Tribal organization (as such
                    terms are defined in section 4 of the Indian Self
                    Determination and Education Assistance Act (25 U.S.C.
                    5304)), urban Indian organization (as defined in section
                    4 of the Indian Health Care Improvement Act (25 U.S.C.
                    1603)), or other appropriate public or private nonprofit
                    entity, or a consortia of any such entities; and
                        (B) submit an application to the Secretary at such
                    time, in such manner, and containing such information as
                    the Secretary may require.
                (3) Activities.--Entities receiving awards under this
            subsection shall use such award to develop and test best
            practices for training health care providers to use standards
            and implementation specifications that assist in the capture,
            access, exchange, and use of electronic health information,
            deidentified as applicable, such as demographic information,
            disability status, veteran status, and functional status. Such
            activities shall include, at a minimum--
                        (A) improving, understanding, and using data
                    standards and implementation specifications;
                        (B) developing or identifying methods to improve
                    communication with patients in a culturally- and
                    linguistically-appropriate manner, including to better
                    capture information related to demographics of such
                    individuals;
                        (C) developing methods for accurately categorizing
                    and recording patient responses using available data
                    standards;
                        (D) educating providers regarding the utility of
                    such information for public health purposes and the
                    importance of accurate collection and recording of such
                    data; and
                        (E) providing information regarding how data will be
                    deidentified if used for such public health purposes, as
                    applicable and appropriate.
                (4) Reporting.--
                        (A) Reporting by award recipients.--Each recipient
                    of an award under this subsection shall submit to the
                    Secretary a report on the results of best practices
                    identified, developed, or disseminated through such
                    award.
                        (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: 42 USC 242u note.>>  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

    [[Page 136 STAT. 5739]]

                (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. <<NOTE: 42 USC 300hh-35.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Deadline.>>  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;

    [[Page 136 STAT. 5740]]

                (2) <<NOTE: Recommenda- tions.>>  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) <<NOTE: List.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Briefing.>>  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.

    [[Page 136 STAT. 5741]]

               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) <<NOTE: Loans.>>  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

    [[Page 136 STAT. 5742]]

            degree or certificate described in subsection (b)(1) in
            accordance with the terms of the contract.''; and
                        (B) in paragraph (2)--
                              (i) by striking ``For each year'' and
                          inserting the following:
                        ``(A) In general.--For each year'';
                              (ii) by striking ``$35,000'' and inserting
                          ``$50,000'';
                              (iii) by striking ``$105,000'' and inserting
                          ``$150,000''; and
                              (iv) by adding at the end the following:
                        ``(B) Considerations.--The Secretary may take action
                    in making awards under this section to ensure that--
                              ``(i) an appropriate proportion of contracts
                          are awarded to individuals who are eligible to
                          participate in the program pursuant to subsection
                          (b)(1)(A); and
                              ``(ii) contracts awarded under this section
                          are equitably distributed among--
                                        ``(I) the geographical regions of
                                    the United States;
                                        ``(II) local, State, and Tribal
                                    public health departments; and
                                        ``(III) such public health
                                    departments under subclause (II) serving
                                    rural and urban areas.'';
                (5) in subsection (e), by striking ``receiving a degree or
            certificate from a health professions or other related school''
            and inserting ``with a contract to serve under subsection (c)'';
                (6) <<NOTE: Loans. Waiver authority.>>  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) <<NOTE: Loans.>>  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,

    [[Page 136 STAT. 5743]]

            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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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.'';

    [[Page 136 STAT. 5744]]

                (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) <<NOTE: Evaluation.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Grants. Contracts.>>  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:

    [[Page 136 STAT. 5745]]

                ``(1) recruit, hire, train, and retain community health
            workers that reflect the needs of the community;
                ``(2) support community health workers in providing
            education and outreach, in a community setting, regarding--
                        ``(A) health conditions prevalent in--
                              ``(i) medically underserved communities (as
                          defined in section 799B), particularly racial and
                          ethnic minority populations; and
                              ``(ii) other such at-risk populations or
                          geographic areas that may require additional
                          support during public health emergencies, which
                          may include counties identified by the Secretary
                          using applicable measures developed by the Centers
                          for Disease Control and Prevention or other
                          Federal agencies; and
                        ``(B) addressing health disparities, including by--
                              ``(i) promoting awareness of services and
                          resources to increase access to health care,
                          mental health and substance use disorder services,
                          child services, technology, housing services,
                          educational services, nutrition services,
                          employment services, and other services; and
                              ``(ii) assisting in conducting individual and
                          community needs assessments;
                ``(3) educate community members, including regarding
            effective strategies to promote healthy behaviors;'';
                        (D) in paragraph (4), as so redesignated, by
                    striking ``to educate'' and inserting ``educate'';
                        (E) in paragraph (5), as so redesignated--
                              (i) by striking ``to identify'' and inserting
                          ``identify'';
                              (ii) by striking ``healthcare agencies'' and
                          inserting ``health care agencies''; and
                              (iii) by striking ``healthcare services and to
                          eliminate duplicative care; or'' and inserting
                          ``health care services and to streamline care,
                          including serving as a liaison between communities
                          and health care agencies; and''; and
                        (F) in paragraph (6), as so redesignated--
                              (i) by striking ``to educate, guide, and
                          provide'' and inserting ``support community health
                          workers in educating, guiding, or providing''; and
                              (ii) by striking ``maternal health and
                          prenatal care'' and inserting ``chronic diseases,
                          maternal health, prenatal, and postpartum care in
                          order to improve maternal and infant health
                          outcomes'';
                (4) in subsection (c), by striking ``Each eligible entity''
            and all that follows through ``accompanied by'' and inserting
            ``To be eligible to receive an award under subsection (a), an
            entity shall prepare and submit to the Secretary an application
            at such time, in such manner, and containing'';
                (5) in subsection (d)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``awarding grants'' and inserting ``making
                    awards'';
                        (B) by amending paragraph (1) to read as follows:
                ``(1) propose to serve--
                        ``(A) areas with populations that have a high rate
                    of chronic disease, infant mortality, or maternal
                    morbidity and mortality;

    [[Page 136 STAT. 5746]]

                        ``(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) <<NOTE: Plan.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5747]]

    the effectiveness of the program under this section in addressing
    ongoing public health and community health needs. <<NOTE: Recommenda-
    tions.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Definitions.>>  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) <<NOTE: Review.>>  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) <<NOTE: Public information.>>  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

    [[Page 136 STAT. 5748]]

            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) <<NOTE: Determination.>>  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) <<NOTE: Records.>>  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) <<NOTE: Time period. Deadline.>>  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.

    [[Page 136 STAT. 5749]]

                ``(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) <<NOTE: Recommenda- tions.>>  any challenges,
            limitations, or gaps related to the use of the authority under
            each such subparagraph and any related recommendations to
            address such challenges, limitations, or gaps.
    SEC. 2224. INCREASING EDUCATIONAL OPPORTUNITIES FOR ALLIED HEALTH
                              PROFESSIONS.

        Section 755(b) of the Public Health Service Act (42 U.S.C. 294e(b))
    is amended by adding at the end the following:
                ``(4) Increasing educational opportunities in physical
            therapy, occupational therapy, respiratory therapy, audiology,
            and speech-language pathology professions, which may include
            offering scholarships or stipends and carrying out other
            activities to improve retention, for individuals from
            disadvantaged backgrounds or individuals who are
            underrepresented in such professions.''.

    [[Page 136 STAT. 5750]]

    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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 210-1 note.>>  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. <<NOTE: 42 USC 300hh-36.>>  LEADERSHIP EXCHANGE PILOT
                              FOR PUBLIC HEALTH AND MEDICAL
                              PREPAREDNESS AND RESPONSE POSITIONS AT
                              THE DEPARTMENT OF HEALTH AND HUMAN
                              SERVICES.

        ``(a) <<NOTE: Deadline.>>  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) <<NOTE: Definition.>>  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.

    [[Page 136 STAT. 5751]]

        ``(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) <<NOTE: Assessment. Recommenda- tions.>>  an
            assessment of the outcomes of such program, including a
            recommendation on whether such program should be continued.''.
    SEC. 2227. <<NOTE: Grants. Contracts.>>  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) <<NOTE: Plan.>>  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

    [[Page 136 STAT. 5752]]

            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) <<NOTE: Grants. Contracts.>>  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

    [[Page 136 STAT. 5753]]

                    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) <<NOTE: Strategies.>>  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) <<NOTE: Evaluations.>>  improving awareness of
                    such evidence-informed or evidence-based practices and
                    other relevant scientific or public health information
                    among health care professionals, public health
                    professionals, other stakeholders, and the public,
                    including through the development, evaluation, and
                    dissemination of trainings and training materials,
                    consistent with section 2802(b)(2), as applicable and
                    appropriate, and with consideration given to existing
                    training materials, to support preparedness for, and
                    responses to, such threats;
                        ``(C) utilizing and expanding relevant technological
                    and analytical capabilities to inform public health and
                    medical preparedness and response efforts;
                        ``(D) expanding activities, including through
                    public-private partnerships, related to public health
                    preparedness and response, including participation in
                    drills and exercises and training public health experts,
                    as appropriate; and
                        ``(E) providing technical assistance and expertise
                    that relies on evidence-based practices, as applicable,
                    related to responses to public health emergencies, as
                    appropriate, to State, local, and Tribal health
                    departments and other entities pursuant to paragraph
                    (2)(A).
                ``(4) Distribution of awards.--In awarding grants,
            contracts, or cooperative agreements under this subsection, the
            Secretary shall support not fewer than 10 Centers, subject to
            the availability of appropriations, and ensure that such awards
            are equitably distributed among the geographical regions of the
            United States.''; and
                (2) in subsection (f)(1)(C), by striking ``, of which
            $5,000,000 shall be used to carry out paragraphs (3) through (5)
            of such subsection''.

        (b) Repeal.--Section 319G of the Public Health Service Act (42
    U.S.C. 247d-7) is repealed.

    [[Page 136 STAT. 5754]]

    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. <<NOTE: 42 USC 247d-12.>>  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) <<NOTE: Consultation.>>  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

    [[Page 136 STAT. 5755]]

                    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) <<NOTE: Grants. Contracts.>>  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. <<NOTE: Updates. 42 USC 300hh-37.>>  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

    [[Page 136 STAT. 5756]]

    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. <<NOTE: 42 USC 285f-5.>>  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

    [[Page 136 STAT. 5757]]

    medical products for priority virus families and other viral pathogens
    with a significant potential to cause a pandemic, through support for
    research centers.
        ``(b) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Requirement. Reports.>>  requiring the
            periodic preparation and submission to the Director of reports
            on the activities of each center.

        ``(d) Priority.--In awarding funding through grants, contracts, or
    cooperative agreements under subsection (a), the Director of the
    Institute shall, as appropriate, give priority to applicants with
    existing frameworks and partnerships, as applicable, to support the
    advancement of such research.
        ``(e) Collaboration.--The Director of the Institute shall--
                ``(1) collaborate with the heads of other appropriate
            Federal departments, agencies, and offices with respect to the
            identification of additional priority virus families and other
            viral pathogens with a significant potential to cause a
            pandemic; and
                ``(2) <<NOTE: Updates.>>  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;

    [[Page 136 STAT. 5758]]

                (2) in paragraph (25), by striking the period and inserting
            a semicolon; and
                (3) by inserting after paragraph (25) the following:
                ``(26) <<NOTE: Consultation.>>  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) <<NOTE: 42 USC 262a note.>>  Improving Research and Development
    of Medical Countermeasures for Novel Pathogens.--
                (1) <<NOTE: Deadline. Public
            information. Procedures. Determination.>>  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. <<NOTE: 42 USC 247d-2.>>  EARLIER DEVELOPMENT OF
                              DIAGNOSTIC TESTS.

        ``The <<NOTE: Contracts.>>  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.''.

    [[Page 136 STAT. 5759]]

    SEC. 2304. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
                              MEDICINE STUDY ON NATURAL IMMUNITY IN
                              RELATION TO THE COVID-19 PANDEMIC.

        (a)  <<NOTE: Deadline. Contracts.>> 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)  <<NOTE: Assessments.>> 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) <<NOTE: Summary.>> 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)--

    [[Page 136 STAT. 5760]]

                        (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 <<NOTE: Deadlines.>> 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) <<NOTE: Update.>> 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) <<NOTE: Summaries.>> 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) <<NOTE: Plans. Compliance.>> 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''.

    [[Page 136 STAT. 5761]]

    SEC. 2312. <<NOTE: 42 USC 262a note.>>  STRATEGY FOR FEDERAL HIGH-
                              CONTAINMENT LABORATORIES.

        (a) Strategy for Federal High-containment Laboratories.--
    Not <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> an assessment of the needs of the
            Federal Government with respect to Biosafety Level 3 or 4
            laboratory facilities;
                (3) <<NOTE: Summary.>> a summary of existing federally-owned
            Biosafety Level 3 or 4 laboratory facility capacity;
                (4) <<NOTE: Summary.>> 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) <<NOTE: Summary. Plans.>> 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. <<NOTE: 42 USC 283r.>> NATIONAL SCIENCE ADVISORY
                              BOARD FOR BIOSECURITY.

        ``(a) Establishment.--The Secretary, acting through the Director of
    NIH, shall establish an advisory committee, to be known

    [[Page 136 STAT. 5762]]

    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) <<NOTE: Appointments.>> 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)  <<NOTE: 42 USC 283r note.>> 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

    [[Page 136 STAT. 5763]]

    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)  <<NOTE: 42 USC 283r note.>> 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. <<NOTE: 42 USC 262a note.>> 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. <<NOTE: 42 USC 6627.>> FEDERALLY-FUNDED RESEARCH WITH
                              ENHANCED PATHOGENS OF PANDEMIC
                              POTENTIAL.

        (a) Review and Oversight of Enhanced Pathogens of Pandemic
    Potential.--
                (1) <<NOTE: Deadlines. Updates.>> 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.

    [[Page 136 STAT. 5764]]

                (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) <<NOTE: Procedures.>> 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)  <<NOTE: Updates. Guidance.>> 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)  <<NOTE: Deadlines.>> 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

    [[Page 136 STAT. 5765]]

            and Human Services, involving pathogens of pandemic potential or
            biological agents or toxins listed pursuant to section
            351A(a)(1) of the Public Health Service Act (42 U.S.C.
            262a(a)(1)).
                (2) Conditions for lifting or suspending prohibition.--The
            Secretary of Health and Human Services may lift or suspend the
            prohibition of funding under paragraph (1)--
                        (A) only after the review required under subsection
                    (a)(1)(A)(i) is complete; and
                        (B) <<NOTE: Notification. Time period.>>  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. <<NOTE: 42 USC 242v.>>  FOREIGN TALENT RECRUITMENT
                              PROGRAMS.

        (a) Intramural Research.--
                (1)  <<NOTE: Deadline.>> 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) <<NOTE: Requirement. Disclosure. Records.>> 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. <<NOTE: Deadlines. 42 USC 242v-1.>> SECURING
                              IDENTIFIABLE, SENSITIVE INFORMATION AND
                              ADDRESSING OTHER NATIONAL SECURITY RISKS
                              RELATED TO RESEARCH.

        (a) <<NOTE: Updates.>> 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

    [[Page 136 STAT. 5766]]

    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) <<NOTE: Assessment. Reviews.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Compliance.>> 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

    [[Page 136 STAT. 5767]]

    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. <<NOTE: 42 USC 242v-2.>> PROTECTING AMERICA'S
                              BIOMEDICAL RESEARCH ENTERPRISE.

        (a)  <<NOTE: Recommenda- tions.>> 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) <<NOTE: Strategies.>> 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

    [[Page 136 STAT. 5768]]

            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) <<NOTE: Review.>> 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)  <<NOTE: Assessment.>> In General.--The Comptroller General of
    the United States (referred to in this section as the ``Comptroller
    General'') shall conduct a study to assess the extent to which the
    Department of Health and Human Services (referred to in this section as
    the ``Department'') utilizes or provides funding to entities that
    utilize such funds for human genomic sequencing services or genetic
    services (as such term is defined in section 201(6) of the Genetic
    Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(6)))
    provided by entities, or subsidiaries of such entities, organized under
    the laws of a country or countries of concern, in the estimation of the
    Director of National Intelligence or the head of another Federal
    department or agency, as appropriate.

        (b) Considerations.--In carrying out the study under this section,
    the Comptroller General shall--
                (1) consider--
                        (A) the extent to which the country or countries of
                    concern could obtain human genomic information of
                    citizens and residents of the United States from such
                    entities that sequence, analyze, collect, or store human
                    genomic information and which the Director of National
                    Intelligence or the head of another Federal department
                    or agency reasonably anticipates may use such
                    information in a manner inconsistent with the national
                    security interests of the United States;
                        (B) whether the Department or recipient of such
                    funds from the Department sought to provide funding to,
                    or to use, domestic entities with no such ties to the
                    country

    [[Page 136 STAT. 5769]]

                    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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 42 USC 242v-3.>> 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.

    [[Page 136 STAT. 5770]]

               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. <<NOTE: 42 USC 290c.>> 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') <<NOTE: Deadline.>> . 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)  <<NOTE: Determination.>> 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)  <<NOTE: Deadline. Federal Register,
                    publication.>> 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--

    [[Page 136 STAT. 5771]]

                        ``(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)  <<NOTE: President. Appointment.>> 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.

    [[Page 136 STAT. 5772]]

                ``(4) Duties.--The duties of the Director shall include the
            following:
                        ``(A) Establish strategic goals, objectives, and
                    priorities for ARPA-H to advance the goals described in
                    subsection (b)(1).
                        ``(B) Approve the projects and programs of ARPA-H
                    and restructure, expand, or terminate any project or
                    program within ARPA-H that is not achieving its goals.
                        ``(C) Develop funding criteria and assess the
                    success of programs through the establishment of
                    technical milestones.
                        ``(D) Request that applications for funding disclose
                    current and previous research and development efforts
                    related to such applications, as appropriate, and
                    identify any challenges associated with such efforts,
                    including any scientific or technical barriers
                    encountered in the course of such efforts or challenges
                    in securing sources of funding, as applicable.
                        ``(E) Coordinate with the heads of relevant Federal
                    departments and agencies to facilitate sharing of data
                    and information, as applicable and appropriate, and
                    ensure that research supported by ARPA-H is informed by
                    and supplements, not supplants, the activities of such
                    departments and agencies and is free of unnecessary
                    duplication of effort.
                        ``(F) Ensure ARPA-H does not provide funding for a
                    project unless the program manager determines that the
                    project aligns with the goals described in subsection
                    (b)(1).
                        ``(G) Prioritize investments based on considerations
                    such as--
                              ``(i) scientific opportunity and potential
                          impact, especially in areas that fit within the
                          strategies and operating practices of ARPA-H and
                          require public-private partnerships to effectively
                          advance research and development activities; and
                              ``(ii) the potential applications that an
                          innovation may have to address areas of currently
                          unmet need in medicine and health, including
                          health disparities and the potential to prevent
                          progression to serious disease.
                        ``(H) Encourage strategic collaboration and
                    partnerships with a broad range of entities, which may
                    include institutions of higher education, minority-
                    serving institutions (defined, for the purposes of this
                    section, as institutions and programs described in
                    section 326(e)(1) of the Higher Education Act of 1965
                    and institutions described in section 371(a) of such
                    Act), industry, nonprofit organizations, Federally
                    funded research and development centers, or consortia of
                    such entities.
                ``(5) Term.--Notwithstanding section 405(a)(2), the
            Director--
                        ``(A) shall be appointed for a 4-year term; and
                        ``(B) may be reappointed for 1 consecutive 4-year
                    term.
                ``(6) Autonomy of agency regarding recommendations and
            testimony.--No office or agency of the United States shall have
            authority to require the Director to submit legislative
            recommendations, or testimony or comments on legislation, to

    [[Page 136 STAT. 5773]]

            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)  <<NOTE: Appointment.>> 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.--

    [[Page 136 STAT. 5774]]

                ``(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)  <<NOTE: Contracts.>> In general.--In carrying out
            this section, the Director may--
                        ``(A) <<NOTE: Grants. Requirements. Public
                    information.>> 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) <<NOTE: Cash prizes.>> 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)  <<NOTE: Contracts. Real property.>> In general.--The
            Director is authorized, for administrative purposes, to--

    [[Page 136 STAT. 5775]]

                        ``(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) <<NOTE: Time period.>> 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) <<NOTE: Appointments.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Contracts.>> 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)  <<NOTE: Appointments.>> Number of personnel.--The
            Director may appoint not more than 210 personnel under this
            section. <<NOTE: Notification. Determination.>>  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)  <<NOTE: Time period.>> 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,

    [[Page 136 STAT. 5776]]

                    at the time of appointment and for 3 years prior to such
                    appointment, were not employed by the National
                    Institutes of Health. <<NOTE: Exemption.>> 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) <<NOTE: Contracts.>> 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)  <<NOTE: Time period.>> Authority to accept federal
            detailees.--The Director may accept officers or employees of the
            United States or members of the uniformed service on a detail
            from an element of the Federal Government, on a reimbursable or
            a nonreimbursable basis, as jointly agreed to by the heads of
            the receiving and detailing elements, for a period not to exceed
            3 years.

        ``(j) Program Managers.--
                ``(1)  <<NOTE: Appointments. Time periods.>> 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;

    [[Page 136 STAT. 5777]]

                              ``(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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> a description of
                          projects terminated in the previous fiscal year,
                          and the reason for such termination;
                              ``(iii) <<NOTE: Time period.>> a description
                          of planned programs starting in the next fiscal
                          year, pending the availability of funding;

    [[Page 136 STAT. 5778]]

                              ``(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) <<NOTE: Summary.>> 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)  <<NOTE: Contracts.>> 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)  <<NOTE: Requirements. Public
                    information.>> 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)  <<NOTE: Records.>> 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

    [[Page 136 STAT. 5779]]

                    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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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)  <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> to assess the degree of any
            potential duplication of existing Federal programs and projects;
            and
                ``(2) <<NOTE: Recommenda- tions.>> to make any
            recommendations regarding any potential reorganization,
            consolidation, or termination of such programs and projects.

    [[Page 136 STAT. 5780]]

        ``(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)  <<NOTE: Waiver authority.>> 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). <<NOTE: Notice. Deadline.>> The Director
            shall provide notice to Congress not later than 30 days after
            waiving such requirements.

        ``(o) Additional Consultation.--In carrying out this section, the
    Director may consult with--
                ``(1) the President's Council of Advisors on Science and
            Technology;
                ``(2) representatives of professional or scientific
            organizations, including academia and industry, with expertise
            in specific technologies under consideration or development by
            ARPA-H;
                ``(3) an existing advisory committee providing advice to the
            Secretary or the head of any operating or staff division of the
            Department;
                ``(4) the advisory committee established under subsection
            (p); and
                ``(5) any other entity the Director may deem appropriate.

        ``(p) Advisory Committee.--
                ``(1)  <<NOTE: Establishment.>> 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.

    [[Page 136 STAT. 5781]]

                        ``(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)  <<NOTE: Data.>> 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)  <<NOTE: Time periods.>> 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)  <<NOTE: Proposal.>> 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)  <<NOTE: Reviews. Assessment. Animals.>> 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

    [[Page 136 STAT. 5782]]

    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)--

    [[Page 136 STAT. 5783]]

                                                (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) <<NOTE: Contracts. Grants.>> 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:

    [[Page 136 STAT. 5784]]

                          ``(iii) <<NOTE: Consultation. Compliance.>> 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 <<NOTE: Payments.>>  to an award
                    under subparagraph (B)(v), the Secretary may make
                    payments for activities necessary to maintain domestic
                    manufacturing surge capacity and capabilities supported
                    under such award to ensure that such capacity and
                    capabilities are able to support the rapid manufacture
                    of countermeasures as required by the Secretary to
                    prepare for, or respond to, an existing or potential
                    public health emergency or otherwise address threats
                    that pose a significant level of risk to national
                    security. The Secretary may support the utilization of
                    such capacity and capabilities under awards for
                    countermeasure and product advanced research and
                    development, as appropriate, to provide for the
                    maintenance of such capacity and capabilities.''; and
                (4) in subsection (f)--
                        (A) in paragraph (1), by striking ``Not later than
                    180 days after the date of enactment of this
                    subsection'' and inserting ``Not later than 180 days
                    after the date of enactment of the PREVENT Pandemics
                    Act'';
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``this subsection'' and inserting
                          ``the PREVENT Pandemics Act'';
                              (ii) in subparagraph (B), by striking ``and''
                          at the end; and
                              (iii) in subparagraph (C), by striking the
                          period and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(D) <<NOTE: Plans. Assessments. Recommenda-
                    tions.>> 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

    [[Page 136 STAT. 5785]]

                    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) <<NOTE: Assessment.>> 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) <<NOTE: Review. Revision.>> 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)  <<NOTE: Deadline. 42 USC 247d-6b note.>> 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

    [[Page 136 STAT. 5786]]

    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)  <<NOTE: Contracts.>> 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

    [[Page 136 STAT. 5787]]

                          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) <<NOTE: Assessment.>> 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.--

    [[Page 136 STAT. 5788]]

                        ``(A)  <<NOTE: Determinations.>> In general.--The
                    Secretary may, at appropriate intervals, make available
                    for purchase excess contents procured for, and
                    maintained within, the stockpile under paragraph (1) to
                    any Federal agency or State, local, or Tribal
                    government. The Secretary shall make such contents
                    available for purchase only if--
                              ``(i) such contents are in excess of what is
                          required for appropriate maintenance of such
                          stockpile;
                              ``(ii) the Secretary determines that the costs
                          for maintaining such excess contents are not
                          appropriate to expend to meet the needs of the
                          stockpile; and
                              ``(iii) the Secretary determines that such
                          action does not compromise national security and
                          is in the national interest.
                        ``(B) Reimbursement and collection.--The Secretary
                    may require reimbursement for contents that are made
                    available under subparagraph (A), in an amount that
                    reflects the cost of acquiring and maintaining such
                    contents and the costs incurred to make available such
                    contents in the time and manner specified by the
                    Secretary. Amounts collected under this subsection shall
                    be credited to the appropriations account or fund that
                    incurred the costs to procure such contents, and shall
                    remain available, without further appropriation, until
                    expended, for the purposes of the appropriation account
                    or fund so credited.
                        ``(C) Rule of construction.--This paragraph shall
                    not be construed to preclude transfers of contents in
                    the stockpile under other authorities.
                        ``(D) Report.--Not later than 2 years after the date
                    of enactment of the PREVENT Pandemics Act, and annually
                    thereafter, the Secretary shall submit to the Committee
                    on Health, Education, Labor, and Pensions and the
                    Committee on Appropriations of the Senate and the
                    Committee on Energy and Commerce and the Committee on
                    Appropriations of the House of Representatives a report
                    on the use of the authority provided under this
                    paragraph, including details of each action taken
                    pursuant to this paragraph, the account or fund to which
                    any collected amounts have been credited, and how the
                    Secretary has used such amounts.
                        ``(E) Sunset.--The authority under this paragraph
                    shall terminate on September 30, 2028.''.
    SEC. 2407. ACTION REPORTING ON STOCKPILE DEPLETION.

        Section 319 of the Public Health Service Act (42 U.S.C. 247d), as
    amended by section 2223, is further amended by adding at the end the
    following:
        ``(h) Stockpile Depletion Reporting.--The Secretary shall, not later
    than 30 days after the deployment of contents of the Strategic National
    Stockpile under section 319F-2(a) to respond to a public health
    emergency declared by the Secretary under this section or an emergency
    or major disaster declared by the President under the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act, and every 30 days
    thereafter until the expiration or termination of such public health
    emergency, emergency, or major disaster, submit a report to the
    Committee on Health,

    [[Page 136 STAT. 5789]]

    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) <<NOTE: Plans.>> 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. <<NOTE: 42 USC 247d-6f.>> 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)  <<NOTE: Contracts.>> 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). <<NOTE: Determination.>> A recipient

    [[Page 136 STAT. 5790]]

            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) <<NOTE: Plan.>> 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) <<NOTE: Outline.>> 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)  <<NOTE: Determination.>> 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. <<NOTE: Applicability.>> 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

    [[Page 136 STAT. 5791]]

            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) <<NOTE: Review. Revision.>> 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)  <<NOTE: Deadline. Update.>> 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,

    [[Page 136 STAT. 5792]]

                    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)  <<NOTE: Update.>> State reports.--Each entity
                    receiving an award under paragraph (1) shall update, as
                    appropriate, the plan established pursuant to paragraph
                    (2)(A)(i) and submit to the Secretary an annual report
                    on implementation of such plan, including any changes to
                    the contents of the stockpile supported under such
                    award. The Secretary shall use information obtained from
                    such reports to inform the maintenance and management of
                    the Strategic National Stockpile pursuant to subsection
                    (a).
                        ``(B) Reports to congress.--Not later than 1 year
                    after the initial issuance of awards pursuant to
                    paragraph (1), and annually thereafter for the duration
                    of the program established under this subsection, the
                    Secretary shall submit to the Committee on Health,
                    Education, Labor, and Pensions and the Committee on
                    Appropriations of the Senate and the Committee on Energy
                    and Commerce and the Committee on Appropriations of the
                    House of Representatives a report on such program,
                    including--
                              ``(i) Federal and State expenditures to
                          support stockpiles under such program;
                              ``(ii) activities conducted pursuant to
                          paragraph (4); and
                              ``(iii) any additional information from the
                          States that the Secretary determines relevant.
                ``(9)  <<NOTE: Time periods.>> 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

    [[Page 136 STAT. 5793]]

    stockpiles established or maintained pursuant to
    this <<NOTE: Assessments.>> 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) <<NOTE: Reports.>> 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)  <<NOTE: Definition.>> 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. <<NOTE: 42 USC 247d-6b note.>> INCREASED MANUFACTURING
                              CAPACITY FOR CERTAIN CRITICAL ANTIBIOTIC
                              DRUGS.

        (a) Program.--
                (1)  <<NOTE: Contracts.>> 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.

    [[Page 136 STAT. 5794]]

                (2) Eligible entities.--To be eligible to receive an award
            under this subsection, an entity shall--
                        (A) <<NOTE: Compliance.>> 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) <<NOTE: Strategic plan.>> 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)  <<NOTE: Applicability.>> Contract terms.--The following
            shall apply to a contract to support increased domestic
            manufacturing capacity under this subsection:
                        (A)  <<NOTE: Determination.>> 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

    [[Page 136 STAT. 5795]]

                    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 <<NOTE: Deadline. Determination.>> 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) <<NOTE: Statement.>> 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)  <<NOTE: Updates.>> 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

    [[Page 136 STAT. 5796]]

                    identified pursuant to subsection (a)(2)(B)(iv) for each
                    such antibiotic drug; and
                        (F) the amount of increased manufacturing capacity
                    for such antibiotic drug that each such contract
                    supports; and
                (3) a description of how such contracts address supply chain
            vulnerabilities, including increasing manufacturing capacity of
            antibiotic drugs in the United States; and
                (4) a description of the strategic plan submitted pursuant
            to subsection (a)(2)(B)(vi) by each recipient of an award under
            subsection (a).

        (c) Rule of Construction.--Nothing in this section shall be
    construed--
                (1) to limit, directly or indirectly, or otherwise impact
            the private distribution, purchase, or sale of antibiotic drugs
            or active pharmaceutical ingredients or key starting materials;
            or
                (2) to authorize the Secretary to disclose any information
            that is a trade secret, or other privileged or confidential
            information subject to section 552(b)(4) of title 5, United
            States Code, or section 1905 of title 18, United States Code.

        (d) Definitions.--For purposes of this section:
                (1) Active pharmaceutical ingredient.--The term ``active
            pharmaceutical ingredient'' has the meaning given such term in
            section 744A of the Federal Food, Drug, and Cosmetic Act (21
            U.S.C. 379j-41).
                (2) Antibiotic drug.--The term ``antibiotic drug'' means an
            antibacterial or antifungal drug approved by the Food and Drug
            Administration under section 505(j) of the Federal Food, Drug,
            and Cosmetic Act (21 U.S.C. 355(j)) that is of significant
            priority to providing health care and is medically necessary to
            have available at all times in an amount adequate to serve
            patient needs.
                (3) Key starting material.--The term ``key starting
            material'' means any component of a drug that the Secretary
            determines to be necessary to the safety and effectiveness of
            the drug.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Health and Human Services.

        (e) Sunset.--The authority to enter into new contracts under this
    section shall cease to be effective 3 years after the date of enactment
    of this Act, and, beginning on the date that is 8 years after the date
    of enactment of this Act, this section shall have no force or effect.

      Subtitle E--Enhancing Development and Combating Shortages of Medical
                                    Products

                        CHAPTER 1--DEVELOPMENT AND REVIEW

    SEC. 2501. ACCELERATING COUNTERMEASURE DEVELOPMENT AND REVIEW.

        Section 565 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    360bbb-4) is amended by adding at the end the following:
        ``(h) Accelerating Countermeasure Development and Review During an
    Emergency.--

    [[Page 136 STAT. 5797]]

                ``(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:

    [[Page 136 STAT. 5798]]

        ``(i) Third Party Evaluation of Tests Used During an Emergency.--
                ``(1)  <<NOTE: Contracts. Recommenda- tions.>> 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)  <<NOTE: Deadlines. 21 USC 360bbb-4 note.>> 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 <<NOTE: Revision.>>  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. <<NOTE: Deadlines. Recommenda- tions.>> 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. <<NOTE: 21 USC 356k.>>  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).

    [[Page 136 STAT. 5799]]

        ``(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)  <<NOTE: Determination.>> 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)  <<NOTE: Determination.>> 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.

    [[Page 136 STAT. 5800]]

        ``(e) Actions.--The Secretary may take actions to expedite the
    development and review of an application for a drug that incorporates or
    utilizes a designated platform technology, including--
                ``(1) engaging in early interactions with the sponsor to
            discuss the use of the designated platform technology and what
            is known about such technology, including data previously
            submitted that is relevant to establishing, as applicable,
            safety or efficacy under section 505(b) of this Act or safety,
            purity, or potency under section 351(a) of the Public Health
            Service Act;
                ``(2) providing timely advice to, and interactive
            communication with, the sponsor regarding the development of the
            drug that proposes to use the designated platform technology to
            ensure that the development program designed to gather data
            necessary for approval or licensure is as efficient as
            practicable, which may include holding meetings with the sponsor
            and the review team throughout the development of the drug; and
                ``(3) considering inspectional findings, including prior
            findings, related to the manufacture of a drug that incorporates
            or utilizes the designated platform technology.

        ``(f) Leveraging Data From Designated Platform Technologies.--The
    Secretary shall, consistent with applicable standards for approval,
    authorization, or licensure under this Act and section 351(a) of the
    Public Health Service Act, allow the sponsor of an application under
    section 505(b) of this Act or section 351(a) of the Public Health
    Service Act or a request for emergency use authorization under section
    564, in order to support approval, licensure, or authorization, to
    reference or rely upon data and information within an application or
    request for a drug or biological product that incorporates or utilizes
    the same platform technology designated under subsection (d), provided
    that--
                ``(1) such data and information was submitted by the same
            sponsor, pursuant to the application for the drug with respect
            to which designation of the designated platform technology under
            subsection (d) was granted; or
                ``(2) the sponsor relying on such data and information
            received a right of reference to such data and information from
            the sponsor described in paragraph (1).

        ``(g) Changes to a Designated Platform Technology.--A sponsor of
    more than one application approved under section 505(b) of this Act or
    section 351(a) of the Public Health Service Act for drugs that
    incorporate or utilize a designated platform technology may submit a
    single supplemental application for proposed changes to the designated
    platform technology that may be applicable to more than one such drug
    that incorporates or utilizes the same designated platform technology.
    Such supplemental application may cross-reference data and information
    submitted in other applications and may include one or more
    comparability protocols regarding how such changes to the platform
    technology would be made for each applicable drug or biological product.
        ``(h) Definitions.--For purposes of this section:
                ``(1) The term `platform technology' means a well-understood
            and reproducible technology, which may include a nucleic acid
            sequence, molecular structure, mechanism of action, delivery
            method, vector, or a combination of any such technologies that
            the Secretary determines to be appropriate, that the sponsor
            demonstrates--

    [[Page 136 STAT. 5801]]

                        ``(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)  <<NOTE: Deadline. 21 USC 356k note.>> 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. <<NOTE: Recommenda- tions. Requirements.>> 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);

    [[Page 136 STAT. 5802]]

                (4) any efficiencies gained in the development,
            manufacturing, and review processes associated with such
            designations; and
                (5) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 21 USC 393 note.>> IMPROVING FDA GUIDANCE AND
                              COMMUNICATION.

        (a) FDA Report and Implementation of Good Guidance Practices.--
    The <<NOTE: Web posting.>> 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) <<NOTE: Implementation plan.>> 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.

    [[Page 136 STAT. 5803]]

        (b) Report and Implementation of FDA Best Practices for
    Communicating With External Stakeholders.-- <<NOTE: Web posting.>> 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) <<NOTE: Implementation plan.>> 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)  <<NOTE: Update.>> 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)  <<NOTE: Deadlines. Publications.>> Timing.--The Secretary
    shall--
                (1) not later than 1 year after the date of enactment of
            this Act, publish a draft of the reports and plans required
            under this section; and
                (2) not later than 180 days after publication of the draft
            reports and plans under paragraph (1)--
                        (A) publish a final report and plan; and
                        (B) begin implementation of the best practices
                    pursuant to such final plan.

                         CHAPTER 2--MITIGATING SHORTAGES

    SEC. 2511. ENSURING REGISTRATION OF FOREIGN DRUG AND DEVICE
                              MANUFACTURERS.

        (a) Registration of Certain Foreign Establishments.--Section 510(i)
    of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)) is
    amended by adding at the end the following:

    [[Page 136 STAT. 5804]]

        ``(5) <<NOTE: Applicability.>> 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)  <<NOTE: Deadline. 21 USC 360 note.>> 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. <<NOTE: Labeling.>>  EXTENDING EXPIRATION DATES FOR
                              CERTAIN DRUGS.

        (a)  <<NOTE: Deadline. Guidance. Revision. 21 USC 355 note.>> 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) <<NOTE: Data.>> 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.

    [[Page 136 STAT. 5805]]

    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. <<NOTE: Deadlines.>> 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)  <<NOTE: Determination.>> 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

    [[Page 136 STAT. 5806]]

    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)  <<NOTE: 21 USC 356j note.>> 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). <<NOTE: Recommenda-
    tions. Timeframes. Processes.>> 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)  <<NOTE: 21 USC 356j note.>> 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). <<NOTE: List.>> 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), <<NOTE: 21 USC 356c.>>  by striking
            ``in paragraph (1)'' and inserting ``in the matter preceding
            paragraph (1)'';
                (2) in section 3112(d)(1), <<NOTE: 21 USC 374.>>  by
            striking ``and subparagraphs (A) and (B)'' and inserting ``as
            subparagraphs (A) and (B)''; and
                (3) in section 3112(e), <<NOTE: 21 USC 360.>>  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)  <<NOTE: 21 USC 356c note.>> 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)''.

    [[Page 136 STAT. 5807]]

    TITLE III-- <<NOTE: Food and Drug Omnibus Reform Act of 2022.>> FOOD AND
    DRUG ADMINISTRATION
    SEC. 3001. <<NOTE: 21 USC 301 note.>>  SHORT TITLE.

        This title may be cited as the ``Food and Drug Omnibus Reform Act of
    2022''.
    SEC. 3002. <<NOTE: 21 USC 350a-1 note.>> DEFINITION.

        In this title, except as otherwise specified, the term ``Secretary''
    means the Secretary of Health and Human Services.

                          Subtitle A--Reauthorizations

    SEC. 3101. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE
                              PARTNERSHIP.

        Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360bbb-5(f)) is amended by striking ``$1,265,753 for the period
    beginning on October 1, 2022 and ending on December 23, 2022'' and
    inserting ``$6,000,000 for each of fiscal years 2023 through 2027''.
    SEC. 3102. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR
                              CHILDREN PROGRAM.

        Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
    284m(d)(1)) is amended by striking ``$5,273,973 for the period beginning
    on October 1, 2022 and ending on December 23, 2022'' and inserting
    ``$25,000,000 for each of fiscal years 2023 through 2027''.
    SEC. 3103. REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMPTION
                              INCENTIVE.

        Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic Act
    (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by striking ``December 24,
    2022'' and inserting ``October 1, 2027''.
    SEC. 3104. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA
                              PROGRAM.

        Section 305(e) of the Food and Drug Administration Amendments Act of
    2007 (Public Law 110-85; 42 U.S.C. 282 note) is amended by striking
    ``$1,107,534 for the period beginning on October 1, 2022, and ending on
    December 23, 2022'' and inserting ``$7,000,000 for each of fiscal years
    2023 through 2027''.
    SEC. 3105. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS
                              CONTAINING SINGLE ENANTIOMERS.

        Section 505(u) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 355(u)) is amended--
                (1) in paragraph (1)(A)(ii)(II), by adding ``(other than
            bioavailability studies)'' after ``any clinical
            investigations''; and
                (2) in paragraph (4), by striking ``December 24, 2022'' and
            inserting ``October 1, 2027''.
    SEC. 3106. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS.

        Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 374(g)(11)) is amended by striking ``December 24, 2022'' and
    inserting ``October 1, 2027''.

    [[Page 136 STAT. 5808]]

    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) <<NOTE: 131 Stat. 1073.>>  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'';

    [[Page 136 STAT. 5809]]

                        (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)  <<NOTE: Review. Notice.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Update.>> 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.'';

    [[Page 136 STAT. 5810]]

                        (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)  <<NOTE: Summary. Time period.>> 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--

    [[Page 136 STAT. 5811]]

                              (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) <<NOTE: Web posting.>> 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)  <<NOTE: Deadline. Publication.>> Guidance.--Not later than 9
    months after the date of enactment of this Act, the Secretary shall
    publish final guidance related to the draft guidance titled, ``Rare
    Diseases: Common Issues in Drug Development'', issued on February 1,
    2019.

        (c) Study on European Union Safety and Efficacy Reviews of Drugs for
    Rare Diseases and Conditions.--
                (1)  <<NOTE: Contracts.>> 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) <<NOTE: Data.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>>  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--

    [[Page 136 STAT. 5812]]

                        (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)  <<NOTE: Web posting.>> 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)  <<NOTE: Deadline.>> 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)  <<NOTE: Public comments.>> 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 <<NOTE: Time
            period.>> docket shall remain open for 60 days following the
            date of each such public meeting.
                (4)  <<NOTE: Web posting.>> 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) <<NOTE: Recommenda- tions.>> 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)  <<NOTE: Assessments.>> 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

    [[Page 136 STAT. 5813]]

            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) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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

    [[Page 136 STAT. 5814]]

                    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. <<NOTE: 21 USC 360bbb-5a.>> 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) <<NOTE: Grants. Contracts.>> 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--

    [[Page 136 STAT. 5815]]

                ``(1) <<NOTE: Update.>> issue or update guidance to help
            facilitate the adoption of, and advance the development of,
            innovative approaches to drug product design and manufacturing;
            and
                ``(2) include in such guidance descriptions of--
                        ``(A) any regulatory requirements related to the
                    development or review of technologies related to
                    innovative approaches to drug product design and
                    manufacturing, including updates and improvements to
                    such technologies after product approval; and
                        ``(B) data that can be used to demonstrate the
                    identity, safety, purity, and potency of drugs
                    manufactured using such technologies.

        ``(c) Report to Congress.--Not later than 4 years after the date of
    enactment of this section, the Secretary shall submit to the Committee
    on Energy and Commerce of the House of Representatives and the Committee
    on Health, Education, Labor, and Pensions of the Senate a report
    containing--
                ``(1) an annual accounting of the allocation of funds made
            available to carry out this section;
                ``(2) a description of how Food and Drug Administration
            staff were utilized to carry out this section and, as
            applicable, any challenges or limitations related to staffing;
                ``(3) the number of public meetings held or participated in
            by the Food and Drug Administration pursuant to this section,
            including meetings convened as part of a working group described
            in subparagraph (D) or (G) of subsection (a)(2), and the topics
            of each such meeting; and
                ``(4) the number of drug products approved or licensed,
            after the date of enactment of this section, using an innovative
            approach to drug product design and manufacturing.''.
    SEC. 3204. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND
                              CONTINUOUS PHARMACEUTICAL MANUFACTURING.

        (a) In General.--Section 3016 of the 21st Century Cures Act (21
    U.S.C. 399h) is amended to read as follows:
    ``SEC. 3016. NATIONAL CENTERS OF EXCELLENCE IN ADVANCED AND
                              CONTINUOUS PHARMACEUTICAL MANUFACTURING.

        ``(a) In General.--The Secretary of Health and Human Services,
    acting through the Commissioner of Food and Drugs--
                ``(1) may, to support the advancement, development, and
            implementation of advanced and continuous pharmaceutical
            manufacturing--
                        ``(A) solicit requests for designation as National
                    Centers of Excellence in Advanced and Continuous
                    Pharmaceutical Manufacturing (in this section referred
                    to as a `National Center of Excellence');
                        ``(B) <<NOTE: Deadline. Designations.>> 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) <<NOTE: Grants.>> award grants to such
                    institutions or consortia of institutions; and

    [[Page 136 STAT. 5816]]

                ``(2) <<NOTE: Designations.>> 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) <<NOTE: Plan. Deadline.>> a plan, to be implemented
            within 2 years, to establish partnerships described in
            subparagraph (A).

        ``(d)  <<NOTE: Designation.>> 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

    [[Page 136 STAT. 5817]]

    Center of Excellence no longer meets the criteria specified in
    subsection (c). <<NOTE: Deadline. Notice.>> 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)  <<NOTE: Requirements. Contracts.>> 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) <<NOTE: Strategic plan.>> 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) <<NOTE: Strategic plan.>> 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) <<NOTE: Reports.>> 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)  <<NOTE: Grants. Contracts.>> 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

    [[Page 136 STAT. 5818]]

            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) <<NOTE: Expenses.>> include in such report an
                    accounting of the Federal administrative expenses
                    described in subsection (i)(2) over the reporting
                    period; and
                        ``(C) <<NOTE: Public information. Web posting.>>
                    make such report available to the public in an easily
                    accessible electronic format on the website of the Food
                    and Drug Administration.
                ``(2)  <<NOTE: Summary.>> 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)  <<NOTE: Plans. Guidance. Regulations.>> Additional
            report to congress.--Not later than 1 year after the date on
            which the first designation is made under subsection (a), the
            Secretary, in consultation with the National Centers of
            Excellence designated under this section, shall submit a report
            to the Congress on the role of the Food and Drug Administration
            in supporting advanced and continuous pharmaceutical
            manufacturing, including--
                        ``(A) a national framework of principles related to
                    the implementation of advanced and continuous
                    pharmaceutical manufacturing;
                        ``(B) a plan for the development of Federal
                    regulations and guidance to support and facilitate the
                    incorporation of advanced or continuous manufacturing
                    into the development of pharmaceuticals;
                        ``(C) a plan for development of Federal regulations
                    or guidance related to the review of advanced and
                    continuous pharmaceutical manufacturing, including how
                    such

    [[Page 136 STAT. 5819]]

                    manufacturing practices may be incorporated into the
                    review of medical product applications; and
                        ``(D) <<NOTE: Summary.>> 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)  <<NOTE: Time periods.>> 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)  <<NOTE: Applicability. 21 USC 399h note.>> 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.

    [[Page 136 STAT. 5820]]

        (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) <<NOTE: 130 Stat. 1034.>> is amended to read as follows:

    ``Sec. 3016. National Centers of Excellence in Advanced and Continuous
               Pharmaceutical Manufacturing.''.

    SEC. 3205. <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>> 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,

    [[Page 136 STAT. 5821]]

    Labor, and Pensions of the Senate and the Committee on Energy and
    Commerce of the House of Representatives.
    SEC. 3208. <<NOTE: 21 USC 360aa note.>>  RARE DISEASE ENDPOINT
                              ADVANCEMENT PILOT PROGRAM.

        (a)  <<NOTE: Procedures.>> 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) <<NOTE: Process.>> developing and implementing a process
            for applying to, and participating in, such a program.

        (b)  <<NOTE: Deadline.>> 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)  <<NOTE: Deadline.>> 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:

    [[Page 136 STAT. 5822]]

        ``(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)  <<NOTE: Web posting.>> 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)  <<NOTE: Deadline.>> Postapproval study
                    conditions.--Not later than the date of approval of a
                    product under accelerated approval, the Secretary shall
                    specify the conditions for a postapproval study or
                    studies required to be conducted under this paragraph
                    with respect to such product, which may include
                    enrollment targets, the study protocol, and milestones,
                    including the target date of study completion.
                        ``(D) Studies begun before approval.--The Secretary
                    may require, as appropriate, a study or studies to be
                    underway prior to approval, or within a specified time
                    period after the date of approval, of the applicable
                    product.''; and
                (2) in paragraph (3)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``(as prescribed by the Secretary in
                    regulations which shall include an opportunity for an
                    informal hearing)'' and inserting ``described in
                    subparagraph (B)'';

    [[Page 136 STAT. 5823]]

                        (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) <<NOTE: Notice.>>  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) <<NOTE: Appeal.>> 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) <<NOTE: Public comment.>> providing an
                          opportunity for public comment on the proposal to
                          withdraw approval;
                              ``(iii) <<NOTE: Summary. Web posting.>>  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) <<NOTE: Consultation.>> 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.

    [[Page 136 STAT. 5824]]

            The Secretary <<NOTE: Web posting.>> 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)  <<NOTE: 21 USC 356 note.>> 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)  <<NOTE: Deadlines.>> 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)  <<NOTE: 21 USC 356-2.>> Accelerated Approval Council.--
                (1)  <<NOTE: Deadline. Establishment.>> 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.

    [[Page 136 STAT. 5825]]

                        (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)  <<NOTE: Public information. Web posting.>> 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)  <<NOTE: 21 USC 356 note.>> 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. <<NOTE: Deadlines. 21 USC 355 note.>> 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

    [[Page 136 STAT. 5826]]

    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)  <<NOTE: Definition.>> Qualified Infectious Disease Product.--
    The term `qualified infectious disease product' means a drug (including
    a biological product), including an antibacterial or antifungal drug,
    for human use that--
                ``(1) acts on bacteria or fungi or on substances produced by
            such bacteria or fungi; and
                ``(2) is intended to treat a serious or life-threatening
            infection, including such an infection caused by--
                        ``(A) an antibacterial or antifungal resistant
                    pathogen, including novel or emerging infectious
                    pathogens; or
                        ``(B) qualifying pathogens listed by the Secretary
                    under subsection (f).''.

        (b) Priority Review.--Section 524A(a) of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 360n-1(a)) is amended by inserting ``of this
    Act, or section 351(a) of the Public Health Service Act, that requires
    clinical data (other than bioavailability studies) to demonstrate safety
    or effectiveness'' before the period.
    SEC. 3213. ADVANCED MANUFACTURING TECHNOLOGIES DESIGNATION
                              PROGRAM.

        Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
    Act (21 U.S.C. 351 et seq.), as amended by title II, is further amended
    by inserting after section 506K the following:
    ``SEC. 506L. <<NOTE: 21 USC 356l.>> ADVANCED MANUFACTURING
                              TECHNOLOGIES DESIGNATION PROGRAM.

        ``(a)  <<NOTE: Deadline.>> 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).

    [[Page 136 STAT. 5827]]

        ``(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)  <<NOTE: Data.>> 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)  <<NOTE: Deadline. Determination.>> 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

    [[Page 136 STAT. 5828]]

            drugs in the same context of use for which the designation was
            granted.

        ``(e) Implementation and Evaluation of Advanced Manufacturing
    Technologies Program.--
                ``(1)  <<NOTE: Federal Register,
            publication. Notice. Deadline. Recommenda- tions.>> 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)  <<NOTE: Deadlines.>> 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)  <<NOTE: Web posting. Evaluations.>> 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) <<NOTE: Analysis.>> An analysis of the factors
                    in data submissions that result in determinations to
                    designate and not to designate after evaluation under
                    subsection (c)(2).

    [[Page 136 STAT. 5829]]

                        ``(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) <<NOTE: Deadlines. Data.>> 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.

    [[Page 136 STAT. 5830]]

                ``(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) <<NOTE: Revisions.>> When the Secretary makes an evaluation
    under subclause (I), the Secretary shall, in revisions made to the list
    pursuant to clause (ii), include such information for such drug.''.
    SEC. 3223. PUBLIC DOCKET ON PROPOSED CHANGES TO THIRD-PARTY
                              VENDORS.

        (a) In General.--
                (1)  <<NOTE: Deadline. Public comment.>> 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)  <<NOTE: Deadline.>> 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

    [[Page 136 STAT. 5831]]

    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. <<NOTE: Revisions. Labeling. Deadlines.>> 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) <<NOTE: Determination.>> 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)  <<NOTE: Establishment. Time period.>> 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.

    [[Page 136 STAT. 5832]]

        (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) <<NOTE: Audit.>> 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) <<NOTE: Applicability.>>  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) <<NOTE: Fees.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: 21 USC 360n-2.>> 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).

    [[Page 136 STAT. 5833]]

        ``(b) Cybersecurity Requirements.--The sponsor of an application or
    submission described in subsection (a) shall--
                ``(1) <<NOTE: Plan.>> 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) <<NOTE: Processes. Procedures. Updates.>> 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) <<NOTE: Compliance.>> 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 <<NOTE: Federal Register,
    publication. Update. List.>> 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)  <<NOTE: 21 USC 331 note.>> 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)  <<NOTE: 21 USC 331 note.>> 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)  <<NOTE: 21 USC 360n-2 note.>> Guidance for Industry and FDA
    Staff on Device Cybersecurity.--
    Not <<NOTE: Deadline. Review. Update.>> later than 2 years after the
    date of enactment of this Act, and periodically thereafter as
    appropriate, the Secretary,

    [[Page 136 STAT. 5834]]

    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)  <<NOTE: Deadline. Updates. Web posting. 21 USC 360n-2
    note.>> Resources Regarding Cybersecurity of Devices.--Not later than
    180 days after the date of enactment of this Act, and not less than
    annually thereafter, the Secretary shall update public information
    provided by the Food and Drug Administration, including on the website
    of the Food and Drug Administration, with information regarding
    improving cybersecurity of devices. Such information shall include
    information on identifying and addressing cyber vulnerabilities for
    health care providers, health systems, and device manufacturers, and how
    such entities may access support through the Cybersecurity and
    Infrastructure Security Agency and other Federal entities, including the
    Department of Health and Human Services, to improve the cybersecurity of
    devices.

        (g)  <<NOTE: Publication.>> 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. <<NOTE: Examinations.>> 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)  <<NOTE: 21 USC 360n-2 note.>> 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)  <<NOTE: 21 USC 360f note.>> 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. <<NOTE: 21 USC 360g-2.>> 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

    [[Page 136 STAT. 5835]]

    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) <<NOTE: Summary.>> 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)  <<NOTE: Web posting.>> 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. <<NOTE: 21 USC 360e-4.>> 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)
            <<NOTE: Requirements. Labeling. Notifications.>> 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).

    [[Page 136 STAT. 5836]]

                ``(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)
            <<NOTE: Requirements. Labeling. Notifications.>> 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)  <<NOTE: Determination.>> 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)  <<NOTE: Summary.>> 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'

    [[Page 136 STAT. 5837]]

                                    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)  <<NOTE: Time
                                    period. Effective
                                    date. Determination.>> 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 <<NOTE: Records. Certifications.>>
                                    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 <<NOTE: Certification. Notice. Federa
                                    l Register, publication.>>  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 <<NOTE: Statement.>> establishment
                                    shall also submit a statement signed by
                                    the head of the establishment's firm or
                                    by its chief financial officer that the
                                    establishment has submitted
                                    certifications for all of its
                                    affiliates, or that the establishment
                                    has no affiliates.

    [[Page 136 STAT. 5838]]

                                        ``(V)  <<NOTE: Deadline.>> 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. <<NOTE: 21 USC 350a-1.>>  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)  <<NOTE: Establishment.>> 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. <<NOTE: Appointment.>>  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)  <<NOTE: Waiver. Time periods. Requirement.>> 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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5839]]

    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)  <<NOTE: Web posting. List.>> 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) <<NOTE: Contracts.>> 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)  <<NOTE: Contracts. Examination. Reports.>> 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) <<NOTE: Assessments. Evaluations.>> 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) <<NOTE: Recommenda- tions.>> include
                          recommendations, including for infant formula
                          manufacturers, on measures to address supply and
                          market competition in the United States.

    [[Page 136 STAT. 5840]]

                        (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)  <<NOTE: Deadline.>> 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)  <<NOTE: Summaries.>> 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) <<NOTE: Estimate.>>  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

    [[Page 136 STAT. 5841]]

                    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) <<NOTE: Deadline.>> The Secretary shall provide a response to
    a submission under this subsection not later than 45 days after
    receiving such submission.''.
                (4)  <<NOTE: Reviews. Deadline.>> 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. <<NOTE: Revision.>>  The Secretary may
            revise the list of nutrients and the required level for any
            nutrient required by the table''.
                (5)  <<NOTE: Deadline.>> Guidance.--Not later than 1 year
            after the date of enactment of this Act, the Secretary shall
            issue guidance regarding information sponsors may consider
            including in submissions required under section 412(d) of the
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(d)),
            including considerations for meeting each of the requirements of
            paragraphs (1), (2), and (3) of subsection (d).
                (6) Technical correction.--Section 412(c)(1)(B) of the
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(c)(1)(B))
            is amended by striking ``subsection (c)(1)'' and inserting
            ``subsection (d)(1)''.

        (h) Response to Recall.--
                (1) Manufacturer submission.--
                        (A) In general.--Promptly after the initiation of a
                    recall of infant formula, the manufacturer of the
                    recalled infant formula shall submit information to the
                    Secretary regarding such recall.
                        (B)  <<NOTE: Plans.>> Contents.--A submission under
                    subparagraph (A) shall include the following:
                              (i) <<NOTE: Timeline.>> 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

    [[Page 136 STAT. 5842]]

                          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) <<NOTE: Estimate.>> 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)  <<NOTE: Deadlines.>> Coordination With Manufacturer.--
                (1) In general.--
                        (A)  <<NOTE: List.>> 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,

    [[Page 136 STAT. 5843]]

                    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. <<NOTE: Contracts. Memorandums.>> 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)  <<NOTE: Deadlines.>> 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)  <<NOTE: Assessments.>> 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) <<NOTE: Plan.>>  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;

    [[Page 136 STAT. 5844]]

                              (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)  <<NOTE: Update. Recommenda- tions.>> 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) <<NOTE: Outline.>> 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. <<NOTE: 21 USC 350m.>>  REQUIREMENTS FOR CRITICAL
                            FOOD.

        ``(a) <<NOTE: Deadlines.>>  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)  <<NOTE: Determination.>> 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)  <<NOTE: Definition.>> 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

    [[Page 136 STAT. 5845]]

                    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)  <<NOTE: Evaluations.>> 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) <<NOTE: Letter.>>  the Secretary shall issue a
                    letter to such person informing such person of such
                    failure; and
                        ``(B) <<NOTE: Deadline. Public information. Web
                    posting.>>  not later than 45 calendar days after the
                    issuance of a letter under subparagraph (A), subject to
                    paragraph (2), the Secretary shall make available to the
                    public on the website of the Food and Drug
                    Administration, with appropriate redactions made to
                    protect the information described in subsection (a)(3)--
                              ``(i) the letter issued under subparagraph
                          (A); and
                              ``(ii) at the request of such person, any
                          response to such letter such person submitted to
                          the Secretary.
                ``(2)  <<NOTE: Determination. Review.>> 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)  <<NOTE: Determinations.>> 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

    [[Page 136 STAT. 5846]]

                    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)  <<NOTE: Time periods.>> 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) <<NOTE: Canada.>> Canada;
                        (B) any country in the European Union; or
                        (C) <<NOTE: Determination.>> 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)  <<NOTE: Web posting.>> 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.

    [[Page 136 STAT. 5847]]

       Subtitle E-- <<NOTE: Modernization of Cosmetics Regulation Act of
    2022.>> Cosmetics
    SEC. 3501. <<NOTE: 21 USC 301 note.>> 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. <<NOTE: 21 USC 364.>>  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.

    [[Page 136 STAT. 5848]]

                        ``(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. <<NOTE: 21 USC 364a.>> 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)  <<NOTE: Records.>> 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)  <<NOTE: Regulations. Determination.>> 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,

    [[Page 136 STAT. 5849]]

    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)  <<NOTE: Time periods.>> 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)  <<NOTE: Definition.>> 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)  <<NOTE: List.>> 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. <<NOTE: Deadline.>>  The responsible person shall ensure that
    the requested information is submitted to the Secretary within 30 days
    of such request. In response to a request under section 552 of title 5,
    United States Code, information submitted to the Secretary under this
    subsection shall be withheld under section 552(b)(3) of title 5, United
    States Code.

        ``(g) Protected Information.--A serious adverse event report
    submitted to the Secretary under this section, including any new medical
    information submitted under subsection (b)(2), or an adverse event
    report, or any new information, voluntarily submitted to the Secretary
    shall be considered to be--
                ``(1) <<NOTE: Statement.>>  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) <<NOTE: Records.>>  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.--

    [[Page 136 STAT. 5850]]

                ``(1)  <<NOTE: Memorandums.>> 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. <<NOTE: 21 USC 364b.>>  GOOD MANUFACTURING PRACTICE.

        ``(a)  <<NOTE: Regulations.>> 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. <<NOTE: Inspection. Records. Compliance.>> 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. <<NOTE: Requirements.>> 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. <<NOTE: Consultation.>> 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)  <<NOTE: Publications. Notice. Deadlines.>> 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.

    [[Page 136 STAT. 5851]]

    ``SEC. 607. <<NOTE: Deadlines. 21 USC 364c.>> REGISTRATION AND
                            PRODUCT LISTING.

        ``(a) Submission of Registration.--
                ``(1)  <<NOTE: Effective dates.>> 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)  <<NOTE: Notification.>> 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

    [[Page 136 STAT. 5852]]

                        ``(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)  <<NOTE: Effective dates.>> 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. <<NOTE: Updates. Time
            period.>> 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)  <<NOTE: Time period.>> 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 <<NOTE: Assignment.>> 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

    [[Page 136 STAT. 5853]]

    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)  <<NOTE: Determinations.>> Suspensions.--
                ``(1) Suspension of registration of a facility.--The
            Secretary may suspend the registration of a facility if the
            Secretary determines that a cosmetic product manufactured or
            processed by a registered facility and distributed in the United
            States has a reasonable probability of causing serious adverse
            health consequences or death to humans and the Secretary has a
            reasonable belief that other products manufactured or processed
            by the facility may be similarly affected because of a failure
            that cannot be isolated to a product or products, or is
            sufficiently pervasive to raise concerns about other products
            manufactured in the facility.
                ``(2) Notice of suspension.--Before suspending a facility
            registration under this section, the Secretary shall provide--
                        ``(A) notice to the facility registrant of the
                    cosmetic product or other responsible person, as
                    appropriate, of the intent to suspend the facility
                    registration, which shall specify the basis of the
                    determination by the Secretary that the facility
                    registration should be suspended; and
                        ``(B) <<NOTE: Plan.>> 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)  <<NOTE: Requirement.>> 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 <<NOTE: Review.>> 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.

    [[Page 136 STAT. 5854]]

                ``(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. <<NOTE: Records. 21 USC 364d.>> 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. <<NOTE: 21 USC 364e.>>  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)  <<NOTE: Determination. Regulations.>> 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. <<NOTE: Notice. Regulations. Deadlines.>> 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

    [[Page 136 STAT. 5855]]

    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) <<NOTE: Statement.>> 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. <<NOTE: 21 USC 364f.>>  RECORDS.

        ``(a)  <<NOTE: Notice. Determination.>> 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. <<NOTE: 21 USC 364g.>> MANDATORY RECALL AUTHORITY.

        ``(a)  <<NOTE: Determinations.>> 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 <<NOTE: Requirements.>> 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

    [[Page 136 STAT. 5856]]

    may, by order, require, as the Secretary determines necessary, such
    person to immediately cease distribution of such article.

        ``(b)  <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> vacate the order, if the
            Secretary determines that inadequate grounds exist to support
            the actions required by the order;
                ``(2) <<NOTE: Continuation.>> continue the order ceasing
            distribution of the cosmetic until a date specified in such
            order; or

            ``(3) <<NOTE: Requirements. Notifications. Schedule. Updates.>> a
            mend 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)  <<NOTE: Determination. Notice.>> 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) <<NOTE: Web posting.>>  ensure publication, as
            appropriate, on the website of the Food and Drug Administration
            of an image of the cosmetic that is the subject of the press
            release described in paragraph (1), if available.

        ``(g) No Delegation.--The authority conferred by this section to
    order a recall or vacate a recall order shall not be delegated to any
    officer or employee other than the Commissioner.
        ``(h) Effect.--Nothing in this section shall affect the authority of
    the Secretary to request or participate in a voluntary recall, or to
    issue an order to cease distribution or to recall under any other
    provision of this chapter.

    [[Page 136 STAT. 5857]]

    ``SEC. 612. <<NOTE: Time periods. 21 USC 364h.>>  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. <<NOTE: 21 USC 364i.>> 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. <<NOTE: 21 USC 364j.>> 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

    [[Page 136 STAT. 5858]]

    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))--

    [[Page 136 STAT. 5859]]

                              (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) <<NOTE: 21 USC 331 note.>>  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) <<NOTE: 21 USC 364e note.>>  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) <<NOTE: 21 USC 364 note.>>  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. <<NOTE: Deadlines. Regulations. 21 USC 364d note.>>
                              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) <<NOTE: Assessment.>>  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.

    [[Page 136 STAT. 5860]]

        (b) <<NOTE: Web posting. Summary.>>  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. <<NOTE: Time periods.>>  FUNDING.

        There is authorized to be appropriated $14,200,000 for fiscal year
    2023, $25,960,000 for fiscal year 2024, and $41,890,000 for each of
    fiscal years 2025 through 2027, for purposes of conducting the
    activities under this subtitle (including the amendments made by this
    subtitle) and hiring personnel required to carry out this subtitle
    (including the amendments made by this subtitle).

                      Subtitle F--Cross-Cutting Provisions

              CHAPTER 1--CLINICAL TRIAL DIVERSITY AND MODERNIZATION

    SEC. 3601. DIVERSITY ACTION PLANS FOR CLINICAL STUDIES.

        (a) Drugs.--Section 505 of the Federal Food, Drug, and Cosmetic Act
    (21 U.S.C. 355) is amended by adding at the end the following:
        ``(z)(1) With respect to a clinical investigation of a new drug that
    is a phase 3 study, as defined in section 312.21(c) of title 21, Code of
    Federal Regulations (or successor regulations), or, as appropriate,
    another pivotal study of a new drug (other than bioavailability or
    bioequivalence studies), the sponsor of such drug shall submit to the
    Secretary a diversity action plan.
        ``(2) Such diversity action plan shall include--
                ``(A) the sponsor's goals for enrollment in such clinical
            study;
                ``(B) the sponsor's rationale for such goals; and
                ``(C) an explanation of how the sponsor intends to meet such
            goals.

        ``(3) <<NOTE: Guidance. Deadline.>>  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) <<NOTE: Waiver authority. Determination.>>  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

    [[Page 136 STAT. 5861]]

    would otherwise be impracticable, or if such waiver is necessary to
    protect public health during a public health emergency.

        ``(B) <<NOTE: Deadline.>>  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) <<NOTE: Waiver authority. Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Update. 21 USC 355 note.>>  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

    [[Page 136 STAT. 5862]]

            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) <<NOTE: Deadlines. 21 USC 355 note.>>  Issuance.--The Secretary
    shall--

    [[Page 136 STAT. 5863]]

                (1) <<NOTE: Update.>>  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) <<NOTE: Public comments.>>  not later than 9 months
            after closing the comment period on such draft guidance,
            finalize such guidance.

        (c) <<NOTE: Effective date. 21 USC 355 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Public comment.>>  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 <<NOTE: Time period.>>  public comment period shall remain
    open for 60 days following the date on which each public workshop is
    convened.

    [[Page 136 STAT. 5864]]

        (c) <<NOTE: Public information. Web posting.>>  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 <<NOTE: Summary. Recommenda- tions.>>  report shall include a
    summary of topics and responses to any recommendations raised in such
    workshop.
    SEC. 3604. <<NOTE: 21 USC 355 note.>>  ANNUAL SUMMARY REPORT ON
                              PROGRESS TO INCREASE DIVERSITY IN
                              CLINICAL STUDIES.

        (a) <<NOTE: Public information. Web posting.>>  In General.--
    Beginning not later than 2 years after the date of enactment of this
    Act, and each year thereafter, the Secretary shall submit to the
    Congress, and publish on the public website of the Food and Drug
    Administration, a report that--
                (1) summarizes, in aggregate, the diversity action plans
            received pursuant to section 505(z) or 520(g)(9) of the Federal
            Food, Drug, and Cosmetic Act, as added by section 3601; and
                (2) contains information, in the aggregate, on--
                        (A) for drugs, biological products, and devices
                    approved, licensed, cleared, or classified under section
                    505, 515, 510(k), or 513(f)(2) of the Federal Food,
                    Drug, and Cosmetic Act (21 U.S.C. 355; 360e; 360(k); and
                    360(f)(2)), or section 351(a) of the Public Health
                    Service Act (42 U.S.C. 262(a)), whether the clinical
                    studies conducted with respect to such applications met
                    the demographic subgroup enrollment goals from the
                    diversity action plan submitted for such applications;
                    and
                        (B) the reasons provided, if any, for why enrollment
                    goals from submitted diversity action plans were not
                    met.

        (b) Confidentiality.--Nothing in this section shall be construed as
    authorizing the Secretary to disclose any information that is a trade
    secret or confidential information subject to section 552(b)(4) of title
    5, United States Code, or section 1905 of title 18, United States Code.
    SEC. 3605. <<NOTE: Recommenda- tions.>>  PUBLIC MEETING ON
                              CLINICAL STUDY FLEXIBILITIES INITIATED
                              IN RESPONSE TO COVID-19 PANDEMIC.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Web posting. Reports.>>  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;

    [[Page 136 STAT. 5865]]

                (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. <<NOTE: Recommenda- tions. 21 USC 360a-1 note.>>
                              DECENTRALIZED CLINICAL STUDIES.

        (a) <<NOTE: Deadlines.>>  Guidance.--The Secretary shall--
                (1) <<NOTE: Revision.>>  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) <<NOTE: Data.>>  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) <<NOTE: Evaluation. Data.>>  Recommendations with
            respect to the evaluation of data collected within a
            decentralized clinical study setting.
                (4) <<NOTE: Data.>>  Recommendations for methods of remote
            data collection, including clinical trial participant experience
            data, through the use of digital health technologies,
            telemedicine, local laboratories, local health care providers,
            or other options for data collection.

    [[Page 136 STAT. 5866]]

                (5) <<NOTE: Data.>>  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) <<NOTE: Data.>>  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) <<NOTE: Assessment. Evaluation. Data.>>  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. <<NOTE: Deadlines. Revisions. Guidance. Reviews. Recommen
                              da- tions. 21 USC 360a-1 note.>>
                              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

    [[Page 136 STAT. 5867]]

            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

    [[Page 136 STAT. 5868]]

                    to, and the use of, digital health technologies in
                    clinical trials by people with disabilities and
                    pediatric populations.

        (b) Seamless and Concurrent Clinical Trials.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall issue or revise draft
            guidance on the use of seamless, concurrent, and other
            innovative clinical trial designs to support the expedited
            development and review of applications for drugs, as
            appropriate. Not later than 18 months after the public comment
            period on such draft guidance ends, the Secretary shall issue a
            revised draft guidance or final guidance.
                (2) Content.--The guidance described in paragraph (1) shall
            include--
                        (A) recommendations on the use of expansion cohorts
                    and other seamless clinical trial designs to assess
                    different aspects of product candidates in one
                    continuous trial, including how such clinical trial
                    designs can be used as part of meeting the substantial
                    evidence standard under section 505(d) of the Federal
                    Food, Drug, and Cosmetic Act (21 U.S.C. 355(d));
                        (B) recommendations on the use of clinical trial
                    designs that involve the concurrent conduct of different
                    or multiple clinical trial phases, and the concurrent
                    conduct of preclinical testing, to expedite the
                    development of new drugs and facilitate the timely
                    collection of data;
                        (C) <<NOTE: Analysis.>>  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) <<NOTE: Memorandums.>>  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.

    [[Page 136 STAT. 5869]]

                             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) <<NOTE: 21 USC 374 note.>>  Guidance.--
                        (A) <<NOTE: Update.>>  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) <<NOTE: Deadlines.>>  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. <<NOTE: Records.>>  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.

    [[Page 136 STAT. 5870]]

        ``(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.

    [[Page 136 STAT. 5871]]

        ``(E) <<NOTE: Studies.>>  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) <<NOTE: Determination.>>  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) <<NOTE: 21 USC 374 note.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Deadlines.>>  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).

    [[Page 136 STAT. 5872]]

    SEC. 3613. IMPROVING FOOD AND DRUG ADMINISTRATION INSPECTIONS.

        (a) Risk Factors for Establishments.--Section 510(h)(4) of the
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)(4)) is amended--
                (1) by redesignating subparagraph (F) as subparagraph (G);
            and
                (2) by inserting after subparagraph (E) the following:
                        ``(F) The compliance history of establishments in
                    the country or region in which the establishment is
                    located that are subject to regulation under this Act,
                    including the history of violations related to products
                    exported from such country or region that are subject to
                    such regulation.''.

        (b) Use of Records.--Section 704(a)(4) of the Federal Food, Drug,
    and Cosmetic Act (21 U.S.C. 374(a)(4)) is amended--
                (1) by redesignating subparagraph (C) as subparagraph (D);
            and
                (2) by inserting after subparagraph (B) the following:

        ``(C) The Secretary may rely on any records or other information
    that the Secretary may inspect under this section to satisfy
    requirements that may pertain to a preapproval or risk-based
    surveillance inspection, or to resolve deficiencies identified during
    such inspections, if applicable and appropriate.''.
        (c) Recognition of Foreign Government Inspections.--Section 809 of
    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) is amended--
                (1) in subsection (a)(1), by inserting ``preapproval or''
            before ``risk-based inspections''; and
                (2) by adding at the end the following:

        ``(c) Periodic Review.--
                ``(1) <<NOTE: Deadline. Assessments.>>  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

    [[Page 136 STAT. 5873]]

                (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. <<NOTE: 21 USC 374 note.>>  UNANNOUNCED FOREIGN
                              FACILITY INSPECTIONS PILOT PROGRAM.

        (a) <<NOTE: Evaluations.>>  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;

    [[Page 136 STAT. 5874]]

                (2) <<NOTE: Cost benefits.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Public information. Web posting. Recommenda- tions.>>
    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. <<NOTE: Time period.>>
    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

    [[Page 136 STAT. 5875]]

    the date of enactment of the Food and Drug Omnibus Reform Act of
    2022. <<NOTE: Effective date.>>  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) <<NOTE: 21 USC 356c-1 note.>>  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) <<NOTE: Time period.>>  the number of
                    domestic and foreign establishments registered pursuant
                    to this section in the previous fiscal year;
                        ``(ii) the number of such registered establishments
                    in each region of interest;
                        ``(iii) the number of such domestic establishments
                    and the number of such foreign establishments, including
                    the number of establishments in each region of interest,
                    that the Secretary inspected in the previous fiscal
                    year;
                        ``(iv) the number of inspections to support actions
                    by the Secretary on applications under section 505 of
                    this Act or section 351 of the Public Health Service
                    Act, including the number of inspections to support
                    actions by the Secretary on supplemental applications,
                    including changes to manufacturing processes, the
                    Secretary conducted in the previous fiscal year;
                        ``(v) the number of routine surveillance inspections
                    the Secretary conducted in the previous fiscal year,
                    including in each region of interest;
                        ``(vi) the number of for-cause inspections the
                    Secretary conducted in the previous fiscal year, not
                    including inspections described in clause (iv),
                    including in each region of interest; and
                        ``(vii) the number of inspections the Secretary has
                    recognized pursuant to an agreement entered into
                    pursuant to section 809, or otherwise recognized, for
                    each of the types of inspections described in clauses
                    (v) and (vi),

    [[Page 136 STAT. 5876]]

                    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) <<NOTE: Definition.>>  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 <<NOTE: Public information. Web posting. Time period.>>  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

    [[Page 136 STAT. 5877]]

            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) <<NOTE: Definitions.>>  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) <<NOTE: Waiver authority.>>  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)''.

    [[Page 136 STAT. 5878]]

    SEC. 3622. <<NOTE: Deadline.>>  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) <<NOTE: Review. Update.>>  review and, as appropriate,
            update the Women's Health Research Roadmap issued in December
            2015; and
                (2) <<NOTE: Briefing.>>  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. <<NOTE: 21 USC 379d-3b.>>  STRATEGIC WORKFORCE PLAN
                              AND REPORT.

        ``(a) <<NOTE: Public information. Web posting. Strategy.>>  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.-- <<NOTE: Update.>> 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

    [[Page 136 STAT. 5879]]

                ``(5) define functions, capabilities, and gaps in such
            workforce and identify strategies to recruit, hire, train,
            develop, and retain such workforce.

        ``(d) Considerations.--In developing each Food and Drug
    Administration Strategic Workforce Plan under subsection (a), the
    Secretary shall consider--
                ``(1) the number of employees (including senior leadership
            and non-senior leadership employees) eligible for retirement,
            the expertise of such employees, and the employing center of
            such employees;
                ``(2) the vacancy and turnover rates for employees with
            different types of expertise and from different centers,
            including any changes or trends related to such rates;
                ``(3) the results of the Federal Employee Viewpoint Survey
            for employees of the Food and Drug Administration, including any
            changes or trends related to such results;
                ``(4) rates of pay for different types of positions,
            including rates for different types of expertise within the same
            field (such as differences in pay between different medical
            specialists), and how such rates of pay impact the ability of
            the Secretary to achieve the strategic goals and priorities
            described in subsection (c);
                ``(5) the statutory hiring authorities used to hire Food and
            Drug Administration employees, and the time to hire across
            different hiring authorities; and
                ``(6) any other timely and relevant information, as the
            Secretary determines appropriate.

        ``(e) Evaluation of Progress.--Each Food and Drug Administration
    Strategic Workforce Plan issued pursuant to subsection (a), with the
    exception of the first such Food and Drug Administration Strategic
    Workforce Plan, shall include an evaluation of--
                ``(1) the progress the Secretary has made, based on the
            performance measures, benchmarks, and other elements that
            measure successful recruitment, hiring, training, development,
            and retention activities; and
                ``(2) whether actions taken in response to the Plan improved
            the capacity of the Food and Drug Administration to achieve the
            strategic goals and priorities described in subsection (c)(1).

        ``(f) Additional Considerations.--The Food and Drug Administration
    Strategic Workforce Plan issued in fiscal year 2023 shall address the
    effect of the COVID-19 pandemic on hiring, retention, and other
    workforce challenges for the Food and Drug Administration, including
    protecting such workforce during public health emergencies.''.
    SEC. 3624. ENHANCING FOOD AND DRUG ADMINISTRATION HIRING AUTHORITY
                              FOR SCIENTIFIC, TECHNICAL, AND
                              PROFESSIONAL PERSONNEL.

        Section 714A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    379d-3a) is amended--
                (1) in subsection (a)--
                        (A) by inserting ``, including cross-cutting
                    operational positions,'' after ``professional
                    positions''; and
                        (B) by inserting ``and the regulation of food and
                    cosmetics'' after ``medical products''; and
                (2) in subsection (d)(1)--
                        (A) in the matter preceding subparagraph (A)--

    [[Page 136 STAT. 5880]]

                              (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) <<NOTE: Analysis. Plan.>>  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. <<NOTE: Time periods.>>  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)--

    [[Page 136 STAT. 5881]]

                        (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

    [[Page 136 STAT. 5882]]

                                    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) <<NOTE: 131
            Stat. 1090.>>  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) <<NOTE: 21 USC 379j note.>>  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).

    [[Page 136 STAT. 5883]]

    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) <<NOTE: Time
                          periods. Determination. Public information. Web
                          posting.>>  For fiscal years 2023 and 2024, of the
                          meeting requests from sponsors for which the
                          Secretary has determined that a face-to-face
                          meeting is appropriate, the number of face-to-face
                          meetings requested by sponsors to be conducted in
                          person (in such manner as the Secretary shall
                          prescribe on the website of the Food and Drug
                          Administration), and the number of such in-person
                          meetings granted by the Secretary, with both such
                          numbers disaggregated by the relevant agency
                          center.''; and
                        (C) in paragraph (4)--
                              (i) by amending subparagraph (A) to read as
                          follows:
                        ``(A) data, analysis, and discussion of the changes
                    in the number of individuals hired as agreed upon in the
                    letters described in section 1001(b) of the Prescription
                    Drug User Fee Amendments of 2022 and the number of
                    remaining vacancies, the number of full-time equivalents
                    funded by fees collected pursuant to section 736, and
                    the number of full-time equivalents funded by budget
                    authority at the Food and Drug Administration by each
                    division within the Center for Drug Evaluation and
                    Research, the Center for Biologics Evaluation and
                    Research, the Office of Regulatory Affairs, and the
                    Office of the Commissioner;'';
                              (ii) by amending subparagraph (B) to read as
                          follows:
                        ``(B) data, analysis, and discussion of the changes
                    in the fee revenue amounts and costs for the process for
                    the review of human drug applications, including
                    identifying--
                              ``(i) drivers of such changes; and

    [[Page 136 STAT. 5884]]

                              ``(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)--

    [[Page 136 STAT. 5885]]

                              (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--

    [[Page 136 STAT. 5886]]

                        (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

    [[Page 136 STAT. 5887]]

                    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) <<NOTE: Notice. Federal Register,
                    publication.>>  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) <<NOTE: Time period.>>  provide a period of 30
                    days after the public meeting to obtain written comments
                    from the public suggesting changes to this part; and
                        ``(D) <<NOTE: Web posting.>>  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) <<NOTE: Web posting. Deadline.>>  Public
                    availability.--The Secretary shall make publicly
                    available, on the public website of the Food and

    [[Page 136 STAT. 5888]]

                    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) <<NOTE: Summary.>>  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) <<NOTE: 21 USC 393 note.>>  FDA Strategic Information Technology
    Plan.--
                (1) <<NOTE: Deadlines. Public information. Web posting.>>
            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) <<NOTE: Inventory. Assessment. Analysis.>>  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.

    [[Page 136 STAT. 5889]]

                (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) <<NOTE: Assessments.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tions.>>  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--

    [[Page 136 STAT. 5890]]

                (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) <<NOTE: Procedures.>>  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

    [[Page 136 STAT. 5891]]

    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) <<NOTE: Assessment.>>  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. <<NOTE: 21 USC 355 note.>>  FACILITATING THE USE OF
                              REAL WORLD EVIDENCE.

        (a) <<NOTE: Deadline. Revision. Data.>>  Guidance.--Not later than 1
    year after the date of enactment of this Act, the Secretary shall issue
    or revise existing guidance on considerations for the use of real world
    data and real world evidence to support regulatory decision-making, as
    follows:
                (1) With respect to drugs, such guidance shall address the
            use of such data and evidence to support the approval of a drug
            application under section 505 of the Federal Food, Drug, and
            Cosmetic Act (21 U.S.C. 355) or a biological product application
            under section 351 of the Public Health Service Act (42 U.S.C.
            262), and to support an investigational use exemption submission
            under section 505(i) of the Federal Food, Drug, and Cosmetic Act
            (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
            Service Act (42 U.S.C. 262(a)(3)). Such guidance shall include
            considerations for the inclusion, in such applications and
            submissions, of real world data and real world evidence obtained
            as a result of the use of drugs authorized for emergency use
            under section 564 of the Federal Food, Drug, and Cosmetic Act
            (21 U.S.C. 360bbb-3), and considerations for standards and
            methodologies for collection and analysis

    [[Page 136 STAT. 5892]]

            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) <<NOTE: Summary.>>  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'').

    [[Page 136 STAT. 5893]]

    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) <<NOTE: Labeling.>>  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) <<NOTE: Statement.>>  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

    [[Page 136 STAT. 5894]]

                          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) <<NOTE: Statement. Records. Labeling.>>
                    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) <<NOTE: Updates.>>  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) <<NOTE: Definition.>>  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,

    [[Page 136 STAT. 5895]]

    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 <<NOTE: Analyses.>>  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. <<NOTE: 42 USC 247d-12 note.>>  STREAMLINING BLOOD
                              DONOR INPUT.

        Chapter 35 of title 44, United States Code, shall not apply to the
    collection of information to which a response is voluntary and that is
    initiated by the Secretary to solicit information from blood donors or
    potential blood donors to support the development of recommendations by
    the Secretary, acting through the Commissioner of Food and Drugs,
    concerning blood donation.

                          TITLE IV--MEDICARE PROVISIONS

                         Subtitle A--Medicare Extenders

    SEC. 4101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
                              ADJUSTMENT FOR CERTAIN LOW-VOLUME
                              HOSPITALS.

        (a) In General.--Section 1886(d)(12) of the Social Security Act (42
    U.S.C. 1395ww(d)(12)) is amended--
                (1) in subparagraph (B), in the matter preceding clause (i),
            by striking ``during the portion of fiscal year 2023 beginning
            on December 24, 2022, and ending on September 30, 2023, and in
            fiscal year 2024'' and inserting ``in fiscal year 2025'';
                (2) in subparagraph (C)(i)--
                        (A) in the matter preceding subclause (I)--
                              (i) by striking ``or portion of a fiscal
                          year''; and
                              (ii) by striking ``through 2022 and the
                          portion of fiscal year 2023 beginning on October
                          1, 2022, and ending on December 23, 2022' '' and
                          inserting ``through 2024'';
                        (B) in subclause (III), by striking ``through 2022
                    and the portion of fiscal year 2023 beginning on October
                    1,

    [[Page 136 STAT. 5896]]

                    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) <<NOTE: 42 USC 1395ww note.>>  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.

    [[Page 136 STAT. 5897]]

                 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

    [[Page 136 STAT. 5898]]

                        ``(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. <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5899]]

            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.--
    <<NOTE: Continuations.>> Section 1834(m)(9) of the Social Security Act
    (42 U.S.C. 1395m(m)(9)) is amended by striking ``The Secretary shall
    continue to provide coverage and payment under this part for telehealth
    services identified in paragraph (4)(F)(i) as of the date of the
    enactment of this paragraph that are furnished via an audio-only
    telecommunications system during the 151-day period beginning on the
    first day after the end of the emergency period described in section
    1135(g)(1)(B)'' and inserting ``In the case that the emergency period
    described in section 1135(g)(1)(B) ends before December 31, 2024, the
    Secretary shall continue to provide coverage and payment under this part
    for telehealth services identified in paragraph (4)(F)(i) as of the date
    of the enactment of this paragraph that are furnished via an audio-only
    communications system during the period beginning on the first day after
    the end of such emergency period and ending on December 31, 2024''.

        (f) Use of Telehealth to Conduct Face-to-face Encounter Prior to
    Recertification of Eligibility for Hospice Care During Emergency
    Period.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42
    U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by striking ``and during the
    151-day period beginning on the first day after the end of such
    emergency period'' and inserting ``and, in the case that such emergency
    period ends before December 31, 2024, during the period beginning on the
    first day after the end of such emergency period described in such
    section 1135(g)(1)(B) and ending on December 31, 2024''.
        (g) Study on Telehealth and Medicare Program Integrity.--

    [[Page 136 STAT. 5900]]

                (1) <<NOTE: Reviews.>>  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) <<NOTE: Analysis.>>  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.

    [[Page 136 STAT. 5901]]

                        (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) <<NOTE: 42 USC 1395f note.>>  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:

    [[Page 136 STAT. 5902]]

                ``(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;

    [[Page 136 STAT. 5903]]

                        ``(C) after obtaining such a degree has performed at
                    least 2 years of clinical supervised experience in
                    mental health counseling; and
                        ``(D) meets such other requirements as specified by
                    the Secretary.''.
                (3) Amount of payment.--Section 1833(a)(1) of the Social
            Security Act (42 U.S.C. 1395l(a)(1)), as amended by section
            11101(b) of Public Law 117-169, is further amended--
                        (A) by striking ``, and (EE)'' and inserting
                    ``(EE)''; and
                        (B) by inserting before the semicolon at the end the
                    following: ``and (FF) with respect to marriage and
                    family therapist services and mental health counselor
                    services under section 1861(s)(2)(II), the amounts paid
                    shall be 80 percent of the lesser of the actual charge
                    for the services or 75 percent of the amount determined
                    for payment of a psychologist under subparagraph (L)''.
                (4) Exclusion of marriage and family therapist services and
            mental health counselor services from skilled nursing facility
            prospective payment system.--Section 1888(e)(2)(A)(ii) of the
            Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
            by inserting ``marriage and family therapist services (as
            defined in section 1861(lll)(1)), mental health counselor
            services (as defined in section 1861(lll)(3)),'' after
            ``qualified psychologist services,''.
                (5) Inclusion of marriage and family therapists and mental
            health counselors as practitioners for assignment of claims.--
            Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C.
            1395u(b)(18)(C)) is amended by adding at the end the following
            new clauses:
                ``(vii) A marriage and family therapist (as defined in
            section 1861(lll)(2)).
                ``(viii) A mental health counselor (as defined in section
            1861(lll)(4)).''.

        (b) Coverage of Certain Mental Health Services Provided in Certain
    Settings.--
                (1) Rural health clinics and federally qualified health
            centers.--Section 1861(aa)(1)(B) of the Social Security Act (42
            U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a
            clinical social worker (as defined in subsection (hh)(1))'' and
            inserting ``, by a clinical social worker (as defined in
            subsection (hh)(1)), by a marriage and family therapist (as
            defined in subsection (lll)(2)), or by a mental health counselor
            (as defined in subsection (lll)(4))''.
                (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the
            Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is
            amended by inserting ``, marriage and family therapist, or
            mental health counselor'' after ``social worker''.

        (c) <<NOTE: 42 USC 1395l note.>>  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)'';

    [[Page 136 STAT. 5904]]

                (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) <<NOTE: Effective date.>>  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) <<NOTE: Notification. Deadline.>>
                          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. <<NOTE: Effective date.>>  Such increase
                          shall be effective beginning July 1 of such fiscal
                          year.
                        ``(B) <<NOTE: Applicability.>>  Distribution.--For
                    purposes of providing an increase in the otherwise
                    applicable resident limit under subparagraph (A), the
                    following shall apply:
                              ``(i) <<NOTE: Determinations.>>
                          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

    [[Page 136 STAT. 5905]]

                                            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

    [[Page 136 STAT. 5906]]

                    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) <<NOTE: Effective date.>>  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),''.

    [[Page 136 STAT. 5907]]

    SEC. 4123. <<NOTE: Deadlines.>>  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) <<NOTE: Effective dates.>>  Payment for psychotherapy
            for crisis services furnished in an applicable site of
            service.--
                        ``(A) In general.--The Secretary shall establish new
                    HCPCS codes under the fee schedule established under
                    this subsection for services described in subparagraph
                    (B) that are furnished on or after January 1, 2024.
                        ``(B) Services described.--The services described in
                    this subparagraph are psychotherapy for crisis services
                    that are a furnished in an applicable site of service.
                        ``(C) Amount of payment.--For services described in
                    subparagraph (B) that are furnished to an individual in
                    a year (beginning with 2024), in lieu of the fee
                    schedule amount that would otherwise be determined under
                    this subsection for such year, the fee schedule amount
                    for such services for such year shall be equal to 150
                    percent of the fee schedule amount for non-facility
                    sites of service for such year determined for services
                    identified, as of January 1, 2022, by HCPCS codes 90839
                    and 90840 (and any succeeding codes).
                        ``(D) Definitions.--In this paragraph:
                              ``(i) Applicable site of service.--The term
                          `applicable site of service' means a site of
                          service other than a site where the facility rate
                          under the fee schedule under this subsection
                          applies and other than an office setting.
                              ``(ii) Psychotherapy for crisis services.--The
                          code descriptions for services described in
                          subparagraph (B) shall be the same as the code
                          descriptions for services identified, as of
                          January 1, 2022, by HCPCS codes 90839 and 90840
                          (and any succeeding codes), except that such new
                          codes shall be limited to services furnished in an
                          applicable site of service.''.
                (2) Waiver of budget neutrality.--Section 1848(c)(2)(B)(iv)
            of such Act (42 U.S.C. 1395w-4(c)(2)(B)(iv)) is amended--
                        (A) in subclause (IV), by striking ``and'' at the
                    end;
                        (B) in subclause (V), by striking the period at the
                    end and inserting ``; and'' and
                        (C) by adding at the end the following new
                    subclause:
                                        ``(VI) subsection (b)(12) shall not
                                    be taken into account in applying clause
                                    (ii)(II) for 2024.''.

        (b) <<NOTE: 42 USC 1395w-4 note.>>  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.

    [[Page 136 STAT. 5908]]

        (c) <<NOTE: 42 USC 1395w-4 note.>>  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.-- <<NOTE: 42
    USC 1395w-4 note.>> 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) <<NOTE: 42 USC 1395w-4 note.>>  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''.

    [[Page 136 STAT. 5909]]

                (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.

    [[Page 136 STAT. 5910]]

                        ``(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) <<NOTE: 42 USC 1395k note.>>  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) <<NOTE: Revisions.>>  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. <<NOTE: Deadline.>>  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) <<NOTE: Regulations.>>  In general.--
                          Notwithstanding the preceding paragraphs of this
                          subsection or section 124 of the

    [[Page 136 STAT. 5911]]

                          Medicare, Medicaid, and SCHIP Balanced Budget
                          Refinement Act of 1999, for rate year 2025 (and
                          for any subsequent rate year, if determined
                          appropriate by the Secretary), the Secretary
                          shall, by regulation, implement revisions to the
                          methodology for determining the payment rates
                          under the system described in paragraph (1) for
                          psychiatric hospitals and psychiatric units, as
                          the Secretary determines to be appropriate. Such
                          revisions may be based on a review of data and
                          information collected under subparagraph (A).
                              ``(ii) Review.--The Secretary may make
                          revisions to the diagnosis-related group
                          classifications, in accordance with subsection
                          (d)(4)(C), to reflect nursing and staff resource
                          use and costs involved in furnishing services at
                          such hospitals and units, including considerations
                          for patient complexity and prior admission to an
                          inpatient psychiatric facility, which may be based
                          on review of data and information collected under
                          subparagraph (A), as the Secretary determines to
                          be appropriate.
                              ``(iii) Budget neutrality.--Revisions in
                          payment implemented pursuant to clause (i) for a
                          rate year shall result in the same estimated
                          amount of aggregate expenditures under this title
                          for psychiatric hospitals and psychiatric units
                          furnished in the rate year as would have been made
                          under this title for such care in such rate year
                          if such revisions had not been implemented.''.

        (b) Improvements Through Standardized Patient Assessment Data.--
    Section 1886(s) of the Social Security Act (42 U.S.C. 1395ww(s)), as
    amended by subsection (a), is further amended--
                (1) in paragraph (4)--
                        (A) in subparagraph (A)(i), by striking
                    ``subparagraph (C)'' and inserting ``subparagraphs (C)
                    and (E)'';
                        (B) by redesignating subparagraph (E) as
                    subparagraph (F);
                        (C) by inserting after subparagraph (D) the
                    following new subparagraph:
                        ``(E) Standardized patient assessment data.--
                              ``(i) In general.--For rate year 2028 and each
                          subsequent rate year, in addition to such data on
                          the quality measures described in subparagraph
                          (C), each psychiatric hospital and psychiatric
                          unit shall submit to the Secretary, through the
                          use of a standardized assessment instrument
                          implemented under clause (iii), the standardized
                          patient assessment data described in clause (ii).
                          Such data shall be submitted with respect to
                          admission and discharge of an individual (and may
                          be submitted more frequently as the Secretary
                          determines appropriate).
                              ``(ii) Standardized patient assessment data
                          described.--For purposes of clause (i), the
                          standardized patient assessment data described in
                          this clause, with respect to a psychiatric
                          hospital or psychiatric unit, is data with respect
                          to the following categories:
                                        ``(I) Functional status, such as
                                    mobility and self-care at admission to a
                                    psychiatric hospital or

    [[Page 136 STAT. 5912]]

                                    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) <<NOTE: Deadline. Regulations. Revisions.>>
                    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.''.

    [[Page 136 STAT. 5913]]

        (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) <<NOTE: Deadline.>>  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) <<NOTE: Cost estimate.>>
                                    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

    [[Page 136 STAT. 5914]]

                              ``(vii) <<NOTE: Requirements. Regulations.>>
                          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) <<NOTE: Cost estimate.>>  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

    [[Page 136 STAT. 5915]]

                          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) <<NOTE: Requirements. Regulations.>>
                          meets such other requirements the Secretary may
                          impose by regulation as needed to protect against
                          program or patient abuse;
                        ``(ii) such entity is--
                              ``(I) a hospital;
                              ``(II) an ambulatory surgical center;
                              ``(III) a community health center;
                              ``(IV) a rural emergency hospital;
                              ``(V) a skilled nursing facility; or
                              ``(VI) any similar entity, as determined by
                          the Secretary; and
                        ``(iii) neither the provision of such program, nor
                    the value of such program, are contingent upon the
                    number or value of referrals made by a physician or
                    other clinician to such entity or the amount or value of
                    other business generated by such physician for the
                    entity.''.
    SEC. 4127. CONSIDERATION OF SAFE HARBOR UNDER THE ANTI-KICKBACK
                              STATUTE FOR CERTAIN CONTINGENCY
                              MANAGEMENT INTERVENTIONS.

        Section 1128D(a) of the Social Security Act (42 U.S.C. 1320a-7d(a))
    is amended by adding at the end the following new paragraph:
                ``(3) Consideration of safe harbor for certain contingency
            management interventions.--
                        ``(A) <<NOTE: Deadline. Review.>>  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) <<NOTE: Recommenda- tions.>>  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.''.

    [[Page 136 STAT. 5916]]

    SEC. 4128. <<NOTE: 42 USC 1395l note.>>  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) <<NOTE: Time periods.>>  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. <<NOTE: 42 USC 1395l note.>>  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-

    [[Page 136 STAT. 5917]]

            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) <<NOTE: Examination.>>  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

    [[Page 136 STAT. 5918]]

            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) <<NOTE: Time period.>>  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;

    [[Page 136 STAT. 5919]]

                              (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) <<NOTE: Definition.>>  Lymphedema Compression Treatment
    Items.--The term `lymphedema compression treatment items' means standard
    and custom fitted gradient compression garments and other items
    determined by the Secretary that are--
                ``(1) furnished on or after January 1, 2024, to an
            individual with a diagnosis of lymphedema for the treatment of
            such condition;
                ``(2) primarily and customarily used to serve a medical
            purpose and for the treatment of lymphedema, as determined by
            the Secretary; and
                ``(3) prescribed by a physician (or a physician assistant,
            nurse practitioner, or a clinical nurse specialist (as those
            terms are defined in section 1861(aa)(5)) to the extent
            authorized under State law).''.
                (2) Payment.--
                        (A) In general.--Section 1833(a)(1) of the Social
                    Security Act (42 U.S.C. 1395l(a)(1)) , as amended by
                    section 4121(a), is amended--
                              (i) by striking ``and'' before ``(FF)''; and
                              (ii) by inserting before the semicolon at the
                          end the following: ``, and (GG) with respect to
                          lymphedema compression treatment items (as defined
                          in section 1861(mmm)), the amount paid shall be
                          equal to 80 percent of the lesser of the actual
                          charge or the amount determined under the payment
                          basis determined under section 1834(z)''.
                        (B) Payment basis and limitations.--Section 1834 of
                    the Social Security Act (42 U.S.C. 1395m) is amended by
                    adding at the end the following new subsection:

        ``(z) Payment for Lymphedema Compression Treatment Items.--
                ``(1) <<NOTE: Determination.>>  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)--

    [[Page 136 STAT. 5920]]

                        ``(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) <<NOTE: Effective date.>>  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

    [[Page 136 STAT. 5921]]

            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) <<NOTE: Effective date.>>  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) <<NOTE: Time period. Payments.>>  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

    [[Page 136 STAT. 5922]]

                          specified in clause (ii) for such non-opioid
                          treatment for pain relief.
                              ``(ii) <<NOTE: Determinations.>>  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:

    [[Page 136 STAT. 5923]]

                ``(10) Temporary additional payments for non-opioid
            treatments for pain relief.--
                        ``(A) <<NOTE: Time period.>>  In general.--In the
                    case of surgical services furnished on or after January
                    1, 2025, and before January 1, 2028, the payment system
                    described in paragraph (2)(D)(i) shall provide, in a
                    budget-neutral manner, for an additional payment for a
                    non-opioid treatment for pain relief (as defined in
                    clause (iv) of subsection (t)(16)(G)) furnished as part
                    of such services in the amount specified in clause (ii)
                    of such subsection, subject to the limitation under
                    clause (iii) of such subsection.
                        ``(B) Transition.--A drug or biological that meets
                    the requirements of section 416.174 of title 42, Code of
                    Federal Regulations (or any successor regulation) and is
                    a non-opioid treatment for pain relief (as defined in
                    clause (iv) of subsection (t)(16)(G)) shall receive
                    additional payment in the amount specified in clause
                    (ii) of such subsection, subject to the limitation under
                    clause (iii) of such subsection.''.

        (c) Evaluation of Coverage and Payment for Non-opioid Therapies and
    Therapeutic Services for Pain Management.--
                (1) Report to congress.--Not later than January 1, 2028, the
            Secretary of Health and Human Services (in this subsection
            referred to as the ``Secretary'') shall submit to Congress a
            report--
                        (A) identifying limitations, gaps, barriers to
                    access, or deficits in Medicare coverage or
                    reimbursement for restorative therapies, behavioral
                    approaches, and complementary and integrative health
                    services that are identified in the Pain Management Best
                    Practices Inter-Agency Task Force Report and that have
                    demonstrated the ability to replace or reduce opioid
                    consumption;
                        (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5924]]

            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) <<NOTE: Time periods.>>  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.-- <<NOTE: Effective date.>> With
                    respect to applicable devices furnished on or after
                    January 1, 2024, the separate

    [[Page 136 STAT. 5925]]

                    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) <<NOTE: Effective date. Claims.>>  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.-- <<NOTE: Applicability. 42 USC 1395i-5
    note.>> 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) <<NOTE: Effective dates.>>  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).

    [[Page 136 STAT. 5926]]

    SEC. 4139. <<NOTE: 42 USC 1395m note.>>  PAYMENT RATES FOR DURABLE
                              MEDICAL EQUIPMENT UNDER THE MEDICARE
                              PROGRAM.

        (a) Areas Other Than Rural and Noncontiguous Areas.--
    The <<NOTE: Applicability.>>  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. <<NOTE: 42 USC 1395cc-7.>>  EXTENSION OF ACUTE
                                HOSPITAL CARE AT HOME INITIATIVE.

        ``(a) In General.--
                ``(1) <<NOTE: Time period.>>  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).

    [[Page 136 STAT. 5927]]

                        ``(B) Flexibility to allow a hospital to furnish
                    inpatient services, including routine services, outside
                    the hospital under arrangements, as described in
                    Medicare Program: Hospital Outpatient Prospective
                    Payment and Ambulatory Surgical Center Payment Systems
                    and Quality Reporting Programs; Organ Acquisition; Rural
                    Emergency Hospitals: Payment Policies, Conditions of
                    Participation, Provider Enrollment, Physician Self-
                    Referral; New Service Category for Hospital Outpatient
                    Department Prior Authorization Process; Overall Hospital
                    Quality Star Rating; COVID-19 (87 Fed. Reg. 71748 et
                    seq.).
                        ``(C) Waiver of the telehealth requirements under
                    clause (i) of section 1834(m)(4)(C), as amended by
                    section 4113(a) of the Health Extenders, Improving
                    Access to Medicare, Medicaid, and CHIP, and
                    Strengthening Public Health Act of 2022, such that the
                    originating sites described in clause (ii) of such
                    section shall include the home or temporary residence of
                    the individual.
                        ``(D) Other waivers and flexibilities that, as of
                    the date of enactment of this section, were in place for
                    such initiative during such emergency period.
                ``(3) <<NOTE: Determinations.>>  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) <<NOTE: Data.>>  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.

    [[Page 136 STAT. 5928]]

                ``(4) <<NOTE: Determination.>>  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) <<NOTE: Analyses.>>  In general.--The Secretary shall
            conduct a study to--
                        ``(A) <<NOTE: Determination.>>  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) <<NOTE: Costs.>>  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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Web postings.>>  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--

    [[Page 136 STAT. 5929]]

                (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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 1395l note.>>  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. <<NOTE: Public information. Web postings. 42 USC
                              1395fff note.>>  INCREASING TRANSPARENCY
                              FOR HOME HEALTH PAYMENTS UNDER THE
                              MEDICARE PROGRAM.

        (a) <<NOTE: Notice. Public comments. Regulations. Time periods.>>
    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) <<NOTE: Data.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5930]]

            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

    [[Page 136 STAT. 5931]]

    of cost reporting periods occurring in the year pursuant to the
    application of paragraph (2)(B)(ii) of such subsection.''.
        (c) <<NOTE: 42 USC 1395ww note.>>  Retroactive Application.--The
    amendments made by this section shall apply to payments made for
    portions of cost reporting periods occurring in 2010 through 2019.

        (d) Funding.--In addition to amounts otherwise available, there is
    appropriated to the Centers for Medicare & Medicaid Services Program
    Management Account for fiscal year 2023, out of any amounts in the
    Treasury not otherwise appropriated, $3,000,000, to remain available
    until expended, for purposes of carrying out the amendments made by this
    section.

                     Subtitle E--Health Care Tax Provisions

    SEC. 4151. EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR
                              TELEHEALTH.

        (a) In General.--Section 223(c)(2)(E) of the Internal Revenue Code
    of 1986 <<NOTE: 26 USC 223.>>  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) <<NOTE: 26 USC 223 note.>>  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)--

    [[Page 136 STAT. 5932]]

                        (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) <<NOTE: President. Sequestration. Payments. Time
            periods.>>  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. <<NOTE: Time periods.>>  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.

    [[Page 136 STAT. 5933]]

                        ``(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 <<NOTE: Determination.>>  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) <<NOTE: Certification. Plan. Applicability.>>
                    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.

    [[Page 136 STAT. 5934]]

                        ``(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) <<NOTE: Payments. Contracts. Effective
                          date.>>  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) <<NOTE: Determinations.>>  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

    [[Page 136 STAT. 5935]]

                        (B) by striking ``December 23, 2022'' and inserting
                    ``September 30, 2027,''; and
                (3) in paragraph (3), by striking ``for the period beginning
            December 21, 2019, and ending December 23, 2022'' and inserting
            ``beginning December 21, 2019''.

        (c) Application of Asset Verification Program Requirements to Puerto
    Rico.--Section 1940 of the Social Security Act (42 U.S.C. 1396w) is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (3)(A), by adding at the end the
                    following new clause:
                              ``(iii) <<NOTE: Deadline.>>  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--

    [[Page 136 STAT. 5936]]

                (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) <<NOTE: Deadlines.>>  Contracting and
                          procurement oversight lead requirement.--
                                        ``(I) <<NOTE: Designation.>>  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) <<NOTE: Certification.>>
                                    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) <<NOTE: Public
                                    information.>>  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) <<NOTE: Reports.>>  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.''.

    [[Page 136 STAT. 5937]]

        (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) <<NOTE: Deadlines.>>  In general.--Each territory
            described in paragraph (2) shall--
                        (A) <<NOTE: Time period.>>  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) <<NOTE: Analysis.>>  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

    [[Page 136 STAT. 5938]]

                    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) <<NOTE: 132
            Stat. 173.>>  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

    [[Page 136 STAT. 5939]]

                        (C) by striking ``beginning on October 1, 2026, and
                    ending on March 31, 2027'' and inserting ``beginning on
                    October 1, 2028, and ending on March 31, 2029''.

        (c) Other Related CHIP Policies.--
                (1) Pediatric quality measures program.--Section 1139A(i)(1)
            of the Social Security Act (42 U.S.C. 1320b-9a(i)(1)) is
            amended--
                        (A) in subparagraph (C), by striking at the end
                    ``and'';
                        (B) in subparagraph (D), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following new
                    subparagraph:
                        ``(E) for each of fiscal years 2028 and 2029,
                    $15,000,000 for the purpose of carrying out this section
                    (other than subsections (e), (f), and (g)).''.
                (2) Assurance of eligibility standards for children.--
            Section 2105(d)(3) of the Social Security Act (42 U.S.C.
            1397ee(d)(3)) is amended--
                        (A) in the paragraph heading, by striking ``through
                    september 30, 2027'' and inserting ``through september
                    30, 2029''; and
                        (B) in subparagraph (A) by striking ``September 30,
                    2027'' each place it appears and inserting ``September
                    30, 2029''.
                (3) Qualifying states option.--Section 2105(g)(4) of the
            Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
                        (A) in the paragraph heading, by striking ``through
                    2027'' and inserting ``through 2029''; and
                        (B) in subparagraph (A), by striking ``through
                    2027'' and inserting ``through 2029''.
                (4) Outreach and enrollment program.--Section 2113 of the
            Social Security Act (42 U.S.C. 1397mm) is amended--
                        (A) in subsection (a)--
                              (i) in paragraph (1), by striking ``through
                          2027'' and inserting ``through 2029''; and
                              (ii) in paragraph (3), by striking ``through
                          2027'' and inserting ``through 2029''; and
                        (B) in subsection (g)--
                              (i) by striking ``2017,,'' and inserting
                          ``2017,'';
                              (ii) by striking ``and $48,000,000'' and
                          inserting ``$48,000,000''; and
                              (iii) by inserting after ``through 2027'' the
                          following: ``, and $40,000,000 for the period of
                          fiscal years 2028 and 2029''.
                (5) Child enrollment contingency fund.--Section 2104(n) of
            the Social Security Act (42 U.S.C. 1397dd(n)) is amended--
                        (A) by striking ``2024 through 2026'' each place it
                    appears and inserting ``2024 through 2028''; and
                        (B) by striking ``2023, and 2027'' each place it
                    appears and inserting ``2023, and 2029''.

        (d) Extension of Certain Provisions.--
                (1) Express lane eligibility option.--Section 1902(e)(13)(I)
            of the Social Security Act (42 U.S.C. 1396a(e)(13)(I)) is
            amended by striking ``2027'' and inserting ``2029''.

    [[Page 136 STAT. 5940]]

                (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 <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 1396a note.>>  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. <<NOTE: 42 USC 1396a note.>>  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 <<NOTE: 42 USC 1396a note, 1397gg note.>>  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--

    [[Page 136 STAT. 5941]]

                (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) <<NOTE: Time periods.>>  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) <<NOTE: Rescission.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 5942]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Determinations.>>  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

    [[Page 136 STAT. 5943]]

                    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.-- <<NOTE: Plan. Time period.>> A State child health
            plan shall provide that, in the case of a targeted low-income
            child who is within 30 days of the date on which such child is
            scheduled to be released from a public institution following
            adjudication, the State shall have in place a plan for
            providing, and shall provide in accordance with such plan,
            screenings, diagnostic services, referrals, and case management
            services otherwise covered under the State child health plan (or
            waiver of such plan) in the same manner as described in section
            1902(a)(84)(D).''.
                (2) Section 2110(b) of the Social Security Act (42 U.S.C.
            1397jj(b)) is amended--
                        (A) in paragraph (2)(A), by inserting ``except as
                    provided in paragraph (7),'' before ``a child who is an
                    inmate of a public institution''; and
                        (B) by adding at the end the following new
                    paragraph:
                ``(7) Exception to exclusion of children who are inmates of
            a public institution.-- <<NOTE: Time period.>> 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) <<NOTE: 42 USC 1396a note.>>  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

    [[Page 136 STAT. 5944]]

            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) <<NOTE: 42 USC 1396a note.>>  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) <<NOTE: Time period. Public
                          information. Web postings.>>  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

    [[Page 136 STAT. 5945]]

                                        ``(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) <<NOTE: Time period. Public information. Web
            posting.>>  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--

    [[Page 136 STAT. 5946]]

                              ``(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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 1396a note.>>  Effective Date.--The amendments
    made by this section shall take effect on July 1, 2025.

    [[Page 136 STAT. 5947]]

    SEC. 5124. <<NOTE: Deadlines. 42 USC 1396w-7.>>  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) <<NOTE: Recommenda- tions.>>  Provides, in consultation
            with health care providers and stakeholders with expertise in
            mental health and substance use disorder crisis response
            services, recommendations for an effective continuum of crisis
            response services that--
                        (A) includes crisis call centers, including 988
                    crisis services hotlines, mobile crisis teams, crisis
                    response services delivered in home, community,
                    residential facility, and hospital settings, and
                    coordination with follow-on mental health and substance
                    use disorder services, such as intensive outpatient and
                    partial hospitalization programs, as well as connections
                    to social services and supports;
                        (B) promotes access to appropriate and timely mental
                    health and substance use disorder crisis response
                    services in the least restrictive setting appropriate to
                    an individual's needs; and
                        (C) promotes culturally competent, trauma-informed
                    care, and crisis de-escalation.
                (2) Outlines the Federal authorities through which States
            may finance and enhance under Medicaid and CHIP the availability
            of crisis response services across each stage of the continuum
            of crisis response services.
                (3) Addresses how States under Medicaid and CHIP may support
            the ongoing implementation of crisis call centers, including 988
            crisis services hotlines, and how Medicaid administrative
            funding, including enhanced matching, and the Medicaid
            Information Technology Architecture 3.0 framework, may be used
            to establish or enhance regional or statewide crisis call
            centers, including 988 crisis services hotlines, that coordinate
            in real time.
                (4) Identifies how States under Medicaid and CHIP may
            support access to crisis response services that are responsive
            to the needs of children, youth, and families, including through
            CHIP health services initiatives, behavioral disorder-specific
            crisis response, trained peer support services, and establishing
            or enhancing crisis call centers that are youth-focused.
                (5) Identifies policies and practices to meet the need for
            crisis response services with respect to differing patient
            populations, including urban, rural, and frontier communities,
            differing age groups, cultural and linguistic minorities,
            individuals with co-occurring mental health and substance use
            disorder conditions, and individuals with disabilities.
                (6) Identifies policies and practices to promote evidence-
            based suicide risk screenings and assessments.
                (7) Identifies strategies to facilitate timely provision of
            crisis response services, including how States can enable access
            to crisis response services without requiring a diagnosis, the
            use of presumptive eligibility at different stages of the
            continuum of crisis response services, the use of telehealth to
            deliver crisis response services, strategies to make crisis
            response services available 24/7 in medically underserved

    [[Page 136 STAT. 5948]]

            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) <<NOTE: Public information.>>  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. <<NOTE: Time period. Reviews. Updates.>>  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.

    [[Page 136 STAT. 5949]]

                (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) <<NOTE: Time periods.>>  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,'';

    [[Page 136 STAT. 5950]]

                (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). <<NOTE: Effective date.>>  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:

    [[Page 136 STAT. 5951]]

        ``(tt) <<NOTE: Time periods.>>  Requirements Relating to Transition
    From Families First Coronavirus Response Act FMAP Increase Requirements;
    Enforcement and Corrective Action.--
                ``(1) <<NOTE: Public information.>>  Reporting
            requirements.--For each month occurring during the period that
            begins on April 1, 2023, and ends on June 30, 2024, each State
            shall submit to the Secretary, on a timely basis, a report, that
            the Secretary shall make publicly available, on the activities
            of the State relating to eligibility redeterminations conducted
            during such period, and which include, with respect to the month
            for which the report is submitted, the following information:
                        ``(A) The number of eligibility renewals initiated,
                    beneficiaries renewed on a total and ex parte basis, and
                    individuals whose coverage for medical assistance, child
                    health assistance, or pregnancy-related assistance was
                    terminated.
                        ``(B) The number of individuals whose coverage for
                    medical assistance, child health assistance, or
                    pregnancy-related assistance was so terminated for
                    procedural reasons.
                        ``(C) Where applicable, the number of individuals
                    who were enrolled in a State child health plan or waiver
                    in the form described in paragraph (1) of section
                    2101(a).
                        ``(D) Unless the Administrator of the Centers for
                    Medicare & Medicaid Services reports such information on
                    behalf of the State:
                              ``(i) In a State with a Federal or State
                          American Health Benefit Exchange established under
                          title I of the Patient Protection and Affordable
                          Care Act in which the systems used to determine
                          eligibility for assistance under this title or
                          title XXI are not integrated with the systems used
                          to determine eligibility for coverage under a
                          qualified health plan with advance payment under
                          section 1412(a) of the Patient Protection and
                          Affordable Care Act of any premium tax credit
                          allowed under section 36B of the Internal Revenue
                          Code of 1986--
                                        ``(I) the number of individuals
                                    whose accounts were received via secure
                                    electronic transfer by the Federal or
                                    State American Health Benefit Exchange,
                                    or a basic health program established
                                    under section 1331 of the Patient
                                    Protection and Affordable Care Act;
                                        ``(II) the number of individuals
                                    identified in subclause (I) who were
                                    determined eligible for a qualified
                                    health plan, as defined in section
                                    1301(a)(1) of the Patient Protection and
                                    Affordable Care Act, or (if applicable)
                                    the basic health program established
                                    under section 1331 of such Act; and
                                        ``(III) the number of individuals
                                    identified in subclause (II) who made a
                                    qualified health plan selection or were
                                    enrolled in a basic health program plan
                                    (if applicable).
                              ``(ii) In a State with a State American Health
                          Benefit Exchange established under title I of the
                          Patient Protection and Affordable Care Act in
                          which the systems used to determine eligibility
                          for assistance

    [[Page 136 STAT. 5952]]

                          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) <<NOTE: Determination.>>  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) <<NOTE: Reduction.>>  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) <<NOTE: Assessment. Compliance. Determination
                          .>>  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) <<NOTE: Deadlines.>>  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;

    [[Page 136 STAT. 5953]]

                                        ``(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.--
                          <<NOTE: Penalties. Determination.>> 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) <<NOTE: 42 USC 1396a note.>>  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. <<NOTE: Jackie Walorski Maternal and Child Home
                              Visiting Reauthorization Act of 2022.>>
                              JACKIE WALORSKI MATERNAL AND CHILD HOME
                              VISITING REAUTHORIZATION ACT OF 2022.

        (a) <<NOTE: 42 USC 1305 note.>>  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) <<NOTE: Grants. Contracts. Website. Public
                    information. Time period. Updates.>>  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--

    [[Page 136 STAT. 5954]]

                              ``(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) <<NOTE: Template.>>  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) <<NOTE: Reports.>>
                                    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) <<NOTE: Privacy. Confidentiality.>>
                          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) <<NOTE: Time periods.>>
                                    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)

    [[Page 136 STAT. 5955]]

                                    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) <<NOTE: Determination.>>
                                            the percentage of children in
                                            all States who have not attained
                                            5 years of age (as determined by
                                            the Secretary on the basis of
                                            the data most recently available
                                            before fiscal year 2023) that is
                                            represented by the number of
                                            such children in the State in
                                            which the eligible entity is
                                            operating a program pursuant to
                                            this section (as so determined).
                                        ``(II) Adjustments to ensure stable
                                    funding.--If the amount otherwise
                                    payable to an eligible entity under
                                    subclause (I) for fiscal year 2023 is
                                    less than 90 percent, or greater than
                                    110 percent, of the amount payable under
                                    this section to the eligible entity for
                                    the program for fiscal year 2021, the
                                    Secretary shall increase the amount
                                    otherwise so payable to 90 percent, or
                                    decrease the amount otherwise so payable
                                    to 110 percent, as the case may be, of
                                    the amount otherwise so payable.
                                        ``(III) Adjustment to ensure all
                                    base grant funds are allocated.--If the
                                    amount described by subclause (I)(aa) is
                                    different than the total of the amounts
                                    otherwise described by subclause (I)
                                    after applying subclause (II), the
                                    Secretary shall increase or decrease the
                                    amounts otherwise so described after
                                    applying subclause (II) by such equal
                                    percentage as is necessary to reduce
                                    that difference to zero.
                                        ``(IV) Minimum base grant amount.--
                                    Notwithstanding the preceding provisions
                                    of this

    [[Page 136 STAT. 5956]]

                                    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) <<NOTE: Time periods.>>
                                    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

    [[Page 136 STAT. 5957]]

                                                ``(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) <<NOTE: Determination.>>
                                            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.-- <<NOTE: Time
                                    periods.>> 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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5958]]

                                    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) <<NOTE: Determination.>>
                                            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

    [[Page 136 STAT. 5959]]

            a program in the State in fiscal year 2019 or 2021, whichever is
            the lesser.
                ``(2) <<NOTE: Deadline. Federal Register, publication. Time
            periods.>>  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) <<NOTE: Time periods.>>  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;

    [[Page 136 STAT. 5960]]

                        ``(D) for fiscal year 2026, $650,000,000, of which
                    $500,000,000 shall be for base grants and $150,000,000
                    shall be for matching grants; and
                        ``(E) for fiscal year 2027, $800,000,000, of which
                    $500,000,000 shall be for base grants and $300,000,000
                    shall be for matching grants.''.
                        (B) Special rule.--Obligations and expenditures made
                    pursuant to section 201 of division D of the Continuing
                    Appropriations and Ukraine Supplemental Appropriations
                    Act, 2023 (Public Law 117-180) and section 201 of
                    division C of the Further Continuing Appropriations and
                    Extensions Act, 2023 shall be charged to the
                    appropriation made by section 511(j)(1)(A) of the Social
                    Security Act for fiscal year 2023 (as added by
                    subparagraph (A) of this paragraph).
                        (C) Repeal.--Section 201 of title II of division D
                    of Public Law 117-180 and section 201 of division C of
                    the Further Continuing Appropriations and Extensions
                    Act, 2023 <<NOTE: Ante, p. 2135, 2133.>>  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

    [[Page 136 STAT. 5961]]

                          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) <<NOTE: Estimate.>>  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) <<NOTE: List. Data.>>  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.--

    [[Page 136 STAT. 5962]]

                        (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) <<NOTE: Reviews.>>  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) <<NOTE: Revision.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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.--

    [[Page 136 STAT. 5963]]

                (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) <<NOTE: Time period.>>  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.

    [[Page 136 STAT. 5964]]

                        ``(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) <<NOTE: Grants. Contracts.>>  Technical
                    assistance.--If the Secretary finds that an eligible
                    entity has not complied with the assurance described in
                    subsection (e)(10)(C), the Secretary shall, directly or
                    through grants, contracts, or cooperative agreements,
                    provide the eligible entity with such technical
                    assistance as is necessary to assist the eligible entity
                    in doing so.''.
                        (C) Program requirement.--Section 511(d)(3)(C) of
                    such Act (42 U.S.C. 711(d)(3)(C)), as so redesignated by
                    subsection (d) of this section, is amended by adding at
                    the end the following:
                              ``(vii) If the application submitted by the
                          eligible entity includes the assurance described
                          in subsection (e)(10)(C) with respect to the
                          program, the program provides in-person service
                          consistent with the assurances.''.
                        (D) Reports.--Section 511(e)(8)(A) of such Act (42
                    U.S.C. 711(e)(8)(A)) is amended by inserting ``,
                    including the number of virtual home visits conducted
                    under the program in the year covered by the report,
                    disaggregated with respect to each home visiting model
                    under which the virtual home visits are conducted''
                    before the semicolon.
                (2) <<NOTE: 42 USC 711 note.>>  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) <<NOTE: 42 USC 711 note.>>  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)).

    [[Page 136 STAT. 5965]]

                (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. <<NOTE: 42 USC 300mm-62.>>  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

    [[Page 136 STAT. 5966]]

                              (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.

    [[Page 136 STAT. 5967]]

                ``(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-- <<NOTE: Merger Filing Fee Modernization Act of
    2022.>> MERGER FILING FEE MODERNIZATION
    SEC. 101. <<NOTE: 15 USC 1 note.>>  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)--

    [[Page 136 STAT. 5968]]

                              (i) by striking ``$280,000'' and inserting
                          ``$250,000''; and
                              (ii) by striking the period at the end and
                          inserting ``but is less than $1,000,000,000 (as so
                          adjusted and published);''; and
                        (D) by adding at the end the following:
                ``(4) $400,000 if the aggregate total amount determined
            under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
            is not less than $1,000,000,000 (as so adjusted and published)
            but is less than $2,000,000,000 (as so adjusted and published);
                ``(5) $800,000 if the aggregate total amount determined
            under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
            is not less than $2,000,000,000 (as so adjusted and published)
            but is less than $5,000,000,000 (as so adjusted and published);
            and
                ``(6) $2,250,000 if the aggregate total amount determined
            under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
            is not less than $5,000,000,000 (as so adjusted and
            published).''; and
                (2) by adding at the end the following:

        ``(c)(1) <<NOTE: Time periods. Effective date. Determination.>>  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) <<NOTE: Deadline. Publication.>>  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. <<NOTE: Time periods.>>  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.

    [[Page 136 STAT. 5969]]

        (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) <<NOTE: List.>>  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. <<NOTE: 15 USC 18b note.>>  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

    [[Page 136 STAT. 5970]]

            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) <<NOTE: Requirements.>>  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. <<NOTE: 15 USC 18b.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Requirements.>>  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. <<NOTE: 7 USC 2016a note.>>  DEFINITION.

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

    [[Page 136 STAT. 5971]]

                              TITLE I--CONSERVATION

    SEC. 201. <<NOTE: 7 USC 6712.>>  GREENHOUSE GAS TECHNICAL
                            ASSISTANCE PROVIDER AND THIRD-PARTY
                            VERIFIER PROGRAM.

        (a) Definitions.--In this section:
                (1) Advisory council.--The term ``Advisory Council'' means
            the Greenhouse Gas Technical Assistance Provider and Third-Party
            Verifier Program Advisory Council established under subsection
            (f)(1).
                (2) Agriculture or forestry credit.--The term ``agriculture
            or forestry credit'' means a credit representing an amount of
            greenhouse gas emissions from an agricultural or forestry
            activity that are prevented, reduced, or mitigated (including
            through the sequestration of carbon) as a result of an
            agricultural or forestry activity.
                (3) Beginning, socially disadvantaged, limited resource, or
            veteran farmer, rancher, or private forest landowner.--The term
            ``beginning, socially disadvantaged, limited resource, or
            veteran farmer, rancher, or private forest landowner'' means a
            farmer, rancher, or private forest landowner who is--
                        (A) a beginning farmer or rancher (as defined in
                    section 2501(a) of the Food, Agriculture, Conservation,
                    and Trade Act of 1990 (7 U.S.C. 2279(a)));
                        (B) a socially disadvantaged farmer or rancher (as
                    defined in section 355(e) of the Consolidated Farm and
                    Rural Development Act (7 U.S.C. 2003(e)));
                        (C) a limited resource farmer or rancher (as defined
                    in section 1470.3 of title 7, Code of Federal
                    Regulations (or successor regulations)); or
                        (D) a veteran farmer (as defined in section 2501 of
                    the Food, Agriculture, Conservation, and Trade Act of
                    1990 (7 U.S.C. 2279)).
                (4) Covered entity.--The term ``covered entity'' means a
            person or entity, including a private business, non-profit
            organization, or public agency, that either--
                        (A) is a provider of technical assistance to
                    farmers, ranchers, or private forest landowners in
                    carrying out sustainable land use management practices
                    that prevent, reduce, or mitigate greenhouse gas
                    emissions (including through the sequestration of
                    carbon); or
                        (B) is a third-party verifier entity that conducts
                    the verification of the processes described in protocols
                    for voluntary environmental credit markets.
                (5) Greenhouse gas.--The term ``greenhouse gas'' means--
                        (A) carbon dioxide;
                        (B) methane;
                        (C) nitrous oxide; and
                        (D) any other gas that the Secretary, in
                    consultation with the Advisory Council, determines has
                    been identified to have heat trapping qualities.
                (6) Program.--The term ``Program'' means the Greenhouse Gas
            Technical Assistance Provider and Third-Party Verifier Program
            established under subsection (b).
                (7) Protocol.--The term ``protocol'' means a systematic
            approach for generating an agriculture or forestry credit, which

    [[Page 136 STAT. 5972]]

            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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5973]]

            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 <<NOTE: Notification. Time
            period. Deadline. Publication.>>  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) <<NOTE: List.>>  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;

    [[Page 136 STAT. 5974]]

                        (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) <<NOTE: Revision.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period. Effective date.>>  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);

    [[Page 136 STAT. 5975]]

                        (B) <<NOTE: List.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5976]]

                                        (II) best management practices for
                                    agricultural and forestry activities
                                    that prevent, reduce, or mitigate
                                    greenhouse gas emissions (including
                                    through the sequestration of carbon).
                        (C) Notification.--If the Secretary removes a
                    covered entity from the registration list pursuant to
                    subparagraph (A), to the extent practicable, the
                    Secretary shall--
                              (i) request from that covered entity contact
                          information for all farmers, ranchers, and private
                          forest landowners to which the covered entity
                          provided technical assistance or the verification
                          of the processes described in protocols of
                          voluntary environmental credit markets; and
                              (ii) notify those farmers, ranchers, and
                          private forest landowners of the removal.
                (5) Savings clause.--Nothing in this section authorizes the
            Secretary to compel a farmer, rancher, or private forest
            landowner to participate in a transaction or project facilitated
            by a covered entity certified under paragraph (1).

        (e) Submission of Fraudulent Information or Claims.--
                (1) In general.--A person or entity, regardless of whether
            the person or entity is registered under the Program, shall not
            make a fraudulent submission under subsection (d) or make a
            fraudulent claim regarding the presence of that person or entity
            on the registration list published under such subsection.
                (2) Penalty.--Any person or entity that violates paragraph
            (1) shall be--
                        (A) subject to a civil penalty equal to such amount
                    as the Secretary determines to be appropriate, not to
                    exceed $1,000 per violation; and
                        (B) <<NOTE: Time period.>>  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) <<NOTE: Time period. Effective date. Establishment.>>
            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) <<NOTE: Appointment.>>  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;

    [[Page 136 STAT. 5977]]

                              (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) <<NOTE: Determination.>>  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.--

    [[Page 136 STAT. 5978]]

                        (A) Frequency.--The Advisory Council shall meet not
                    less frequently than annually, at the call of the Chair.
                        (B) <<NOTE: Time period. Effective date.>>  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

    [[Page 136 STAT. 5979]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Estimate. Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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;

    [[Page 136 STAT. 5980]]

                              (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) <<NOTE: Time period.>>  the extent to
                          which the existing regimes for generating and
                          selling agriculture or forestry credits (as the
                          regimes exist at the end of the preceding 4-
                          calendar year period, and historically), and
                          existing voluntary environmental credit markets,
                          may be impeded or constricted, or achieve greater
                          scale and reach, if the Department of Agriculture
                          were involved, including involvement in education
                          described in clause (ix);
                              (ix) the extent to which Department of
                          Agriculture education of stakeholders about
                          voluntary environmental credit markets would
                          benefit those stakeholders, including whether that
                          education would reduce barriers to entry
                          identified under clause (v);
                              (x) the extent to which existing protocols of
                          voluntary environmental credit markets, including
                          verification, additionality, permanence, and
                          reporting, adequately take into consideration and
                          account for factors encountered by the agriculture
                          and private forest sectors in preventing,
                          reducing, or mitigating greenhouse gas emissions
                          (including by sequestering carbon) through
                          agriculture and forestry practices, considering
                          variances across regions, topography, soil types,
                          crop or species varieties, and business models;
                              (xi) the extent to which existing protocols of
                          voluntary environmental credit markets consider
                          options to ensure the continued valuation, through
                          discounting or other means, of agriculture and
                          forestry credits in the case of the practices
                          underlying those credits being disrupted due to
                          unavoidable events, including production
                          challenges and natural disasters; and
                              (xii) opportunities for other voluntary
                          markets outside of voluntary environmental credit
                          markets to foster the trading, buying, or selling
                          of credits that are derived from activities that
                          provide other ecosystem service benefits,
                          including activities that improve water quality,
                          water quantity, wildlife habitat enhancement, and
                          other ecosystem services, as the Secretary
                          determines appropriate;
                        (B) <<NOTE: Publication.>>  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) <<NOTE: Publication. Time period.>>  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

    [[Page 136 STAT. 5981]]

            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) <<NOTE: Time periods.>>  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.

    [[Page 136 STAT. 5982]]

    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;

    [[Page 136 STAT. 5983]]

                        ``(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) <<NOTE: Process.>>  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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5984]]

                    level of that match, including the amount of such
                    matching Federal funds; and
                        ``(C) the total amounts of--
                              ``(i) private funds contributed under this
                          subsection; and
                              ``(ii) matching Federal funds provided by the
                          Secretary under paragraph (4).
                ``(9) Covered program defined.--In this subsection, the term
            `covered program' means a program carried out by the Secretary
            under--
                        ``(A) subtitle D (except for subchapter B of such
                    subtitle), subtitle H, or subtitle I;
                        ``(B) section 403 of the Agricultural Credit Act of
                    1978 (16 U.S.C. 2203);
                        ``(C) title V of the Healthy Forests Restoration Act
                    of 2003 (16 U.S.C. 6571 et seq.); or
                        ``(D) the Watershed Protection and Flood Prevention
                    Act (16 U.S.C. 1001 et seq.), except for any program
                    established by the Secretary to carry out section 14 of
                    such Act (16 U.S.C. 1012).
                ``(10) Duration of authority.--The authority of the
            Secretary under this subsection shall expire, with respect to
            each covered program, on the date on which the authority of the
            covered program expires.''.

      TITLE II--COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM

    SEC. 301. IN GENERAL.

        Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133) is
    amended--
                (1) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively;
                (2) by inserting after paragraph (1) the following:
                ``(2) Additional transfers.--In addition to amounts
            transferred under paragraph (1), the Commission may transfer up
            to $10,000,000 from the Fund into the account.'';
                (3) in paragraph (3) (as so redesignated)--
                        (A) by striking ``paragraph (1)'' and inserting
                    ``paragraphs (1) and (2)''; and
                        (B) by striking ``until'' and all that follows
                    through the period at the end and inserting ``until
                    October 1, 2024.''; and
                (4) in paragraph (4) (as so redesignated), by striking
            ``on'' and all that follows through ``shall'' and inserting ``on
            October 1, 2024, shall''.

                               TITLE III--FORESTRY

    SEC. 401. MODIFICATION OR TERMINATION OF EASEMENTS UNDER THE
                            HEALTHY FORESTS RESERVE PROGRAM.

        Section 502 of the Healthy Forests Restoration Act of 2003 (16
    U.S.C. 6572) is amended by adding at the end the following:

    [[Page 136 STAT. 5985]]

        ``(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) <<NOTE: Determination.>>  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) <<NOTE: Compensation.>>  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. <<NOTE: 7 USC 2016a.>>  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) <<NOTE: Determination.>>  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;

    [[Page 136 STAT. 5986]]

                (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) <<NOTE: Deadline.>>  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) <<NOTE: Coordination. Contracts.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Standards. Data.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Requirement.>>  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) <<NOTE: Deadline. Plan.>>  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) <<NOTE: Procedures. Determination.>>  includes
                    appropriate procedures, as determined by the Secretary,
                    for the timely submission of claims to, timely

    [[Page 136 STAT. 5987]]

                    validation of claims by, and replacement issuance by the
                    State agency that includes--
                              (i) <<NOTE: Statement.>>  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) <<NOTE: Criteria.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Applicability.>>  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).

    [[Page 136 STAT. 5988]]

        (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) <<NOTE: Deadline. Urban and rural
                    areas. Determination.>>  In general.--Beginning not
                    later than summer 2023, the Secretary shall make
                    available an option to States to provide program meals
                    under this section for noncongregate consumption in a
                    rural area with no congregate meal service, as
                    determined by the Secretary.
                        ``(B) Summer 2023.--Notwithstanding any other
                    provision in this paragraph, for summer 2023, the
                    Secretary may allow States to use implementation models
                    developed by the Secretary for demonstration projects
                    carried out under section 749(g) of the Agriculture,
                    Rural Development, Food and Drug Administration, and
                    Related Agencies Appropriations Act, 2010 (Public Law
                    111-80; 123 Stat. 2132), to carry out subparagraph (A).
                        ``(C) Eligibility determination.--In administering
                    this paragraph, the Secretary shall ensure that
                    noncongregate meals are only available for a child--
                              ``(i) in an area in which poor economic
                          conditions exist; and
                              ``(ii) in an area that is not an area in which
                          poor economic conditions exist, if the child is
                          determined to be eligible for a free or reduced
                          price lunch under this Act or a free or reduced
                          price breakfast under section 4 of the Child
                          Nutrition Act of 1966 (42 U.S.C. 1773).
                        ``(D) Priorities.--
                              ``(i) In general.--States shall--
                                        ``(I) identify areas with no
                                    congregate meal service that could
                                    benefit the most from the provision of
                                    noncongregate meals; and
                                        ``(II) encourage participating
                                    service institutions in those areas to
                                    provide noncongregate meals as
                                    appropriate.
                              ``(ii) Areas.--Areas identified under clause
                          (i) may include areas that are not areas in which
                          poor economic conditions exist but that have
                          children who are determined to be eligible for
                          free or reduced price lunch under this Act or free
                          or reduced price breakfast under section 4 of the
                          Child Nutrition Act of 1966 (42 U.S.C. 1773).

    [[Page 136 STAT. 5989]]

                        ``(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) <<NOTE: Time period.>>  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) <<NOTE: Process.>>  States establish a
                          process for identifying gaps in service and
                          barriers in reaching needy children for congregate
                          and noncongregate models.
                        ``(F) <<NOTE: Deadline.>>  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) <<NOTE: Effective date. Notification. Deadlines.>>
            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

    [[Page 136 STAT. 5990]]

            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. <<NOTE: 42 USC 1762.>>  SUMMER ELECTRONIC BENEFITS
                            TRANSFER FOR CHILDREN PROGRAM.

        ``(a) <<NOTE: Effective.>>  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) <<NOTE: Territories.>>  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,

    [[Page 136 STAT. 5991]]

                    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) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 5992]]

                    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) <<NOTE: Procedures.>>  establish procedures to
                    carry out the enrollment described in subparagraph (A);
                        ``(D) <<NOTE: Procedures.>>  establish procedures
                    for expunging summer EBT benefits from the account of a
                    household, consistent with the requirements under
                    subsection (b)(4); and
                        ``(E) allow eligible households to opt out of
                    participation in the program under this section and
                    establish procedures for opting out of such
                    participation.
                ``(2) Covered indian tribal organization requirements.--
            Covered Indian Tribal organizations participating in the program
            under this section shall, to the maximum extent practicable,
            meet the requirements under paragraph (1).

        ``(d) <<NOTE: Payments.>>  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) <<NOTE: Effective.>>  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) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 5993]]

                ``(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) <<NOTE: Effective. Compliance.>>  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

    [[Page 136 STAT. 5994]]

                              ``(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) <<NOTE: 42 USC 1762 note.>>  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. <<NOTE: 7 USC 2204b-2 note.>>  SUPPORT FOR COTTON
                            MERCHANDISERS.

        (a) Cotton Merchandiser Pandemic Assistance.--
                (1) Pandemic assistance payments to cotton merchandisers.--
            <<NOTE: Time period.>> 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.

    [[Page 136 STAT. 5995]]

                (2) <<NOTE: Deadline.>>  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) <<NOTE: Payments. Time period.>>  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,

    [[Page 136 STAT. 5996]]

                    as reported to the Secretary, multiplied by the
                    prevented planting coverage factor applicable to those
                    acres.

        (c) Limitations.--
                (1) In general.--In carrying out this section, the Secretary
            shall impose payment limitations consistent with section
            760.1507(b) of title 7, Code of Federal Regulations (as in
            effect on September 30, 2021).
                (2) Separate limitations.--The payment limitations imposed
            under paragraph (1) shall be separate from annual payment
            limitations under any other program.

        (d) <<NOTE: Payments.>>  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. <<NOTE: 7 USC 8302; 16 USC 661 note, 667i and note.>>
                            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 <<NOTE: Pesticide Registration Improvement Act of 2022.>> --
    PESTICIDES

           Subtitle A--Pesticide Registration Improvement Act of 2022

    SEC. 701. <<NOTE: 7 USC 136 note.>>  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)--

    [[Page 136 STAT. 5997]]

                                        ``(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

    [[Page 136 STAT. 5998]]

                                    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) <<NOTE: Applicability.>>  End use
                          labeling.--The labeling requirements of this
                          paragraph shall apply to end use product labels.
                              ``(iv) <<NOTE: Updates. Time period.>>
                          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. <<NOTE: Deadline.>> --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. <<NOTE: Deadline.>> --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.

    [[Page 136 STAT. 5999]]

                        ``(E) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 6000]]

                                                ``(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) <<NOTE: Time periods.>>
                                    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) <<NOTE: Time periods.>>  Interim
                          funding.--In addition to amounts otherwise
                          available, the Administrator may use not more than
                          $1,200,000 in fiscal years 2023 and 2024 to fund
                          existing cooperative agreements that were
                          authorized under section 33(c)(3)(B), as such
                          section was in effect as of March 8, 2019.
                              ``(v) Partnerships.--Organizations described
                          in clause (ii) may apply for a grant under this
                          subparagraph as a partnership with another
                          organization, provided such organizations, at the
                          time of application, have entered into an
                          agreement designating--
                                        ``(I) a member of the partnership
                                    that will enter into the assistance
                                    agreement with the Environmental
                                    Protection Agency for the purposes of
                                    accountability for the proper
                                    expenditure of Federal funds;
                                        ``(II) performance of the assistance
                                    agreement;
                                        ``(III) liability for claims for
                                    recovery of unallowable costs incurred
                                    under the agreement; and
                                        ``(IV) specifying roles in
                                    performing the proposed scope of work
                                    for the assistance agreement.
                        ``(H) Health care provider training.--
                              ``(i) <<NOTE: Time periods.>>  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--

    [[Page 136 STAT. 6001]]

                                        ``(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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 6002]]

                                    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

    [[Page 136 STAT. 6003]]

                    a registration that is not covered by a fee table under
                    section 33(b)(3)(B).
                        ``(B) Set-aside.--
                              ``(i) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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--

    [[Page 136 STAT. 6004]]

                                        ``(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) <<NOTE: Contracts.>>  Agreements with
                          institutions of higher
                          education. <<NOTE: Deadline.>> --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) <<NOTE: Time periods.>>  Set-aside.--In
                    addition to amounts otherwise available, for each of
                    fiscal years 2023 through 2027, the Administrator shall
                    use not more than $500,000 of the amounts made available
                    to the Administrator in the Reregistration and Expedited
                    Processing Fund to establish and carry out the Vector
                    Expedited Review Voucher program in accordance with
                    subparagraph (B).
                        ``(B) Vector expedited review voucher program.--
                              ``(i) Definitions.--In this subparagraph:
                                        ``(I) Program.--The term `program'
                                    means the Vector Expedited Review
                                    Voucher program established under clause
                                    (ii).
                                        ``(II) Voucher.--The term `voucher'
                                    means a voucher--
                                                ``(aa) issued under the
                                            program by the Administrator to
                                            a pesticide registration
                                            applicant that entitles the
                                            holder to an expedited review
                                            described under clause (vi) of a
                                            single different pesticide
                                            registration action; and
                                                ``(bb) the entitlement to
                                            which may be transferred
                                            (including by sale) by the
                                            holder

    [[Page 136 STAT. 6005]]

                                            of the voucher, without
                                            limitation on the number of
                                            times the voucher may be
                                            transferred, before the voucher
                                            is redeemed.
                              ``(ii) <<NOTE: Deadline.>>  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) <<NOTE: Time periods.>>  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

    [[Page 136 STAT. 6006]]

                                                    ``(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) <<NOTE: Time
                                            period.>>  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) <<NOTE: Time periods.>>
                                    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) <<NOTE: Determination.>>
                                    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) <<NOTE: Effective
                                            date.>>  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

    [[Page 136 STAT. 6007]]

                                    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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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--

    [[Page 136 STAT. 6008]]

                        ``(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) <<NOTE: Time period.>>  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) <<NOTE: Effective dates.>>  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

    [[Page 136 STAT. 6009]]

                        (E) in paragraph (7)(A), by striking ``(commonly
                    referred to as a Gold Seal letter)'' and inserting
                    ``(including a Gold Seal letter and a Certificate of
                    Establishment)''.
                (2) Conforming amendment.--Section 33 of the Federal
            Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is
            amended by striking ``subsection (b)(3)'' each place it appears
            and inserting ``subsection (b)(3)(B)''.

        (b) Pesticide Registration Fund.--Section 33(c) of the Federal
    Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(c)) is
    amended--
                (1) in paragraph (3), by striking subparagraph (B) and
            inserting the following:
                        ``(B) Endangered species review of outdoor use of
                    pesticide products.--
                              ``(i) In general.--The Administrator shall use
                          the amounts made available in the Fund to develop,
                          receive comments with respect to, and finalize,
                          guidance to registrants regarding analysis
                          necessary to support the review of outdoor uses of
                          pesticide products under the Endangered Species
                          Act of 1973 (16 U.S.C. 1531 et seq.).
                              ``(ii) Deadlines for guidance.--The
                          Administrator shall issue final guidance required
                          by clause (i) in accordance with the following:
                                        ``(I) With respect to new active
                                    ingredients or any registration review
                                    decision proposed for 1 or more outdoor
                                    uses, not later than 9 months after the
                                    date of enactment of the Pesticide
                                    Registration Improvement Act of 2022.
                                        ``(II) With respect to new outdoor
                                    uses of a registered pesticide, not
                                    later than 1 year after the date of
                                    enactment of the Pesticide Registration
                                    Improvement Act of 2022.
                                        ``(III) With respect to
                                    antimicrobial pesticide products, not
                                    later than 3 years after the date of
                                    enactment of the Pesticide Registration
                                    Improvement Act of 2022.
                        ``(C) Independent third party assessments.--
                              ``(i) In general.--The Administrator shall use
                          the amounts made available in the Fund to carry
                          out the activities described in clauses (ii) and
                          (iii).
                              ``(ii) Workforce assessment.--
                                        ``(I) <<NOTE: Contracts.>>  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--

    [[Page 136 STAT. 6010]]

                                                ``(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) <<NOTE: Web
                                            posting.>>  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) <<NOTE: Deadline.>>
                                            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) <<NOTE: Evaluation. Recomm
                                            enda- tions.>>  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

    [[Page 136 STAT. 6011]]

                                                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) <<NOTE: Assessment.>>
                                    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) <<NOTE: Records.>>  a
                                            copy of each such assessment;
                                            and
                                                ``(bb) <<NOTE: Recommenda-
                                            tions.>>  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:

    [[Page 136 STAT. 6012]]

                        ``(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.-- <<NOTE: Process. Determination.>> 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)--

    [[Page 136 STAT. 6013]]

                                                (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) <<NOTE: Determination.>>
                                    determine, if applicable, whether an
                                    application qualifies for a reduced risk
                                    determination under subsection (c)(10)
                                    or (h) of section 3;
                                        ``(IV) <<NOTE: Waivers.>>  grant or
                                    deny any data waiver requests submitted
                                    by the applicant with the application;
                                        ``(V) <<NOTE: Verification.>>
                                    verify and validate the accuracy of the
                                    fee category selected by the applicant;
                                    and
                                        ``(VI) <<NOTE: Notification.>>
                                    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) <<NOTE: Data.>>  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

    [[Page 136 STAT. 6014]]

                    missed or extended, the Administrator shall make any
                    action on the application a priority.''.

        (f) Reports and Information Technology.--Section 33 of the Federal
    Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8) is amended
    by striking subsection (k) and inserting the following:
        ``(k) Reports and Information Technology.--
                ``(1) Reports.--
                        ``(A) <<NOTE: Time periods.>>  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) <<NOTE: Summary.>>  Contents.--Each report
                    published under subparagraph (A) shall include a summary
                    of the following information:
                              ``(i) <<NOTE: Data.>>  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;

    [[Page 136 STAT. 6015]]

                                        ``(XII) <<NOTE: Review.>>  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) <<NOTE: Review.>>  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) <<NOTE: Review.>>  a review
                                    of the progress made toward implementing
                                    enhancements to--
                                                ``(aa) the electronic
                                            tracking of conditional
                                            registrations; and
                                                ``(bb) the endangered
                                            species database;
                                        ``(XV) <<NOTE: Review.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Evaluation.>>  an
                                            evaluation of the
                                            appropriateness and
                                            effectiveness of the activities,
                                            grants, and

    [[Page 136 STAT. 6016]]

                                            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) <<NOTE: Time period.>>
                                    beginning two years after enactment,
                                    report on the progress of meeting the
                                    deadlines listed in paragraph (5) of
                                    section 3(f); and
                                        ``(XX) <<NOTE: Review.>>  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.

    [[Page 136 STAT. 6017]]

                              ``(iv) <<NOTE: Data.>>  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) <<NOTE: Web posting.>>  on the website
                          of the Environmental Protection Agency; and
                              ``(ii) <<NOTE: Determination.>>  by such other
                          methods as the Administrator determines to be the
                          most effective for efficiently disseminating the
                          report.
                ``(2) Information technology.--
                        ``(A) <<NOTE: Deadline.>>  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) <<NOTE: Updates.>>  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

    [[Page 136 STAT. 6018]]

                              ``(iv) drafting and publication of policies
                          communicating Environmental Protection Agency
                          acceptance of novel technologies or approaches.''.

        (g) Termination of Effectiveness.--Section 33(m) of the Federal
    Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(m)) is
    amended--
                (1) by striking ``2023'' each place it appears and inserting
            ``2027''; and
                (2) in paragraph (2)--
                        (A) in subparagraph (A)--
                              (i) in the subparagraph heading, by striking
                          ``2024'' and inserting ``2028'' ; and
                              (ii) by striking ``2024'' and inserting
                          ``2028''; and
                        (B) in each of subparagraphs (B) and (C)--
                              (i) in the subparagraph heading, by striking
                          ``2025'' each place it appears and inserting
                          ``2029''; and
                              (ii) by striking ``2025'' each place it
                          appears and inserting ``2029''.
    SEC. 706. REVISION OF TABLES REGARDING COVERED PESTICIDE
                            REGISTRATION APPLICATIONS AND OTHER
                            COVERED ACTIONS AND THEIR CORRESPONDING
                            REGISTRATION SERVICE FEES.

        Section 33(b)(3) of the Federal Insecticide, Fungicide, and
    Rodenticide Act (7 U.S.C. 136w-8(b)(3)) (as amended by section
    705(a)(1)(C)) is amended by striking subparagraph (B) and inserting the
    following:
                        ``(B) Schedule, actions, and fees.--Subject to
                    paragraph (6), the schedule of registration applications
                    and other covered actions and their corresponding
                    registration service fees shall be as follows:

                           ``TABLE 1. -- REGISTRATION DIVISION (RD) -- NEW ACTIVE INGREDIENTS
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          R010           1   New Active Ingredient, Food use. (2)    36                                   1,079,356
                              (3)
    ----------------------------------------------------------------------------------------------------------------
          R020           2   New Active Ingredient, Food use;        27                                     899,464
                              reduced risk. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          R040           3   New Active Ingredient, Food use;        18                                     662,883
                              Experimental Use Permit application;
                              establish temporary tolerance;
                              submitted before application for
                              registration; credit 45% of fee
                              toward new active ingredient
                              application that follows. (3) (4)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6019]]

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

    [[Page 136 STAT. 6020]]

          R123          11   New Active Ingredient, Seed treatment   27                                     676,296
                              only; includes agricultural and non-
                              agricultural seeds; non-food use, not
                              requiring a tolerance. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          R126          12   New Active Ingredient, Seed treatment   31                                     743,925
                     (new)    only; limited uptake into raw
                              agricultural commodities; use
                              requiring a tolerance. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          R125          13   New Active Ingredient, Seed treatment;  16                                     463,930
                              Experimental Use Permit application;
                              submitted before application for
                              registration; credit 45% of fee
                              toward new active ingredient
                              application that follows. (3) (4)
    ----------------------------------------------------------------------------------------------------------------
    (1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
      to end on the next business day.
    (2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
      a first food use are covered by the base fee for that new active ingredient or first food use application and
      retain the same decision time review period as the new active ingredient or first food use application. The
      application must be received by the Agency in one package. The base fee for the category covers a maximum of
      five new products. Each application for an additional new product registration and new inert approval that is
      submitted in the new active ingredient application package or first food use application package is subject to
      the registration service fee for a new product or a new inert approval. All such associated applications that
      are submitted together will be subject to the new active ingredient or first food use decision review time. In
      the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
      application for another new product containing the same active ingredient or an amendment to the proposed
      labeling will be deemed a new active ingredient application, subject to the registration service fee and
      decision review time for a new active ingredient. In the case of a first food use application, until that
      first food use is approved, any subsequent application for an additional new food use or uses will be subject
      to the registration service fee and decision review time for a first food use. Any information that (a) was
      neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
      initiative to support the application after completion of the preliminary technical screening, and (c) is not
      itself a covered registration application, must be assessed 25% of the full registration service fee for the
      new active ingredient or first food use application.

    [[Page 136 STAT. 6021]]

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

    [[Page 136 STAT. 6022]]

          R180          21   Additional food use; reduced risk. (3)  12                                      94,774
                              (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R190          22   Additional food uses; 6 or more         17                                     682,357
                              submitted in one application. (3) (4)
                              (5)
    ----------------------------------------------------------------------------------------------------------------
          R200          23   Additional Food Use; 6 or more          12                                     568,632
                              submitted in one application; Reduced
                              Risk. (3) (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R210          24   Additional food use; Experimental Use   12                                      70,210
                              Permit application; establish
                              temporary tolerance; no credit toward
                              new use registration. (3) (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R220          25   Additional food use; Experimental Use   6                                       28,434
                              Permit application; crop destruct
                              basis; no credit toward new use
                              registration. (3) (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R230          26   Additional use; non-food; outdoor. (3)  16                                      45,453
                              (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R240          27   Additional use; non-food; outdoor;      10                                      37,878
                              reduced risk. (3) (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R250          28   Additional use; non-food; outdoor;      6                                       28,434
                              Experimental Use Permit application;
                              no credit toward new use
                              registration. (3) (4) (5)
    ----------------------------------------------------------------------------------------------------------------
          R251          29   Experimental Use Permit application     8                                       28,434
                              which requires no changes to the
                              tolerance(s); non-crop destruct
                              basis. (3) (5)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6023]]

          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.

    [[Page 136 STAT. 6024]]

    (2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
      a first food use are covered by the base fee for that new active ingredient or first food use application and
      retain the same decision time review period as the new active ingredient or first food use application. The
      application must be received by the Agency in one package. The base fee for the category covers a maximum of
      five new products. Each application for an additional new product registration and new inert approval that is
      submitted in the new active ingredient application package or first food use application package is subject to
      the registration service fee for a new product or a new inert approval. All such associated applications that
      are submitted together will be subject to the new active ingredient or first food use decision review time. In
      the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
      application for another new product containing the same active ingredient or an amendment to the proposed
      labeling will be deemed a new active ingredient application, subject to the registration service fee and
      decision review time for a new active ingredient. In the case of a first food use application, until that
      first food use is approved, any subsequent application for an additional new food use or uses will be subject
      to the registration service fee and decision review time for a first food use. Any information that (a) was
      neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
      initiative to support the application after completion of the preliminary technical screening, and (c) is not
      itself a covered registration application, must be assessed 25% of the full registration service fee for the
      new active ingredient or first food use application.
    (3) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.
    (4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for
      the new use(s). All items in the covered application must be submitted together in one package. Each
      application for an additional new product registration and new inert approval(s) that is submitted in the new
      use application package is subject to the registration service fee for a new product or a new inert approval.
      However, if a new use application only proposes to register the new use for a new product and there are no
      amendments in the application, then review of one new product application is covered by the new use fee. All
      such associated applications that are submitted together will be subject to the new use decision review time.
      Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to
      submission of the new use application and (b) prior to conclusion of its decision review time and (c)
      containing the same new uses, will be deemed a separate new-use application, subject to a separate
      registration service fee and new decision review time for a new use. If the new-use application includes non-
      food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type
      of new use and the longest decision review time applies to all of the new uses requested in the application.
      Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the
      applicant at the applicant's initiative to support the application after completion of the preliminary
      technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the
      full registration service fee for the new use application.
    (5) If the Administrator determines that endangered species analysis is required for this action, using guidance
      finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
      extended for endangered species assessment one time only for up to 50%, upon written notification to the
      applicant, prior to completion of the technical screening. To the extent practicable, any reason for
      renegotiation should be resolved during the same extension.

    [[Page 136 STAT. 6025]]

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

    [[Page 136 STAT. 6026]]

          R295          43   Establish tolerance(s) for residues in  16                                      94,774
                              one rotational crop in response to a
                              specific rotational crop application;
                              submission of corresponding label
                              amendments which specify the
                              necessary plant-back restrictions;
                              applicant-initiated. (3) (4)
    ----------------------------------------------------------------------------------------------------------------
          R296          44   Establish tolerances for residues in    16                                     568,632
                              rotational crops in response to a
                              specific rotational crop petition; 6
                              or more crops submitted in one
                              application; submission of
                              corresponding label amendments which
                              specify the necessary plant-back
                              restrictions; applicant-initiated.
                              (3) (4)
    ----------------------------------------------------------------------------------------------------------------
          R297          45   Amend 6 or more established tolerances  12                                     389,897
                              (e.g., decrease or increase) in one
                              petition; domestic or import;
                              applicant-initiated.
    ----------------------------------------------------------------------------------------------------------------
          R298          46   Amend an established tolerance (e.g.,   14                                      83,940
                              decrease or increase); domestic or
                              import; submission of corresponding
                              amended labels (requiring science
                              review). (3) (4)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6027]]

          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.

    [[Page 136 STAT. 6028]]

    (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 136 STAT. 6029]]

                                ``TABLE 4. -- REGISTRATION DIVISION (RD) -- NEW PRODUCTS
    ----------------------------------------------------------------------------------------------------------------

                   New  CR                                                   Decision  Review Time      Registration
      EPA  No.       No.                       Action                             (Months)(1)            Service Fee
                                                                                                             ($)
    ----------------------------------------------------------------------------------------------------------------
          R300          50   New product; or similar combination        4                                     2,270
                              product (already registered) to an
                              identical or substantially similar in
                              composition and use to a registered
                              product; registered source of active
                              ingredient; no data review on acute
                              toxicity, efficacy or child-resistant
                              packaging -- only product chemistry
                              data; cite-all data citation, or
                              selective data citation where applicant
                              owns all required data, or applicant
                              submits specific authorization letter
                              from data owner. Category also includes
                              100% re- package of registered end-use
                              or manufacturing-use product that
                              requires no data submission nor data
                              matrix. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          R301          51   New product; or similar combination        4                                     2,720
                              product (already registered) to an
                              identical or substantially similar in
                              composition and use to a registered
                              product; registered source of active
                              ingredient; selective data citation only
                              for data on product chemistry and/or
                              acute toxicity and/or public health pest
                              efficacy (identical data citation and
                              claims to cited product(s)), where
                              applicant does not own all required data
                              and does not have a specific
                              authorization letter from data owner.
                              (2) (3)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6030]]

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

    [[Page 136 STAT. 6031]]

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

    [[Page 136 STAT. 6032]]

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

    [[Page 136 STAT. 6033]]

          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 136 STAT. 6034]]

          R321          56   New end-use product containing four or     11                                   24,727
                              more registered active ingredients never
                              before registered as this combination in
                              a formulated product; new product label
                              is identical or substantially similar to
                              the labels of currently registered
                              products which separately contain the
                              respective component active ingredients;
                              excludes products requiring or citing an
                              animal safety study; requires review of
                              data package within RD only; includes
                              data and/or waivers of data for only:
                             1. product chemistry and/or
                             2. acute toxicity and/or
                             3. child resistant packaging and/or
                             4. pest(s) requiring efficacy (4) - for 4
                              to 7 target pests. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          R315          57   New end-use on-animal product, registered  9                                    14,075
                              source of active ingredient(s) with
                              submission of data and/or waivers for
                              only:
                             1. animal safety and
                             2. pest(s) requiring efficacy and/or
                             3. product chemistry and/or
                             4. acute toxicity and/or
                             5. child resistant packaging. (2) (3) (4)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6035]]

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

    [[Page 136 STAT. 6036]]

          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 136 STAT. 6037]]

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

    [[Page 136 STAT. 6038]]

          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.

    [[Page 136 STAT. 6039]]

    (3) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.
    (4) For the purposes of classifying proposed registration actions into PRIA categories, ``pest(s) requiring
      efficacy'' are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks,
      mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring
      beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are
      listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This
      list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in
      the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest
      groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations,
      should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches,
      mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g.,
      small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without
      a general claim, then each subgroup or specific pest will count as 1.
    (5) If the Administrator determines that endangered species analysis is required for this action, using guidance
      finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
      extended for endangered species assessment one time only for up to 50%, upon written notification to the
      applicant, prior to completion of the technical screening. To the extent practicable, any reason for
      renegotiation should be resolved during the same extension.

                                 ``TABLE 5. -- REGISTRATION DIVISION (RD) -- AMENDMENTS
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          R340          68   Amendment requiring data review within  4                                        7,150
                              RD (e.g., changes to precautionary
                              label statements); includes adding/
                              modifying pest(s) claims for up to 2
                              target pests; excludes products
                              requiring or citing an animal safety
                              study. (2) (3)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6040]]

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

    [[Page 136 STAT. 6041]]

          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 136 STAT. 6042]]

    (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.

    [[Page 136 STAT. 6043]]

                           ``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 136 STAT. 6044]]

    (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
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6045]]

          A501          89   New use, non-food; 6 or more submitted  17                                     109,764
                              in one application. (4) (5) (6)
    ----------------------------------------------------------------------------------------------------------------
    (1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
      to end on the next business day.
    (2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
      a first food use are covered by the base fee for that new active ingredient or first food use application and
      retain the same decision time review period as the new active ingredient or first food use application. The
      application must be received by the Agency in one package. The base fee for the category covers a maximum of
      five new products. Each application for an additional new product registration and new inert approval that is
      submitted in the new active ingredient application package or first food use application package is subject to
      the registration service fee for a new product or a new inert approval. All such associated applications that
      are submitted together will be subject to the new active ingredient or first food use decision review time. In
      the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
      application for another new product containing the same active ingredient or an amendment to the proposed
      labeling will be deemed a new active ingredient application, subject to the registration service fee and
      decision review time for a new active ingredient. In the case of a first food use application, until that
      first food use is approved, any subsequent application for an additional new food use or uses will be subject
      to the registration service fee and decision review time for a first food use. Any information that (a) was
      neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
      initiative to support the application after completion of the preliminary technical screening, and (c) is not
      itself a covered registration application, must be assessed 25% of the full registration service fee for the
      new active ingredient or first food use application.
    (3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
      Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
      previously subject to such a clearance, then review of the data for such clearance of such product is not
      subject to a registration service fee for the tolerance action for two years from the effective date of the
      rule.
    (4) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.

    [[Page 136 STAT. 6046]]

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

    [[Page 136 STAT. 6047]]

          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 136 STAT. 6048]]

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

    [[Page 136 STAT. 6049]]

          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.

    [[Page 136 STAT. 6050]]

    (3) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.
    (4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
      track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
      to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
      Division are to be completed within the timelines specified in section 3(h) and are not subject to
      registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
      Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
      registration service fees. (e) Submissions with data and requiring data review are subject to registration
      service fees.
    (5) The applicant must identify the substantially similar product if opting to use cite-all or the selective
      method to support acute toxicity data requirements.
    (6) Once an application for an amendment or a new product with public health organisms has been submitted and
      classified into any of categories A460 through A465 or A470 through A475, additional organisms submitted for
      the same product before the first application is granted will result in combination and reclassification of
      both the original and subsequent submissions into the appropriate new category based on the sum of the number
      of organisms in both submissions. Submission of additional organisms would result in a new PRIA start date and
      may require additional fees to meet the fee of a new category.
    (7) If the Administrator determines that endangered species analysis is required for this action, using guidance
      finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
      extended for endangered species assessment one time only for up to 50%, upon written notification to the
      applicant, prior to completion of the technical screening. To the extent practicable, any reason for
      renegotiation should be resolved during the same extension.

                ``TABLE 10. -- ANTIMICROBIAL DIVISION (AD) -- EXPERIMENTAL USE PERMITS AND OTHER ACTIONS
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          A520         109   Experimental Use Permit application,    9                                        9,151
                              non-food use. (2) (3)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6051]]

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

    [[Page 136 STAT. 6052]]

          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 136 STAT. 6053]]

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

    [[Page 136 STAT. 6054]]

          B600         125   New active ingredient; no change to a   15                                      27,443
                              permanent tolerance or tolerance
                              exemption (includes non-food uses).
                              (2) (3) (4)
    ----------------------------------------------------------------------------------------------------------------
          B610         126   New active ingredient; Experimental     12                                      18,296
                              Use Permit application; petition to
                              establish a permanent or temporary
                              tolerance or temporary tolerance
                              exemption. (3) (4)
    ----------------------------------------------------------------------------------------------------------------
          B620         127   New active ingredient; Experimental     9                                        9,151
                              Use Permit application; non-food use
                              (includes crop destruct). (3) (4)
    ----------------------------------------------------------------------------------------------------------------
    (1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
      to end on the next business day.
    (2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or
      a first food use are covered by the base fee for that new active ingredient or first food use application and
      retain the same decision time review period as the new active ingredient or first food use application. The
      application must be received by the Agency in one package. The base fee for the category covers a maximum of
      five new products. Each application for an additional new product registration and new inert approval that is
      submitted in the new active ingredient application package or first food use application package is subject to
      the registration service fee for a new product or a new inert approval. All such associated applications that
      are submitted together will be subject to the new active ingredient or first food use decision review time. In
      the case of a new active ingredient application, until that new active ingredient is approved, any subsequent
      application for another new product containing the same active ingredient or an amendment to the proposed
      labeling will be deemed a new active ingredient application, subject to the registration service fee and
      decision review time for a new active ingredient. In the case of a first food use application, until that
      first food use is approved, any subsequent application for an additional new food use or uses will be subject
      to the registration service fee and decision review time for a first food use. Any information that (a) was
      neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant's
      initiative to support the application after completion of the preliminary technical screening, and (c) is not
      itself a covered registration application, must be assessed 25% of the full registration service fee for the
      new active ingredient or first food use application.

    [[Page 136 STAT. 6055]]

    (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 136 STAT. 6056]]

    (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.

    [[Page 136 STAT. 6057]]

                  ``TABLE 13. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- NEW PRODUCTS
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          B660         133   New product; registered source of       6                                        1,833
                              active ingredient(s); identical or
                              substantially similar in composition
                              and use to a registered product; no
                              change in an established tolerance or
                              tolerance exemption; no data
                              submission or data matrix (or
                              submission of product chemistry data
                              only). (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          B670         134   New product; registered source of       9                                        7,322
                              active ingredient(s); no change in an
                              established tolerance or tolerance
                              exemption; (including non-food); Must
                              address Product-Specific Data
                              Requirements. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          B672         135   New product; unregistered source of at  15                                      13,069
                              least one active ingredient (or
                              registered source with new generic
                              data package); no change in an
                              established tolerance or tolerance
                              exemption (including non-food); must
                              address Product-Specific and Generic
                              Data Requirements. (2) (3)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6058]]

          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.

    [[Page 136 STAT. 6059]]

    (3) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.

                   ``TABLE 14. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- AMENDMENTS
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          B621         139   Amendment; Experimental Use Permit; no  7                                        7,322
                              change to an established temporary or
                              permanent tolerance or tolerance
                              exemption. (3) (4)
    ----------------------------------------------------------------------------------------------------------------
          B622         140   Amendment; Experimental Use Permit;     11                                      18,296
                              petition to amend a permanent or
                              temporary tolerance or tolerance
                              exemption. (3) (4)
    ----------------------------------------------------------------------------------------------------------------
          B641         141   Amendment; changes to an established    13                                      18,296
                              tolerance or tolerance exemption. (4)
    ----------------------------------------------------------------------------------------------------------------
          B680         142   Amendment; registered sources of        5                                        7,322
                              active ingredient(s); no new use(s);
                              no changes to an established
                              tolerance or tolerance exemption;
                              requires data submission. (2) (3)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6060]]

          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.

    [[Page 136 STAT. 6061]]

    (2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
      track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
      to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
      Division are to be completed within the timelines specified in section 3(h) and are not subject to
      registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
      Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
      registration service fees. (e) Submissions with data and requiring data review are subject to registration
      service fees.
    (3) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.
    (4) If the Administrator determines that endangered species analysis is required for this action, using guidance
      finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be
      extended for endangered species assessment one time only for up to 50%, upon written notification to the
      applicant, prior to completion of the technical screening. To the extent practicable, any reason for
      renegotiation should be resolved during the same extension.

     ``TABLE 15. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- STRAIGHT-CHAIN LEPIDOPTERAN PHEROMONES
                                                         (SCLP)
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          B690         147   SCLP; new active ingredient; food or    7                                        3,662
                              non-food use. (2) (6) (7)
    ----------------------------------------------------------------------------------------------------------------
          B700         148   SCLP; Experimental Use Permit           7                                        1,833
                              application; new active ingredient or
                              new use. (6) (7)
    ----------------------------------------------------------------------------------------------------------------
          B701         149   SCLP; Extend or amend Experimental Use  4                                        1,833
                              Permit. (6) (7)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6062]]

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

    [[Page 136 STAT. 6063]]

          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 136 STAT. 6064]]

    (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.
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6065]]

          B682         156   Protocol review; applicant initiated;   3                                        3,487
                              excludes time for Human Studies
                              Review Board review (Includes
                              rebuttal of protocol review).
    ----------------------------------------------------------------------------------------------------------------
          B616         157   Pre-application; Conditional Ruling on  5                                        4,715
                     (new)    a non-food use determination.
    ----------------------------------------------------------------------------------------------------------------
          B617         158   Pre-application; biochemical            5                                        4,715
                     (new)    classification determination.
    ----------------------------------------------------------------------------------------------------------------
    (1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
      to end on the next business day.

      ``TABLE 17. -- BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) -- PLANT-INCORPORATED PROTECTANTS (PIP)
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          B740         159   Experimental Use Permit application;    9                                      137,198
                              no petition for tolerance/tolerance
                              exemption; includes:
                             1. non-food/feed use(s) for a new (2)
                              or registered (3) PIP (12);
                             2. food/feed use(s) for a new or
                              registered PIP with crop destruct;
                             3. food/feed use(s) for a new or
                              registered PIP in which an
                              established tolerance/tolerance
                              exemption exists for the intended
                              use(s). (4) (5) (12)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6066]]

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

    [[Page 136 STAT. 6067]]

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

    [[Page 136 STAT. 6068]]

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

    [[Page 136 STAT. 6069]]

          B884         171   Registration application; new (2) PIP,  19                                     228,657
                              seed increase with negotiated acreage
                              cap and time-limited registration;
                              with petition to establish a
                              permanent tolerance/tolerance
                              exemption for the active ingredient.
                              (5) (8) (12) (14)
    ----------------------------------------------------------------------------------------------------------------
          B885         172   Registration application; registered    6                                       45,737
                              (2) PIP, seed increase; breeding
                              stack of previously approved PIPs,
                              same crop; no petition since a
                              permanent tolerance/tolerance
                              exemption is already established for
                              the active ingredient(s). (9) (12)
    ----------------------------------------------------------------------------------------------------------------
          B890         173   Application to amend a seed increase    9                                       91,465
                              registration; converts registration
                              to commercial registration; no
                              petition since permanent tolerance/
                              tolerance exemption is already
                              established for the active
                              ingredient(s). (5) (12) (14)
    ----------------------------------------------------------------------------------------------------------------
          B900         174   Application to amend a registration,    6                                       18,296
                              including actions such as modifying
                              an IRM plan, or adding an insect to
                              be controlled. (5) (10) (11) (12)
    ----------------------------------------------------------------------------------------------------------------
          B902         175   PIP Protocol review.                    3                                        9,151
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6070]]

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

    [[Page 136 STAT. 6071]]

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

    [[Page 136 STAT. 6072]]

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

    [[Page 136 STAT. 6073]]

          B924         186   Registration application; new active    19                                     292,682
                     (new)    ingredient; genetic modifications in
                              animals intended for use as a
                              pesticide (e.g., for pest population
                              control); with petition to establish
                              a permanent tolerance/tolerance
                              exemption of an active ingredient.
                              This category would cover substances
                              produced and used in animals that are
                              intended for use as a pesticide, such
                              as for pest population control,
                              including the genetic material in
                              such animals. (5) (12) (13) (14)
    ----------------------------------------------------------------------------------------------------------------
          B925         187   Experimental Use Permit application;    11                                      27,452
                     (new)    exogenous applications of RNA to
                              elicit the RNA interference pathway
                              in pests; non-food/feed; credit 75%
                              of B925 fee toward registration
                              application for the new active
                              ingredient that follows (B926). (5)
                              (12)
    ----------------------------------------------------------------------------------------------------------------
          B926         188   Registration application; new active    17                                      82,329
                     (new)    ingredient; exogenous applications of
                              RNA to elicit the RNA interference
                              pathway in pests; non-food/feed. (5)
                              (12) (14)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6074]]

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

    [[Page 136 STAT. 6075]]

          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).

    [[Page 136 STAT. 6076]]

    (8) The negotiated acreage cap will depend upon EPA's determination of the potential environmental exposure,
      risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal
      substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type
      of non-target organism data submitted and the lack of insect resistance management data, which is usually not
      required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission
      of a registration application in this category.
    (9) Application can be submitted prior to or concurrently with an application for commercial registration.
    (10) For example, IRM plan modifications that are applicant-initiated.
    (11) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-
      track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject
      to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials
      Division are to be completed within the timelines specified in section 3(h) and are not subject to
      registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide
      Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to
      registration service fees. (e) Submissions with data and requiring data review are subject to registration
      service fees.
    (12) Where the action involves approval of a new or amended label, on or before the end date of the decision
      review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by
      the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency.
      The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with
      the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-
      stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the
      Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without
      prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases
      described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the
      final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as
      in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-
      stamped label to the registrant within 2 business days following the registrant's written or electronic
      confirmation of agreement to the Agency.
    (13) This category does not include genetic modifications in animals not intended for use as a pesticide, e.g.,
      genetic modifications in animals intended for food use or animals intended for use as companion animals.
    (14) If the Administrator determines that endangered species analysis is required for this action, using
      guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time
      can be extended for endangered species assessment one time only for up to 50%, upon written notification to
      the applicant, prior to completion of the technical screening. To the extent practicable, any reason for
      renegotiation should be resolved during the same extension.

                                            ``TABLE 18. -- INERT INGREDIENTS
    ----------------------------------------------------------------------------------------------------------------
                                                                                                       Registration
      EPA  No.     New  CR                   Action                       Decision  Review Time        Service Fee
                     No.                                                       (Months)(1)                 ($)
    ----------------------------------------------------------------------------------------------------------------
          I001         195   Approval of new food use inert          15                                      38,698
                              ingredient. (2) (3)
    ----------------------------------------------------------------------------------------------------------------
          I002         196   Amend currently approved inert          13                                      10,750
                              ingredient tolerance or exemption
                              from tolerance; new data. (2)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6077]]

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

    [[Page 136 STAT. 6078]]

          I012         206   Approval of new non-food use safener.   21                                     595,147
                              (2)
    ----------------------------------------------------------------------------------------------------------------
          I013         207   Approval of additional food use for     17                                      90,260
                              previously approved safener with
                              tolerance or exemption from
                              tolerance. (2)
    ----------------------------------------------------------------------------------------------------------------
          I014         208   Approval of additional non-food use     15                                      36,074
                              for previously approved safener. (2)
    ----------------------------------------------------------------------------------------------------------------
          I015         209   Approval of new generic data for        26                                     386,589
                              previously approved food use safener.
                              (2)
    ----------------------------------------------------------------------------------------------------------------
          I016         210   Approval of amendment(s) to tolerance   15                                      79,942
                              and label for previously approved
                              safener. (2)
    ----------------------------------------------------------------------------------------------------------------
          I017   211 (new)   Add new source of previously approved   8                                       18,958
                              safener.
    ----------------------------------------------------------------------------------------------------------------
          I018   212 (new)   Petition to add one approved inert      3                                        2,371
                              ingredient (CASRN) to the Commodity
                              Inert Ingredient List; no data. (4)
    ----------------------------------------------------------------------------------------------------------------
    (1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended
      to end on the next business day.
    (2) If another covered application is submitted that depends upon an application to approve an inert ingredient,
      each application will be subject to its respective registration service fee. The decision review time for both
      submissions will be the longest of the associated applications. If the application covers multiple ingredients
      grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of
      those ingredients.
    (3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and
      Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not
      previously subject to such a clearance, then review of the data for such clearance of such product is not
      subject to a registration service fee for the tolerance action for two years from the effective date of the
      rule.
    (4) Due to low fee and short time frame this category is not eligible for small business waivers.

    [[Page 136 STAT. 6079]]

                                ``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)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6080]]

          M004         216   External technical peer review of new   18                                      91,651
                              active ingredient, product, or
                              amendment (e.g., consultation with
                              FIFRA Scientific Advisory Panel) for
                              an action with a decision timeframe
                              of greater than 12 months. Applicant
                              initiated request based on a
                              requirement of the Administrator, as
                              defined by FIFRA Sec.  25(d), in
                              support of a novel active ingredient,
                              or unique use pattern or application
                              technology. Excludes PIP active
                              ingredients. (3)
    ----------------------------------------------------------------------------------------------------------------
          M005         217   New Product: Combination, Contains a    9                                       31,604
                              combination of active ingredients
                              from a registered and/or unregistered
                              source; conventional, antimicrobial
                              and/or biopesticide. Requires
                              coordination with other regulatory
                              divisions to conduct review of data,
                              label and/or verify the validity of
                              existing data as cited. Only existing
                              uses for each active ingredient in
                              the combination product. (4) (5) (6)
    ----------------------------------------------------------------------------------------------------------------
          M006         218   Request for up to 5 letters of          1                                          398
                              certification (Gold Seal) for one
                              actively registered product (excludes
                              distributor products). (7)
    ----------------------------------------------------------------------------------------------------------------

    [[Page 136 STAT. 6081]]

          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.

    [[Page 136 STAT. 6082]]

    (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. <<NOTE: Deadline. Web posting. 7 USC 136w note.>>
                            INFORMATION.

        Not later than 180 days after the date of enactment of this title,
    the Administrator of the Environmental Protection Agency shall post on a
    single webpage of the website of the Environmental Protection Agency
    aggregated information on pesticide regulation under the Federal
    Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),
    including--
                (1) all guidance relating to risk assessment, risk
            mitigation, benefits assessments, and cost-benefit balancing;
                (2) hyperlinks to resources, including the Department of
            Agriculture's ``national list of allowed and prohibited
            substances'' for organic crop and livestock production;
                (3) biopesticides and pesticides exempt pursuant to section
            25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act
            (7 U.S.C. 136w(b)); and
                (4) integrated pest management principles developed under
            section 28(c) of such Act (7 U.S.C. 136w-3(c)), including
            technical assistance for implementation of those principles.
    SEC. 708. <<NOTE: 7 USC 136a-1 note.>>  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

    [[Page 136 STAT. 6083]]

            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. <<NOTE: 7 USC 136a note.>>  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) <<NOTE: Time period.>>  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)).

    [[Page 136 STAT. 6084]]

    DIVISION II-- <<NOTE: Pregnant Workers Fairness Act.>> PREGNANT WORKERS
    SEC. 101. <<NOTE: 42 USC 2000gg note.>>  SHORT TITLE.

        This division may be cited as the ``Pregnant Workers Fairness Act''.
    SEC. 102. <<NOTE: 42 USC 2000gg.>>  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));

    [[Page 136 STAT. 6085]]

                (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. <<NOTE: 42 USC 2000gg-1.>>  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. <<NOTE: 42 USC 2000gg-2.>>  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.)

    [[Page 136 STAT. 6086]]

            shall be the powers, remedies, and procedures this division
            provides to the Commission, the Attorney General, or any person,
            respectively, alleging an unlawful employment practice in
            violation of this division against an employee described in
            section 102(3)(A) except as provided in paragraphs (2) and (3)
            of this subsection.
                (2) Costs and fees.--The powers, remedies, and procedures
            provided in subsections (b) and (c) of section 722 of the
            Revised Statutes (42 U.S.C. 1988) shall be the powers, remedies,
            and procedures this division provides to the Commission, the
            Attorney General, or any person alleging such practice.
                (3) Damages.--The powers, remedies, and procedures provided
            in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
            including the limitations contained in subsection (b)(3) of such
            section 1977A, shall be the powers, remedies, and procedures
            this division provides to the Commission, the Attorney General,
            or any person alleging such practice (not an employment practice
            specifically excluded from coverage under section 1977A(a)(1) of
            the Revised Statutes (42 U.S.C. 1981a(a)(1))).

        (b) Employees Covered by Congressional Accountability Act of 1995.--
                (1) In general.--The powers, remedies, and procedures
            provided in the Congressional Accountability Act of 1995 (2
            U.S.C. 1301 et seq.) for the purposes of addressing allegations
            of violations of section 201(a)(1) of such Act (2 U.S.C.
            1311(a)(1)) shall be the powers, remedies, and procedures this
            division provides to address an allegation of an unlawful
            employment practice in violation of this division against an
            employee described in section 102(3)(B), except as provided in
            paragraphs (2) and (3) of this subsection.
                (2) Costs and fees.--The powers, remedies, and procedures
            provided in subsections (b) and (c) of section 722 of the
            Revised Statutes (42 U.S.C. 1988) for the purposes of addressing
            allegations of such a violation shall be the powers, remedies,
            and procedures this division provides to address allegations of
            such practice.
                (3) Damages.--The powers, remedies, and procedures provided
            in section 1977A of the Revised Statutes (42 U.S.C. 1981a),
            including the limitations contained in subsection (b)(3) of such
            section 1977A, for purposes of addressing allegations of such a
            violation, shall be the powers, remedies, and procedures this
            division provides to address any allegation of such practice
            (not an employment practice specifically excluded from coverage
            under section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
            1981a(a)(1))).

        (c) Employees Covered by Chapter 5 of Title 3, United States Code.--
                (1) In general.--The powers, remedies, and procedures
            provided in chapter 5 of title 3, United States Code, to the
            President, the Commission, the Merit Systems Protection Board,
            or any person alleging a violation of section 411(a)(1) of such
            title shall be the powers, remedies, and procedures this
            division provides to the President, the Commission, the Board,
            or any person, respectively, alleging an unlawful employment
            practice in violation of this division against an employee

    [[Page 136 STAT. 6087]]

            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,

    [[Page 136 STAT. 6088]]

            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. <<NOTE: Deadlines. 42 USC 2000gg-3.>>  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) <<NOTE: Applicability.>>  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).

    [[Page 136 STAT. 6089]]

                (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. <<NOTE: 42 USC 2000gg-4.>>  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. <<NOTE: 42 USC 2000gg-5.>>  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. <<NOTE: 42 USC 2000gg-6.>>  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. <<NOTE: 42 USC 2000gg note.>>  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. <<NOTE: 16 USC 1387 note.>>  NORTH ATLANTIC RIGHT WHALES
                            AND REGULATIONS.

        (a) <<NOTE: Time period.>>  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,

    [[Page 136 STAT. 6090]]

    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) <<NOTE: Deadline.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Reports.>>  in consultation with affected
            States, submit an annual report to Congress on the status of
            North Atlantic Right Whales, the actions taken and plans to
            implement measures expected to not exceed Potential Biological
            Removal by December 31, 2028, the amount of serious injury and
            mortality by fishery and country, and the proportion of the
            American lobster and Jonah crab fisheries that have transitioned
            to innovative gear technologies that reduce harm to the North
            Atlantic Right Whale.

        (b) Exception.--The provisions of subsection (a) shall not apply to
    an existing emergency rule, or any action taken to extend or make final
    an emergency rule that is in place on the date of enactment of this Act,
    affecting lobster and Jonah crab.

                            TITLE II--GRANT AUTHORITY

    SEC. 201. <<NOTE: 16 USC 1393.>>  CONSERVATION AND MITIGATION
                            ASSISTANCE.

        (a) <<NOTE: Contracts.>>  Assistance.--
                (1) <<NOTE: Deadline.>>  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

    [[Page 136 STAT. 6091]]

            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) <<NOTE: Determination.>>  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.--

    [[Page 136 STAT. 6092]]

                (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. <<NOTE: 16 USC 1393 note.>>  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) <<NOTE: 16 USC 1393 note.>>  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. <<NOTE: 33 USC 883a note.>>  SURVEY.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  in as short a time as
            possible, ensure relevant survey samples and results are
            analyzed, stored, archived, and made publicly available;

    [[Page 136 STAT. 6093]]

                (3) prioritize the collection of plankton samples and data
            that inform the conservation of North Atlantic right whales; and
                (4) <<NOTE: Coordination. Canada.>>  to the extent
            practicable, coordinate with the Government of Canada to develop
            a transboundary understanding of plankton abundance and
            distribution.

        (c) <<NOTE: Time period.>>  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-- <<NOTE: Providing Urgent Maternal Protections for Nursing
    Mothers Act.>> PUMP FOR NURSING MOTHERS ACT
    SEC. 101. <<NOTE: 29 USC 201 note.>>  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. <<NOTE: 29 USC 218d.>>  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.--

    [[Page 136 STAT. 6094]]

                ``(1) In general.--An employer that is an air carrier shall
            not be subject to the requirements of this section with respect
            to an employee of such air carrier who is a crewmember
                ``(2) Definitions.--In this subsection:
                        ``(A) Air carrier.--The term `air carrier' has the
                    meaning given such term in section 40102 of title 49,
                    United States Code.
                        ``(B) Crewmember.--The term `crewmember' has the
                    meaning given such term in section 1.1 of title 14, Code
                    of Federal Regulations (or successor regulations).

        ``(e) Applicability to Rail Carriers.--
                ``(1) In general.--Except as provided in paragraph (2), an
            employer that is a rail carrier shall be subject to the
            requirements of this section.
                ``(2) Certain employees.--An employer that is a rail carrier
            shall be subject to the requirements of this section with
            respect to an employee of such rail carrier who is a member of a
            train crew involved in the movement of a locomotive or rolling
            stock or who is an employee who maintains the right of way,
            provided that compliance with the requirements of this section
            does not--
                        ``(A) require the employer to incur significant
                    expense, such as through the addition of such a member
                    of a train crew in response to providing a break
                    described in subsection (a)(1) to another such member of
                    a train crew, removal or retrofitting of seats, or the
                    modification or retrofitting of a locomotive or rolling
                    stock; or
                        ``(B) result in unsafe conditions for an individual
                    who is an employee who maintains the right of way.
                ``(3) Significant expense.--For purposes of paragraph
            (2)(A), it shall not be considered a significant expense to
            modify or retrofit a locomotive or rolling stock by installing a
            curtain or other screening protection.
                ``(4) Definitions.--In this subsection:
                        ``(A) Employee who maintains the right of way.--The
                    term `employee who maintains the right of way' means an
                    employee who is a safety-related railroad employee
                    described in section 20102(4)(C) of title 49, United
                    States Code.
                        ``(B) Rail carrier.--The term `rail carrier' means
                    an employer described in section 13(b)(2).
                        ``(C) Train crew.--The term `train crew' has the
                    meaning given such term as used in chapter II of
                    subtitle B of title 49, Code of Federal Regulations (or
                    successor regulations).

        ``(f) Applicability to Motorcoach Services Operators.--
                ``(1) In general.--Except as provided in paragraph (2), an
            employer that is a motorcoach services operator shall be subject
            to the requirements of this section.
                ``(2) Employees who are involved in the movement of a
            motorcoach.--An employer that is a motorcoach services operator
            shall be subject to the requirements of this section with
            respect to an employee of such motorcoach services operator who
            is involved in the movement of a motorcoach provided that
            compliance with the requirements of this section does not--

    [[Page 136 STAT. 6095]]

                        ``(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 <<NOTE: Time period. Compliance.>> ) 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:

    [[Page 136 STAT. 6096]]

                ``(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) <<NOTE: 29 USC 207 note.>>  Expanding Access.--The amendments
    made by section 102(a) shall take effect on the date of enactment of
    this Act.

        (b) <<NOTE: 29 USC 215 note.>>  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) <<NOTE: 49 USC 20168 note.>>  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) <<NOTE: 29 USC 218d note.>>  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).

    [[Page 136 STAT. 6097]]

        (e) <<NOTE: 29 USC 218d note.>>  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-- <<NOTE: State, Local, Tribal, and Territorial Fiscal
    Recovery, Infrastructure, and Disaster Relief Flexibility Act.>> STATE,
      LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY, INFRASTRUCTURE, AND
    DISASTER RELIEF FLEXIBILITY
    SEC. 101. <<NOTE: 42 USC 1305 note.>>  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-- <<NOTE: 42 USC 802.>>
                        (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

    [[Page 136 STAT. 6098]]

                                        (IV) by adding at the end the
                                    following new subparagraph:
                        ``(E) to provide emergency relief from natural
                    disasters or the negative economic impacts of natural
                    disasters, including temporary emergency housing, food
                    assistance, financial assistance for lost wages, or
                    other immediate needs.''; and
                              (ii) by adding at the end the following new
                          paragraph:
                ``(5) Authority to use funds for certain infrastructure
            projects.--
                        ``(A) In general.--Subject to subparagraph (C),
                    notwithstanding any other provision of law, a State,
                    territory, or Tribal government receiving a payment
                    under this section may use funds provided under such
                    payment for projects described in subparagraph (B),
                    including, to the extent consistent with guidance or
                    rules issued by the Secretary or the head of a Federal
                    agency to which the Secretary has delegated authority
                    pursuant to subparagraph (C)(iv)--
                              ``(i) in the case of a project eligible under
                          section 117 of title 23, United States Code, or
                          section 5309 or 6701 of title 49, United States
                          Code, to satisfy a non-Federal share requirement
                          applicable to such a project; and
                              ``(ii) in the case of a project eligible for
                          credit assistance under the TIFIA program under
                          chapter 6 of title 23, United States Code--
                                        ``(I) to satisfy a non-Federal share
                                    requirement applicable to such a
                                    project; and
                                        ``(II) to repay a loan provided
                                    under such program.
                        ``(B) Projects described.--A project referred to in
                    subparagraph (A) is any of the following:
                              ``(i) A project eligible under section 117 of
                          title 23, United States Code.
                              ``(ii) A project eligible under section 119 of
                          title 23, United States Code.
                              ``(iii) A project eligible under section 124
                          of title 23, United States Code, as added by the
                          Infrastructure Investment and Jobs Act.
                              ``(iv) A project eligible under section 133 of
                          title 23, United States Code.
                              ``(v) An activity to carry out section 134 of
                          title 23, United States Code.
                              ``(vi) A project eligible under section 148 of
                          title 23, United States Code.
                              ``(vii) A project eligible under section 149
                          of title 23, United States Code.
                              ``(viii) A project eligible under section
                          151(f) of title 23, United States Code, as added
                          by the Infrastructure Investment and Jobs Act.
                              ``(ix) A project eligible under section 165 of
                          title 23, United States Code.
                              ``(x) A project eligible under section 167 of
                          title 23, United States Code.

    [[Page 136 STAT. 6099]]

                              ``(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

    [[Page 136 STAT. 6100]]

                                    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,

    [[Page 136 STAT. 6101]]

                          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) <<NOTE: Time period. Termination date.>>
                    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-- <<NOTE: 42 USC 803.>>
                        (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

    [[Page 136 STAT. 6102]]

                          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) <<NOTE: Determination.>>  Application
                          of requirements.--Except as otherwise determined
                          by the Secretary or the head of a Federal agency
                          to which the Secretary has delegated authority
                          pursuant to clause (iv) or provided in this
                          section--
                                        ``(I) the requirements of section
                                    60102 of the Infrastructure Investment
                                    and Jobs Act shall apply to funds
                                    provided under a payment made under this
                                    section that are used pursuant to
                                    subparagraph (A) for a project described
                                    in clause (xxvi) of section 602(c)(5)(B)
                                    that relates to broadband
                                    infrastructure; and
                                        ``(II) the requirements of titles
                                    23, 40, and 49 of the United States
                                    Code, title I of the Housing and
                                    Community Development Act of 1974 (42
                                    U.S.C. 5301 et seq.), and the National
                                    Environmental Policy Act of 1969 (42
                                    U.S.C. 4321 et. seq) shall apply to
                                    funds provided under a payment made
                                    under this section that are used for
                                    projects described in section
                                    602(c)(5)(B).
                              ``(iv) Oversight.--The Secretary may delegate
                          oversight and administration of the requirements
                          described in clause (iii) to the appropriate
                          Federal agency.
                              ``(v) Supplement, not supplant.--Amounts from
                          a payment made under this section that are used by
                          a metropolitan city, nonentitlement unit of local

    [[Page 136 STAT. 6103]]

                          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) <<NOTE: Time period. Termination date.>>
                    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) <<NOTE: 42 USC 802 note.>>  Guidance and Effective Date.--
                (1) <<NOTE: Deadline. Updates.>>  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) <<NOTE: 15 USC 9042.>> , by
                    striking ``$100,000,000'' and inserting ``61,000,000'';
                    and
                        (B) in section 4112(b), <<NOTE: 15 USC 9072.>>  by
                    striking ``$100,000,000'' and inserting ``$67,000,000''.
                (2) <<NOTE: Determination.>>  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

    [[Page 136 STAT. 6104]]

                        (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. <<NOTE: Allocation. Time periods. Effective date.>> --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.

    [[Page 136 STAT. 6105]]

                        ``(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.--
            <<NOTE: Definition.>> 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. <<NOTE: 42 USC 806.>>  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,

    [[Page 136 STAT. 6106]]

            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. <<NOTE: Fairness for 9/11 Families Act.>>  IMPROVEMENTS
                            TO THE JUSTICE FOR UNITED STATES VICTIMS
                            OF STATE SPONSORED TERRORISM ACT.

        (a) <<NOTE: 34 USC 10101 note.>>  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) <<NOTE: Time period.>>  in paragraph (1)(B), in
                    the first sentence, by inserting ``and during the 1-year
                    period beginning on the date of enactment of the
                    Fairness for 9/11 Families Act, the Special Master may
                    utilize an additional 5 full-time equivalent Department
                    of Justice personnel'' before the period at the end; and

                    (B) <<NOTE: Deadline. Update. Procedures. Guidance.>>
                    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:

    [[Page 136 STAT. 6107]]

                              ``(ii) <<NOTE: Deadlines.>>  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.

    [[Page 136 STAT. 6108]]

                                                ``(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) <<NOTE: Deadline. Audit. Federal
                          Register, publication. Notice.>>  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) <<NOTE: Time period. Effective date.>>
                          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) <<NOTE: Determinations.>>  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) <<NOTE: Deadlines.>>
                                    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

    [[Page 136 STAT. 6109]]

                                    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) <<NOTE: Definition.>>  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).

    [[Page 136 STAT. 6110]]

                ``(16) <<NOTE: Definition.>>  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.-- <<NOTE: Evaluation. Assessments.>> 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.

    [[Page 136 STAT. 6111]]

                (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.

        Approved Dec. 29, 2022.

    LEGISLATIVE HISTORY--H.R. 2617:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 117-164 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD:
                                                            Vol. 167 (2021):
                                        July 26, Sept. 28, considered and
                                            passed House.
                                                            Vol. 168 (2022):
                                        Nov. 15, considered and passed
                                            Senate, amended.
                                        Dec. 14, House concurred in certain
                                            Senate amendments, and in
                                            another with an amendment
                                            pursuant to H. Res. 1518.
                                        Dec. 20-22, Senate considered and
                                            concurred in House amendment
                                            with an amendment.
                                        Dec. 23, House concurred in Senate
                                            amendment.

                                      <all>