[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>